Complaint Affidavit Against Police Officer - PowerPoint

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					Oberlin Municipal Court
    YOUR RIGHTS IN COURT
“To us this may be just another day at the
office. For the participants it is perhaps
the single most important event in their
life. Endeavor to treat every case with the
utmost care and attention whether a
simple traffic violation or a serious
allegation of wrongdoing, whether a small
claim or a claim for the maximum
monetary jurisdiction of this Court.”

Thomas A. Januzzi, Judge Oberlin
Municipal Court
          The Arraignment
What is an arraignment?

 It is the first step in a criminal or traffic
 prosecution where the accused appears to
 be informed of the charges and enter a
 plea
      The Charge or Charges
Am I entitled to a copy of the charge or
  charges?
Yes. You should have received a copy of the
  charge or charges from the police officer.
  The charge or charges would be either a
  ticket or a complaint or an affidavit. If you
  did not receive a copy of the charge or
  charges inform a staff member when you
  arrive at court
              The Pleas
What are my options? How should I plead?

There are three pleas that you can make:
(a) Not Guilty

(b) Guilty

(c) No Contest
           Not Guilty

    Not guilty
(a) Is a denial of the charge;
    and
(b) Protects your rights
         You should plead NOT GUILTY if:


1.   You believe you have a defense to the charge;
2.   You wish to speak to an attorney;
3.   You are not sure how you wish to plead;
4.   You believe it would unfair to be convicted of
     the charge against you
A plea of Not Guilty is never held
           against you
A Plea of Not Guilty
protects your rights
We all have a big bundle of rights
            Right to Counsel
The law provides that if a
person is charged with an
offense that has jail as a
possible penalty that the
person is entitled to be
represented by an
attorney of his/her own
choice or an attorney at
the expense of the State
if the person cannot
afford an attorney
            Do I need an attorney?



If a charge against
you has jail as a
possible penalty you
should have an
attorney represent
you. Although you
have the right to
represent yourself – it
may not be wise to do
so.
Even if I think I am guilty should I have an attorney
                    represent me?
 Once again, if jail is a
 possible penalty you
 should have an attorney
 represent you. The
 attorney is a trained
 professional and can help
 you decide what is in
 your best interests. The
 attorney will know if you
 have any legal defenses
 and can speak on your
 behalf on what the
 punishment should be
 even if you are found
 guilty.
       Who determines if I cannot afford an attorney ?
Guidelines are published every year by the Ohio Public Defender’s Office. There
      are two ways to qualify:

(a)   The Ohio Public Defender has guidelines based on household size and
      income. If you are equal to or under the income guidelines for your
      household size – you qualify;
(b)   You may still qualify if your expenses exceed your income – even if you
      exceed the income guidelines.

      Ask the Judge or a court staff member for an application. You will be
      required to state your income and expenses under oath in order for the
      Judge to consider appointing an attorney to represent you. State law also
      now requires that you pay a fee of $25.00 to apply for a court appointed
      attorney. This fee is forwarded to the Ohio Public Defender to defray the
      costs of the operation of the Ohio Public Defender’s office. If you cannot
      even afford the $25.00 you can file a request to waive the application
      fee.
Right to a Trial by Jury or Trial by
               Judge
The law provides if
the crime has jail as a
possible penalty that
we have the right to
have a trial by jury.
                 Demand for Jury Trial

  If you want a jury
  trial you have to
  make a written
  demand and file it
  with the clerk at least
  10 days prior to the
  date set for trial.
[If the possible jail sentence is more
   than 180 days you do not need to
   make a written demand – you will
   have a jury trial unless you sign a
   written waiver of the right to a
   jury trial)
Right to Subpoena Witnesses
If there is a witness in
your case that does
not want to get
involved you can ask
the Judge to order
the person to appear
at your trial. This is
called a subpoena.
Right to Cross Examine Witnesses
We have the
Constitutional right to
confront witnesses
against us. This is
done through cross-
examination of the
witness
      Right to Remain Silent
We have the right to
remain silent at the
trial. It is not our duty
to prove our
innocence. The jury is
instructed that we do
not have to testify.
 Right to have the State prove the
charge beyond a reasonable doubt
 We are presumed
 innocent by the law.
 The Prosecutor must
 prove us guilty
 beyond a reasonable
 doubt. It is not our
 duty to prove
 ourselves innocent.
What happens next if I plead not guilty?
  Will my case be finished today?



