FELONY  & MISDEMEANOR PROCEDURES

Felony:  An offense where the potential term of incarceration can exceed one year.   Felony sentences may be ordered to be served concurrently or consecutively.

     Under our criminal justice system, a person is entitled to an initial appearance following his arrest when bond is set and the opportunity to contact an attorney is made available.  Following this procedure, a Preliminary Hearing is held within ten (10) days to determine whether to maintain the charge against the accused.  Some jurisdictions do not conduct Preliminary Hearings. 

     If the judge determines at the Preliminary Hearing that probable cause exists, the case goes to the Grand Jury for further review.  The Grand Jury must act within sixty (60) days of the Preliminary Hearing. 

     If the Grand Jury finds sufficient evidence to sustain the charge(s), it will issue an indictment meaning that the defendant must formally answer the charge(s) in the Court of Common Pleas.  If the Grand Jury finds insufficient evidence to sustain the charge(s), it will issue a dismissal of the charge(s).  The Grand Jury may return the original charge(s) on which the accused was arrested, or it may change the charges by increasing or lessening them. 

     If the Grand Jury issues an indictment, the defendant must formally answer to the charges at an arraignment in the Court of Common Pleas.  At this short hearing, the Court sets a pre trial hearing date.  At the pre trial hearing, the judge, prosecutor and defense attorney discuss the merits of the case and whether it may be resolved without a trial.  If the case cannot be resolved at the pre trial hearing, the Court sets a trial date.  Under Ohio law, if a defendant is held in jail and cannot make bond, the Court must have the trial within ninety (90) days of arrest.  If the defendant is out of jail on bond, the Court must have the trial within two hundred seventy (270) days of arrest, unless the accused executes a time waiver.

     If a case goes to trial, the defendant has the option of having the judge, or a jury, hear the evidence.  If the defendant is found "not guilty" at trial, all charges are dismissed.  If the defendant is convicted at trial, the judge may order a pre-sentence investigation, which is done by the Probation Department to determine the appropriate sentence.  A criminal conviction may affect one’s right to vote, to serve on a jury, to hold public office, and their right to own/possess firearms.  A conviction may also adversely affect one’s credit rating. 

     Certain crimes, like Domestic Violence, can be enhanced if repeated; prior convictions can cause future charges to be more severe and can lead to harsher sentences.  If a person is convicted and sentenced to prison, the Adult Parole Authority may monitor their movements after release under what is known as Post Release Control (formerly called Parole).

     If a defendant is convicted, by either a judge or a jury, they have the right to appeal the conviction.  However, the appellate process is a lengthy one, and the Court of Appeals rarely overturns a conviction. 

FELONY SENTENCES

Maximum Fine

First (F1)

Definite term of 3,4,5,6,7,8,9, or 10 years

$20,000

Second (F2)

Definite term of 2,3,4,5,6,7 or 8 years

$15,000

Third (F3)

Definite term of 1,2, or 3 years

$10,000

Fourth (F4)

$5,000

Fifth (F5)

Definite term of 6,7,8,9,10,11, or 12 months

$2,500

NOTE:  Certain crimes, aggravated murder for example, carry special penalties.  Certain factors, such using a gun to commit an offense, allow for enhancements to the penalties listed above. 

This list is intended to provide general information on potential felony sentences – it is not exhaustive.
 

Misdemeanor: An offense where the potential term of incarceration does not exceed one year.   Misdemeanor sentences may be ordered to be served concurrently or consecutively.

     The procedure for misdemeanors starts with arrest or citation, followed by an arraignment, and then the setting of a pre trial, which is an informal conference between the prosecutor, Judge and me.  We discuss the merits of the case and suggest possible resolutions of the case.  This resolution may take the form of a dismissal of the charges, a plea to the charge(s) or a plea to a lesser charge(s).  If neither of these options are exercised, the case is set for trial, usually four to six weeks later.

MISDEMEANOR SENTENCES

Maximum Fine

First (M1)

Second (M2)

Third (M3)

Fourth (M4)

Minor (MM)

NOTE:  Certain crimes, such as drug offenses, carry additional penalties (mandatory driver’s license suspension) not listed above.    

This list is intended to provide general information about potential misdemeanor sentences – it is not exhaustive.