A felony is a serious criminal charge, which is defined in terms of possible punishment. The Ohio Revised Code (ORC) defines a felony as any offense where imprisonment for more than one year may be imposed. The first step in the criminal court process is called an initial appearance. Usually, this is the first time the defendant appears in court. The defendant then enters a plea of “GUILTY,” “NOT GUILTY,” or “NO CONTEST.” Ordinarily your attorney will then enter a plea of “NOT GUILTY” on your behalf. If a “NOT GUILTY” plea is entered at this initial appearance, the case will then be scheduled for Grand Jury report date which is usually set no later than 10 court days after the initial appearance. If the Grand Jury indicts you, then you will be arraigned upon the indictment in Room 585 of the Hamilton County Courthouse. The case then moves to a trial court where the defendant is once again arraigned; however, this time a trial date is set. Generally speaking, the trial has to occur within 60 days from the date of this new arraignment, although felony cases frequently require more time so that the defense can conduct a complete, independent investigation, interview witnesses, consult with expert witnesses, and sift through all of the evidence presented by the Prosecutor. The defense attorney may also make various motions in order to get the case dismissed on legal grounds, such as a motion to get certain evidence thrown out of court because the police acted improperly when seizing this evidence, or a motion to dismiss because the evidence presented at the preliminary hearing was not strong enough to warrant a trial. The defense might also make motions to force the Prosecutor or the police to disclose other pieces of evidence which could prove that the client is not guilty of the charge. While the case is ongoing, the defendant may decide he or she does not want to go to trial but wants to settle the matter. Just as often, a Prosecutor might offer the defendant a case settlement, referred to as a “plea bargain,” to plead guilty to a less serious charge or agree to ask for reduced incarceration time at sentencing. Settlement may occur at any time, from the first court appearance at the initial arraignment up to, and even during, trial. Case settlement usually involves the defendant pleading “guilty” or “no contest” for an agreed sentence, to an agreed-upon charge, or to a maximum sentence. An adult criminal defendant has the right to a trial by jury. This is where 12 jurors, who are called “the finders of fact,” listen to all the evidence presented by both the prosecution and the defense and decide what is proved and what is not. The judge’s job at a jury trial is to make sure that both the prosecution and the defense adhere to all the rules of evidence when presenting their case to the jury. At trial, the prosecution must try to prove the client’s guilty beyond a reasonable doubt. All 12 jurors must agree in order to either convict or acquit. If the jury cannot agree, a “mistrial” will be declared by the court, and the case may be tried again before a different jury, it may be dismissed, or a case settlement may be agreed by the prosecution and the defense. A defendant can also decide to have a judge hear the case, instead of a jury; this is called a “bench trial.” For this to happen, the prosecution must also agree. In a bench trial, the prosecution still has to prove the case beyond a reasonable doubt, but this time, the judge is the “finder of fact” and must decide whether or not the defendant is guilty, while also making certain that both attorneys are abiding by all the rules of evidence. If a defendant is found guilty, the judge will then impose a sentence.
The possible range of sentence, which is set by various laws, may range from no jail and probation, to imprisonment in the state prison. Sentencing can be a very complex process, depending on the severity of the crime for which the defendant has just been convicted. In the most serious of cases, referred to as special circumstance prosecutions, the defendant faces a sentence of life imprisonment without the possibility of parole, or even the death penalty. If a defendant has been convicted of such an offense, then there is a separate proceeding, called a penalty phase, at which both sides present evidence either in aggravation or mitigation of penalty. The jury determines the appropriate penalty. If the jury determines that the defendant should be executed, the judge still has the power to overrule that determination and to sentence the defendant to life imprisonment without the possibility of parole. However, if the jury agrees that life imprisonment is the appropriate punishment, the judge does not have the power to impose the death penalty. Defendants who have been convicted after a trial have the right to appeal their conviction. This process is started by the trial attorney who, upon request of the client, will file a notice of appeal in the trial court within 60 days of the imposition of sentence. A lawyer who specializes in appeals will then be appointed by the Court of Appeals to represent the defendant on appeal.