Typically, felony prosecutions in Montgomery County are handled in the
following manner:
1) GRAND JURY
Felony charges are files by a local police department
and must be approved by a prosecuting attorney. According to the Ohio
Constitution, all felony cases must proceed to the Grand Jury unless waived by
the defendant. Cases reach the Grand Jury either by way of a preliminary
hearing or by direct presentation to the Grand Jury without a preliminary
hearing.
The preliminary hearing is set in the municipal or
district court where the crime occurred. Testimony is presented by the
Prosecuting Attorney. The defendant is present and the defense attorney
is allowed to question witnesses. If the Judge finds 'probable cause',
the case is sent to the Grand Jury.
The Prosecuting Attorney may present a case 'direct' to
the Grand Jury without having a finding of 'probable cause' at a preliminary
hearing. Neither the defendant nor the defense attorney has a right to
be present in the Grand Jury hearing. If at least 7 of the 9 Grand Jury
members find 'probable cause', a 'true bill of indictment' is issued charging
the defendant with the crime(s) for which he will be prosecuted. If the
decision is not to indict, a 'no true bill' is reported by the Grand Jury and
the case is dismissed.
2) BILLS OF INFORMATION
In certain cases, a defendant may give up his right to
have his case heard by the Grand Jury and agree to the filing of a 'bill of
information' which is a charging document used in place of an indictment.
Witness testimony is not required to file a bill of information.
3) PRE-TRIAL PROCEEDINGS
Once an indictment or a bill of information is issued,
the defendant is ordered to appear for an arraignment at the Common Pleas
Court. Generally, at the arraignment, the defendant enters a plea of not
guilty. Later, the defendant appears in court for a scheduling
conference. At that time, the defendant pleads guilty or a trial date is
set. Before the trial date, various motions may be filed which may
result in hearings requiring testimony. These may include motions to
suppress evidence, confessions or identification or motions to determine the
defendant's mental competency to stand trial.
4) THE TRIAL
If a case proceeds to trial, the defendant is presumed
innocent. The prosecuting attorney must prove his guilt beyond a
reasonable doubt. A finding of guilty or not guilty requires a unanimous
verdict of 12 jurors. Some defendants choose to have a trial to a judge
instead of to a jury.
5) SENTENCING
Once the defendant enters a plea of guilty or a
conviction is obtained, the court will proceed to sentencing and may order a
presentence investigation report which is completed by the Adult Probation
Department. This report must include input from the victim(s). At
sentencing, the judge sets terms of incarceration. In some cases, the
defendant is placed under community control sanctions. A convicted
defendant may seek to have his sentence reduced or his conviction overturned
by filing a variety of appeals or petitions. The prosecuting attorney
will oppose any such appeal or petition.
6) THINGS TO KEEP IN MIND
The victim or the victim's representative and a support
person may be present at any proceeding in open court unless the court
determines that exclusion of the victim is necessary to protect the
defendant's right to a fair trial.
Change in scheduling or delays can and frequently do
occur. Every attempt will be made to notify the victim of these changes.
All defendants have a right to a 'reasonable' bond.
Judges set bonds and may reconsider the bond amount at any stage of the
prosecution. Currently, legislation is awaiting the Governor's signature
which will allow judges to deny bond.
