Walk It Through: The Case

From the first appearance to the petition nobody mentions, on the rules rather than the drama.

Booked overnight on a warrantless arrest. Morning, and nobody has said what happens next.

Timing that varies by county and with weekends and holidays, the eligibility list for intervention in lieu, the individual offence statutes that override the general sentencing scheme, competency and the insanity defence, and the absence of a right to appointed counsel on a postconviction petition are not covered here. The sentencing material is drawn from the Felony Sentencing Reference Guide, and an individual offence statute can override any of it.

A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.

Words this turns on

Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.

58 words

AdjudicationThe juvenile court finding that a child committed the act alleged. It is what that court does instead of convicting, and what follows it is called a disposition rather than a sentence.
AmenabilityWhether a child can be cared for or rehabilitated within the juvenile system. Where a transfer is discretionary, this is the question the hearing is about.
Appointed counselCounsel provided at public expense to a defendant who cannot afford one, required in any case where imprisonment is actually imposed.
ArraignmentThe hearing where the charge is read and a plea is entered. In Ohio the initial appearance and the arraignment can happen at the same hearing in a misdemeanor case.
Assured clear distance aheadThe rule in division (A) of the speed section: no greater speed than lets the vehicle be brought to a stop within the distance that is clear ahead of it.
BindoverMoving a case out of juvenile court and into adult criminal court. Ohio has a mandatory kind, where eligibility decides it, and a discretionary kind, where a hearing does.
Brady materialEvidence favourable to the accused and material to guilt or punishment. Suppressing it violates due process regardless of whether the prosecution acted in good faith, and Giglio extends it to evidence impeaching a government witness.
Bulk amountA quantity defined per substance in the definitions section, which the possession and trafficking tables then use as their unit. Multiples of it set the degree.
Civil penaltyA monetary penalty imposed outside the criminal process. A traffic camera violation is one, which is why it carries no points, is not reported to the Bureau of Motor Vehicles, and is not recorded on a driving record.
Clear and convincing evidenceA standard of proof higher than the balance of probabilities used in an ordinary civil case and lower than proof beyond a reasonable doubt. Ohio uses it for civil commitment and for forfeiture, among other things.
Collateral attackA later proceeding that challenges a conviction from outside the direct appeal, such as a petition for postconviction relief or a habeas action.
Community controlCourt supervision imposed instead of a prison term, with conditions set by the court. Ohio replaced the word probation with this term for felony sentencing.
Competency to stand trialWhether a defendant, because of their present mental condition, is capable of understanding the nature and objective of the proceedings and of assisting in the defence. A defendant is presumed competent, and a finding otherwise takes a hearing and a preponderance of the evidence.
Competent to be an electorThe statutory way of saying eligible to vote. A felony conviction removes it, and the same section gives it back on parole, judicial release, a conditional pardon, non jail community control or post release control, and thereafter on final discharge.
Dangerous ordnanceA defined category above deadly weapon, covering automatic and sawed off firearms, military weapons, explosive devices and similar items, with express exclusions in the definition.
Deadly weaponAnything capable of inflicting death that is either designed or specially adapted for use as a weapon, or possessed, carried or used as one. It is a definition with elements, and nothing is a deadly weapon by default.
DegreeThe classification every Ohio offence carries, from minor misdemeanor up to felony of the first degree. The degree sets the available range before anyone looks at the facts.
DiscoveryThe exchange of evidence between the parties in a criminal case. On receipt of a written demand the prosecuting attorney provides the categories the rule lists, including statements, records, lab results and officer reports.
Exclusionary ruleEvidence obtained in violation of the Fourth Amendment is generally inadmissible in a criminal prosecution. The case that applied the rule to the states came out of Ohio.
Explanation of circumstancesThe account of the offence a court hears before making a finding on a misdemeanour no contest plea. Section 2937.07 lets the judge find guilty or not guilty from it.
Final dischargeRelease from parole or probation, which is the event a juvenile sealing application is measured from. A person under eighteen may apply six months after it, and a person eighteen or older may apply immediately after it.
ForfeitureThe state going to court to keep seized property permanently. It is a separate proceeding from the criminal case, with its own filings, its own standard of proof, and its own deadlines.
InstrumentalityProperty that is lawful to own, used in or intended to be used in an offence. The statutory list includes a firearm, a vehicle, a computer, a telecommunications device, and money.
Intervention in lieu of convictionA statutory route where a court may stay the case and order treatment for an eligible defendant whose offence was related to a substance use disorder. Successful completion results in dismissal.
Invoking the rightStating clearly that you are exercising the right to remain silent or the right to counsel. The right exists either way, but the protections that follow an invocation run from the moment it is stated.
Judgment proofA description of a person whose income and property all sit inside the exemptions, so a judgment against them reaches nothing. It is a fact about what is collectible, not a status anybody is granted.
Jury demandThe written filing that gets a jury in a petty offense case. It goes to the clerk not less than ten days before the trial date, or on or before the third day after notice of that date, whichever is later.