 If you plead not guilty – your case will not
 be finished today. Your case will either be
 scheduled for a trial or a pretrial.
  What is the difference between a
         trial and a pretrial?
A trial is what you think
  it is. Witnesses
  testify, evidence is
  presented – you must
  be prepared to
  defend yourself that
  day because that is
  the day it will be
  determined if you are
  guilty or not guilty.
    Then what is a pretrial?
A pretrial is an
informal meeting
between you – or
your attorney – with
the prosecutor.
Information is
exchanged and a
discussion is had to
see if the case can be
finished without the
need for a trial.
Can I still have a trial if I request a
              pretrial?
Yes. By asking for a pretrial
you do not give up your
right to a trial. Your
attorney will obtain copies
of police reports and
witness statements and
discuss with you your
options. If no agreement is
reached you will have a
trial.
What about my right to a speedy
            trial?
You have a right to                    Time Waiver
speedy trial. But in order   I hereby waive the time limits
                             provided by law for scheduling
to have a Pretrial you       this case for trial or hearing - for
must agree to extend the     my convenience and/or to permit
time that the law            me or my attorney time to
                             prepare for the case or to discuss
otherwise would require      this matter with the prosecutor.
the trial to be scheduled.
You will be asked to sign

a Time Waiver   →
       PLEA OF GUILTY
A plea of Guilty is a complete admission of
Guilt. When you plead guilty you are
giving up your opportunity to use your big
bundle of rights including your right to
have an attorney represent you.
What will happen if I plead Guilty?
If you plead guilty
99.9% of the time
you will be found
guilty. The only
decision left for the
Judge will be to
impose a penalty.
    How do I know the possible
             penalty?
Depending on the type of
crime the penalty could
be a fine, community
service, probation,
restitution, license
suspension, vehicle
immobilization or
forfeiture, jail or a
combination of any of
these. The Judge will tell
you the possible penalty
before you enter your
plea. If you do not know
– it is O.K. to ask the
Judge
    Penalties for most misdemeanor crimes
Degree         Fine          Jail         License      Community
                                          Suspension   Service

1st Degree     $0-1,000.00   0-180 days   Depends on   0-250 hours
                                          the crime
2nd Degree     $0-750.00     0-90 days    Depends on   0-250 hours
                                          the crime
3rd Degree     $0-500.00     0-60 days    Depends on   0-150 hours
                                          the crime
4th Degree     $0-250.00     0-30 days    Depends on   0-150 hours
                                          the crime
Minor          $0-150.00     NONE         Depends on   NONE
Misdemeanor                               crime
Unclassified   $0-1,000.00   NONE         Depends on   0-500 hours
                                          crime
                                Misdemeanor - OVI Penalties
No. and Type of       Jail                     Fine        License Suspension            Vehicle Sanction
Offense

