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.
Two things a person in this spot might do. Picking one shows what the law says about it.
Timing that varies by county and with weekends and holidays, the eligibility list for intervention in lieu, the individual offense statutes that override the general sentencing scheme, competency and the insanity defense, 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 offense 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
17 words · tap one for its definition
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
Show all 17 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.
- 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.
- 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.
- Intervention in lieu of convictionA statutory route where a court may stay the case and order treatment for an eligible defendant whose offense was related to a substance use disorder. Successful completion results in dismissal.
- 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 offense and on time elapsed.
- 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.
- DegreeThe classification every Ohio offense carries, from minor misdemeanor up to felony of the first degree. The degree sets the available range before anyone looks at the facts.
- Major drug offenderA specification attaching at the highest quantity tier of a drug offense. Where it applies, the court is required to impose the maximum term for the degree.
- 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.
- 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.
- CustodyFormal arrest, or a restraint on freedom of movement of the degree associated with a formal arrest. It is the condition that, combined with questioning, triggers the Miranda warnings.
- 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 misdemeanor, forty five, ninety, and two hundred and seventy for a felony.
- 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.
- Postconviction reliefA petition in the court that imposed sentence asking it to vacate or set aside the judgment or sentence, filed no later than three hundred sixty five days after the trial transcript is filed in the direct appeal, or after the time to appeal expires where there is no appeal.