Least restrictive conditionsThe standard a court applies to pretrial release. Conditions are to be the least restrictive ones that reasonably assure the person's appearance and the safety of the public.
Major drug offenderA specification attaching at the highest quantity tier of a drug offence. Where it applies, the court is required to impose the maximum term for the degree.
Minor drug possession offenceA violation of the possession section that is a misdemeanour or a fifth degree felony. The phrase is the boundary of the overdose immunity, which reaches this and nothing heavier.
Minor misdemeanorThe bottom rung of the Ohio code. No jail term at all, a fine capped at one hundred and fifty dollars, and a section that says an officer shall issue a citation rather than arrest unless one of four exceptions applies.
No contestA plea that admits the truth of the facts alleged rather than guilt. It leaves a pretrial ruling appealable and, as a rule, cannot be used against the person in a later civil or criminal proceeding.
Noneconomic lossThe part of a damages award that is not out of pocket. The seat belt section keeps a failure to wear one out of the negligence question entirely, then allows a trier of fact to reduce a recovery of compensatory damages representing this and only this.
Not guilty by reason of insanityA finding that at the time of the offence the person did not know, as a result of a severe mental disease or defect, the wrongfulness of their acts. The person raising it carries the burden of proving it.
Notice of appealThe filing that starts an appeal, due within thirty days of the entry of a final order. Past that a criminal defendant may ask leave for a delayed appeal, setting out why the appeal as of right was never perfected.
Pattern of conductTwo or more actions or incidents closely related in time. It is the element that separates menacing by stalking from a single unpleasant encounter.
Petty offenseA misdemeanour that is not a serious offense, meaning one whose penalty does not include confinement for more than six months. In a petty offense case the judge hears the trial unless a jury is demanded in writing.
Post release controlSupervision by the adult parole authority after a prison term, required for some degrees and discretionary for others. Violations can carry additional prison time.
Predicate motor vehicle or traffic offenseA defined list of traffic sections in the definitions statute. One of them within a year turns a speeding violation from a minor misdemeanour into a fourth degree misdemeanour; two or more make it a third.
Pretrial motionA request to the court decided before trial, a motion to suppress evidence among them. The rule puts all of them within thirty-five days after arraignment or seven days before trial, whichever is earlier.
Prima facieEstablished unless something is shown against it. Where a speed limit is prima facie, exceeding it makes out the violation and leaves room to show the speed was reasonable and proper for the conditions.
Probable causeFacts that would lead a reasonable person to believe a crime has been committed and that this person committed it. It is the threshold for an arrest and for a search warrant.
Qualified immunityA defence protecting an official sued individually unless the right they violated was clearly established at the time, meaning existing precedent had put the question beyond debate.
Qualified interpreterThe interpreter a court appoints where a party or witness cannot readily understand or communicate because of a hearing, speech or other impairment. The appointment is the court's duty rather than something that has to be requested.
Reciprocal discoveryThe defendant's duty to provide the state the same categories of material, triggered by having demanded discovery in the first place.
ReplevinA civil action to recover specific property from whoever is holding it. Where a hardship petition is not filed in time or is not granted, it is one of the routes the forfeiture chapter leaves open.
Reviewing officialThe person a private citizen's charging affidavit goes to for review. A judge of a court of record, the prosecuting attorney or the attorney charged by law with prosecution there, or a magistrate.
School safety zoneA school building, the premises of a school, a school activity and a school bus. The zone is what the offence attaches to rather than the building alone.
Sealing and expungementStatutory routes to restrict or destroy the record of a case. Sealing closes the record to most viewers; expungement is the destruction of it. Eligibility depends on the offence and on time elapsed.
Search incident to arrestA search of the arrested person and the area within their reach, permitted automatically on a lawful arrest to protect officers and preserve evidence.
Serious offenseAny felony, and any misdemeanour whose penalty includes confinement for more than six months. A jury is the default here, and letting it go takes a written, signed, filed waiver made in open court.
Speedy trial timeThe number of days Ohio gives the state to bring a person to trial, counted from arrest or service of summons. Thirty for a minor misdemeanour, forty five, ninety, and two hundred and seventy for a felony.
TollingA period that pushes the trial deadline out rather than counting against it. Section 2945.72 lists them, and several belong to the accused, including a continuance granted on their own motion.
Triple countEach day a person is held in jail in lieu of bail on the pending charge counts as three days against the speedy trial count. It turns a felony's two hundred and seventy days into ninety.
Under colour of state lawThe condition that makes a federal civil rights claim available. Somebody exercising power they have because of their public office, whether or not they were following the rules of that office.
Unit doseA single measured quantity as prepared for use. For some substances the tables run on doses as an alternative to weight, and whichever tier is reached first applies.
Unruly childA category a juvenile court adjudicates, defined to include a child who does not submit to the reasonable control of a parent, teacher, guardian or custodian by reason of being wayward or habitually disobedient, a habitual truant, and a child whose behaviour endangers health or morals.
Weapons under disabilityA separate felony for possessing a firearm while in one of the listed categories, which include certain convictions, certain pending indictments, and certain findings.