By Jeff Perry
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June 20, 2016
Facing a criminal charge on your own is scary; facing a criminal charge with an attorney by your side can make the process less frightening. Criminal charges range from low-level misdemeanors to high-level aggravated felonies. Having a criminal charge on your record can be detrimental to many aspects of your life, including finding a job, finding a place to live, and even to your Constitutional right to possess a firearm. As someone facing a criminal charge, it is important to have a clear understanding of the criminal justice system, and to understand the entire process; from arrest through the final disposition of your case. The first thing that happens, generally, is an arrest. Often times the police will arrest you at the scene of the alleged crime. Other times the state will issue a warrant for your arrest, based on facts alleged against you. If you have a warrant issued for your arrest, it is best to consult an attorney before turning yourself in, in order to decide the best plan of action for your case. After you have been arrested, you will be brought to the local jail or courthouse. There you will be placed in a holding cell. You have the Constitutional right to be seen by a judge within a certain amount of time, post-arrest. Certain crimes will go in front of what is called a grand jury, which is a secret process where select individuals decide whether the state will charge you for the alleged crime, and what charges to bring based on the facts of your case. The next step is an arraignment, which is essentially the first step to getting your case resolved. At your arraignment you’ll appear in front of a magistrate or judge who will listen to your attorney (or public defender) as they present your credentials and community ties to the court. The judge will weigh several factors, including past criminal history, the severity of the charge, threat of danger to the community, the likelihood of you fleeing the jurisdiction, and so on. Based on these circumstances, and based on a scale set by the state, the judge or magistrate will set bond. There are several types of bond, but the most common types are recognizance and surety bonds. A recognizance bond (also referred to as R.O.R.), means you’ll be released on your signature, and you will not owe any money for bond, unless you fail to appear for a future court date. Recognizance bonds are usually reserved for misdemeanors and lower level felonies, or for individuals with a relatively clean prior criminal history. A surety bond is a surety (someone paying your bond) promising to pay the court if you fail to keep up your end of the bargain (aka you skip town and fail to show up for your next court date). If the judge sets a surety bond, you will likely have to pay 10% of the total amount to get out of jail. However, in 2014 the Supreme Court of Ohio found that courts also must accept a surety bond with 0% down. Typically, if your surety bond is set at $100,000, you or a bail bondsmen will need to pay the court $10,000 before you’ll be released. Bond companies are available to help you or your family sort out the details and put up a bond. Bonds can range from as little as $500 to $1.5 million or higher. After your arraignment, if you haven’t done so already, you’ll need to hire an attorney. You might also check to see whether you qualify for a Public Defender at no charge. Only certain individuals who fall below a certain income will qualify for Public Defender representation. If you’re above the set income level, you have the choice to hire an attorney or to represent yourself, also referred to as “pro so.” It’s highly advisable to have an attorney help you, as a good lawyer will protect your rights, advise you, and advocate for best interest. Attorneys have relationships with prosecutors and judges, and can help you obtain the lesser of a recommended sentencing. Often, a good lawyer makes the difference between acquittal and time in prison. After you’ve been arraigned, and after hiring an attorney, the court will set a date for pre-trial. At pre-trial, your attorney will discuss your case with the prosecutor. You’ll also likely be offered a plea bargain, in exchange for a guilty plea. The prosecutor will usually offer a “deal” to save time and expense for both the court and the taxpayers. If you are in fact guilty, accepting a plea deal might also save you time; time that might otherwise be spent in jail awaiting trial. Accepting a deal also eliminates uncertainty, since you’ll know the punishment in advance. If you decide not to accept a plea bargain, or if the prosecutor doesn’t offer a deal, then the court will set a date for trial. Unless you waive the right, you have a Constitutional right to a speedy trial. This right means the court must get you in front of a judge and jury (if you choose a trial by jury) within a limited time. At trial, which can be either a bench trial or jury trial, the prosecution bears the burden to prove their case beyond a reasonable doubt. In the criminal system you’re innocent until proven guilty. That standard means you don’t necessarily have to prove your innocence; rather it’s the State who must prove the charges alleged. After trial, the judge or jury will find you either guilty or not guilty. If found not guilty, you will be free to go. If found guilty, the court will impose a sentence. Sentencing may be handed down the same day, or the court may set a date for a sentencing hearing. Judges frequently include probation, to encourage compliance on threat of extended jail time. This article offers only a brief glimpse of the criminal process. If you face a criminal charge, it’s important to gain a thorough understanding of the specific allegations and circumstances of your case. You have rights, and you should consult with a lawyer to preserve those rights. Criminal charges are very serious, but with a proper understanding, and with an attorney on your side, criminal charges don’t necessarily have to be so detrimental to your future.