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Stow OH 44224
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Ravenna OH 44266
Ravenna Phone Number 330.296.8000
 

 

Definitions of Terms Used in Ohio Criminal Cases

Arraignment
Most often a defendant’s first court appearance, in which the defendant is formally asked to respond to the crimes charged, generally by pleading guilty, not guilty or no contest (see the definition below). Sometimes arraignments are done via video conferencing. Often the setting of bail or other conditions of release take place at the arraignment. Additionally, the court may address other issues such as protection orders (in domestic violence cases), vehicle impoundment and license suspension matters (especially in DUI Cases).

Bail
Money paid to the court to ensure that an accused person makes all the required court appearances. If you miss an appearance the money may be forfeited, a warrant issued for your arrest and/or additional criminal charges (Failure to Appear) may be filed.

Bail bond
A guarantee given to a court by a bail bond seller to pay a defendant’s bail should the defendant fail to appear in court. The bail bond seller charges the defendant (or whoever purchases the bond for the defendant) a nonrefundable premium (usually about 10% of the amount of bail) as a condition for making this guarantee.

Complaint
A legal document which formally charges the defendant with a crime. This initial charging document typically must state the identity of the person charged, the date/place of the violation and the statute or ordinance violated.

Continuance
A delay in a scheduled court proceeding. Either side can request a continuance when they want the court to postpone a deadline (or the date of a court appearance). Most often the judge will require the person seeking the delay to sign a time waiver (see definition below).

Defendant
A person who has been formally charged with committing a crime.

Discovery
The procedures used by the defense and prosecution to find out before trial what information the other side has and intends to use if the trial takes place. As a general rule, the defense is entitled to discover more information than is the prosecution (because of the Fifth amendment rule against mandatory self-incrimination). Discovery is regulated by highly defined court rules.

Felony
Serious crime, contrasted with misdemeanors and infractions that are less serious crimes, usually punishable by a prison term of more than one year. Felony convictions carry significant additional punishment, such as not being able to vote and not being allowed to own or possess a firearm.

Indictment
A grand jury's formal written accusation that a person committed a crime. The U.S. Constitution requires the government to obtain indictments for felony charges.

Miranda warnings
A list of warnings that the police give to a suspect who is in custody before questioning the suspect if the police want to use the suspect’s answers as evidence in a trial. The Miranda warnings are not applicable unless all of the above terms are met.

Misdemeanor
Crime less serious than a felony, punishable by no more than 1 year in jail.

No contest plea
A no contest plea is simply an admission of the facts alleged in the complaint. It only benefits you in a situation where someone might sue you for damages, such as personal injury or property damage. If you plead no contest, the judge, in all likelihood, will find you guilty unless the complaint itself is defective. If you suspect that your complaint is defective, consult an attorney immediately.

Plea
The defendant’s formal answer to criminal charges. Typically, defendants enter one of the following pleas: guilty, not guilty or no contest. If you do not enter a plea or are unsure about which plea you want to enter, the judge may enter a not guilty plea for you.

  

Plea bargaining
The negotiation between the defense and the prosecution relating to the settlement of a criminal charge.

Preliminary hearing
A court proceeding in felony cases at the Municipal Court level during which the prosecution must present enough evidence for the judge to justify holding the defendant to answer for the crime(s), or else the case is dismissed. If the case is dismissed, charges may be refiled (without violating the double jeopardy law). In some courts, such as Portage County, the Preliminary Hearing is treated more like a Pretrial conference.

Pretrial conference
A meeting between the prosecutor and the defense attorney before trial to identify undisputed facts, share witness lists or any other required reciprocal discovery and more importantly to try to settle the case (plea bargaining). A defendant usually does not speak directly to the prosecutor since anything a defendant says can be used against him/her in court.

Probable cause
Reasonable basis or justification for certain actions by the police that occur early on in the criminal process. Probable cause is more than a mere hunch but not so much as to be convinced beyond a reasonable doubt, the greater standard for conviction at trial.

Prosecutor
A lawyer who works for the government to bring and litigate criminal cases. Sometimes referred to as a D.A. (District Attorney).

Statute of limitations
The legal time limit in which criminal charges can be filed against a defendant for a particular crime. A few crimes such as murder do not have a statute of limitations, and the statute of limitations for criminal acts against children typically is much longer than for crimes against adults. The level of the crime determines the applicable statute of limitations, although most are two years or longer.

Subpoena
A court order compelling someone to appear in court, sometimes with documents.

Trial by judge
The right of a defendant to have guilt/innocence determined by a judge. Often referred to as a bench trial. In most misdemeanor cases you will get a bench trial unless you formally request a jury trial in advance. In felony cases you automatically get a jury trial unless you waive it and request a bench trial instead.

Trial by jury
The right to have your guilt/innocence determined by a jury. This right must be formally and properly requested in most misdemeanor cases, but is automatic in felony cases. For criminal cases the jury consists of 8 people on misdemeanor charges or 12 people on felony charges plus alternates. In a jury trial a guilty verdict must be unanimous.

Motion to Suppress
A document filed in a criminal proceeding asking the judge to determine whether or not certain evidence such as statements, tests, physical items, etc… can be used against a defendant in the case. Also used to contest whether or not an officer had sufficient legal justification to stop, arrest or search the accused person.

Time waiver
Permission given by the defendant for the court to schedule the case without regard to the statutory time limits for the setting of cases. All cases have to be brought to trial within strict time limits, depending on the level of the crime charged. For example a lower level misdemeanor may have to be brought to trial within 30 days. It is usually beneficial to the defendant to waive this requirement, so as to allow time to obtain an attorney, schedule a pretrial conference, locate witnesses, prepare for trial, etc...

Warrant
Order from a judge or magistrate authorizing the police to arrest someone (arrest warrant) or to search a particular location for evidence (search warrant).
 

If you need the assistance of an experienced criminal defense lawyer in Portage County, Summit County or Medina County, or elsewhere in Northeast Ohio, contact Attorney Dan Weisenburger right now at 330-296-8000. Attorney Weisenburger routinely defends criminal charges in the following courts:

  • Portage County, Ohio: Ravenna Municipal Court, Kent Municipal Court, Portage County Court of Common Pleas, Portage County Juvenile Court.
  • Summit County, Ohio: Akron Municipal Court, Stow Municipal Court, Summit County Court of Common Pleas.
  • Medina County Ohio: Medina Municipal Court, Wadsworth Municipal Court, Medina Court of Common Pleas.
  • Trumbull County, Ohio: Newton Falls Municipal Court, Warren Municipal Court.
For a list of jurisdictions served by the municipal courts and county courts in Portage County, Medina County, Summit County and Trumbull County, click on the arrow.
All crimes in Ohio are strictly defined by law. For a list of definitions of the most common felony and misdemeanor offenses, click on the arrow.
Disclaimer: The ohiocrimelawyer.com website is designed for general information only. Any information on this site is not to be construed as formal legal advice on criminal or DUI defense, nor formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek personal advice regarding their individual legal issues.
Copyright © 2007 Dan J. Weisenburger. All Rights Reserved. Last Modified: February 23, 2009 2:11 PM