TEENAGER RECEIVES 31-YEAR PRISON SENTENCE

38-Yeard Old Franklin Indicted In Death of Pedestrian

Death Penalty Indictment in Gang-Related Double Homicide

Prosecutor's Office Reduces Budget

Sean Warner Sentenced to 13 Years for Aggravated Robbery

Upon returning a completed "Victims' Rights Notification Response Form", you or a representative designated by you, will receive notices from the prosecutors office informing you of the status of the case in which you were a victim of a crime. You will receive notices advising you of different types of hearings explained below.

1. ARRAIGNMENT

The defendant is brought before the judge to enter a plea of guilty or not guilty. If he/she cannot afford an attorney to represent him/her, the Court will appoint one. The matter of bond, which insures a defendant's appearance at all hearings, is decided by the Court.

2. PRETRIAL

Only the lawyers and the judge are present for pretrial which is held in the judge's office. The Court may inquire as to any legal issues that need to be resolved prior to trial, such as a motion to suppress any evidence intended to be offered by the Prosecuting Attorney. The Court will also discuss the length of any proposed trial and if there are any possibilities for a plea. Many nonviolent cases are disposed of at pretrial. Any discussions of a possible plea or sentencing would usually be discussed with the victim prior to acceptance of same. We want and need your input to attain the goals of the victim, if at all possible.

3. PRETRIAL HEARINGS

Ohio Rules of Criminal Procedure provide that certain defense objections or requests must be determined before trial by motion. Typical examples of this are a motion to suppress evidence where the defense alleges that we should not be allowed to use certain evidence/ testimony. Such notions usually require a hearing at which the prosecutor and the defense will present evidence to the court, and legal arguments are made by both sides. These hearings are open to the public, and victims or their representatives may generally observe unless they are also witnesses (see "separation of witness" as discussed later under "TRIAL"). Due to the legal nature of the issues at pretrial motions, a victim is not entitled to any input at this stage, although it is important for a victim to be informed of these hearings and their outcome.

4. TRIAL

This proceeding is when evidence pertaining to the case is presented to either a jury or to the judge. Victims and their witnesses are generally excluded from the trial due to a motion for "separation of witnesses". This is to prevent a witness from hearing what another witness has testified to and being influenced by hearing their testimony. However, if any family members, relatives, or friends wish to attend the trial, they certainly have the right to do so. A trial is a hectic time for a Prosecuting Attorney, and he/she will likely have little time to confer with you during the trial. A Victim/Witness Advocate will keep you informed as to the status of the trial.

5. PLEA

A plea indicates that the defendant is going to plead guilty to charges. He may plead guilty as charged, or to some different charges. You have the right to be present at any plea. Unless there is a mandatory sentence, a defendant is generally referred for a pre sentence report. Therefore, attendance at a plea by a victim is generally nonproductive. The most productive time for a victim is in answering the questions of the probation officer during the pre sentence period. You will be sent a from so that you can tell the Court in your words what has occurred, any damages you have suffered, as well as your opinion as to what should happen to the defendant. Although you have the right to be at sentencing, and may be allowed to address the Court, in some cases the judge has little discretion as to the sentence. Therefore, it is crucial or you to give as much information to the Probation Department as you can. The Probation Department's recommendation is important to the Court.

6. SENTENCING

Except in the case of mandatory sentences, sentencing is up to the Court within general guidelines. Sentencing occurs in open court and you have the right to be present. The Court generally asks the prosecution if it has anything to say concerning sentencing. At that time, the Prosecuting Attorney also notifies the Court that the victim is, or is not present and may wish to make a statement. You can choose to give the judge a written statement. Thereafter, the defendant and the defense attorney are given the opportunity to say anything in mitigation of sentence. The Court then issues its decision as to the sentence to be served by the defendant.

7. APPEAL

The defendant may file an appeal, generally within thirty days after sentencing, to the Court of Appeals. Legal briefs will be filed by both sides, and the 3-judge appellate court may (but does not always) have the defense and prosecution make oral arguments in a public hearing, after which the court will issue a written opinion affirming the conviction or reversing it and ordering further proceedings. Victims will be advised of these appeals and decisions when they arise.