1st in 6 years        3 days jail or DIP up    $375.00 -   6 months – 3 years            None
                      to 6 months jail         $1,075.00   No privileges for 15 days
1st in 6 years and    6 days jail or DIP and   $375.00 -   6 months – 3 years            None
either high tier      3 days jail up to 6      $1,075.00   Must have restricted
alcohol or refusal    months jail                          plates
w/ prior offense in                                        No privileges for 15 days
20 years
2nd in 6 years        10 days jail up to 6     $525.00 -   1 year – 5 years              Vehicle immobilization
                      months jail              $1,625.00   No privileges for 45 days     and plate impoundment
                                                           Restricted Plates and         for 90 days
                                                           Ignition Interlock required
2nd in 6 years and    20 days jail up to 6     $525.00 -   1 year – 5 years              Vehicle immobilization
either high tier      months jail              $1,625.00   No privileges for 45 days     and plate impoundment
alcohol or refusal                                         Restricted Plates and         for 90 days
w/ prior offense in                                        Ignition Interlock required
20 years
3rd in 6 years        30 days jail up to one   $850.00 -   2 years – 10 years            Vehicle forfeiture
                      year                     $2,750.00   No privileges for 180 days
                                                           Restricted Plates and
                                                           Ignition Interlock required
3rd in 6 years and    60 days jail up to one   $850.00 -   2 years – 10 years            Vehicle forfeiture
either high tier      year                     $2,750.00   No privileges for 180 days
alcohol or refusal                                         Restricted Plates and
w/ prior offense in                                        Ignition Interlock required
20 years
         The No Contest Plea
                                                         COMPLAINT
No contest means you do not       State of Ohio No. __________
contest, you do not dispute,      /City of Columbus/
                                  v. COMPLAINT
you do not disagree with the      __[name]__ (Rule 4)
                                  __[address]__

information in the ticket or      Complainant being duly sworn states that C.D. [defendant]
                                         at __[place]__, County, Ohio on or about__________,
                                         19___, __[state the essential facts]__ in violation of
complaint – for this case only.          __[state the numerical designation of the applicable
                                         statute or ordinance]__.
                                  ______________________________________________
                                   Complainant
                                  Sworn to and subscribed before me by
                                         ____________________ on __________, 19___.
You agree to allow the Judge            ____________________________________________
                                        _____
to make a decision if you are     Judge/Clerk/Deputy Clerk/
                                  [or]
guilty or not guilty based on      _________________________________________________
                                  Notary Public,
the information and facts in      My Commission expires __________, 19___


the ticket or the complaint
  The No Contest Plea cannot be used against you in another civil or
                        criminal proceeding


For example, if you were involved
   in an automobile collision and
   want to finish this case (the
   charge in the ticket or
   complaint) but you or your
   insurance company wants to
   “defend” or “fight” the civil
   case (the case where a person
   is seeking money from you or
   your insurance company or
   wants to sue you) the no
   contest plea cannot be used
   against you in that case – but
   a Guilty plea could be used
   against you in the other case.
You should plea No
Contest if you want
to finish this case
but want to protect
your right to
defend yourself in
the other case
Do I have to pay my fine and costs today? Should I
plead not guilty if I cannot pay my fine and costs?

  If you cannot pay
  your fine and costs
  today you will be
  given time to pay. If
  you need more than
  60 days to pay your
  fine and costs you
  may be placed on a
  payment plan and a
  fee may be assessed
  for the payment plan.
       FELONY RIGHTS
If you are charged with a felony the
procedure is different than if you are
charged with only misdemeanors.
If you are charged with a felony your case
cannot be completed in the Municipal
Court unless the charge is amended or
changed to a misdemeanor by the
prosecutor with the approval of the Judge.
If you are charged with a felony your case will be
       scheduled for a Preliminary Hearing

 A person charged with a felony must have
 a hearing within 10 days if in jail and 15
 days if not in jail to determine if there is
 enough evidence to continue the case as
 a felony. The hearing is also called a
 probable cause hearing.
       What happens after the hearing?

If probable cause that a    If probable cause is not
felony was committed is     found that a felony was
found then the case is      committed the case is
transferred to the felony   either dismissed or the
court – the Lorain County   case remains at the
Court of Common Pleas –     Municipal Court as a
where the case will be      misdemeanor charge and
heard by the Grand Jury     another hearing will be
to decide whether to        scheduled by the court.
continue the charge or
some other charge.
       What are my rights at the hearing?

You have the right to
remain silent – anything
you say can be used
against you – and you
should not say anything
until you have had a
chance to speak to an
attorney. If you cannot
afford an attorney the
Judge will appoint one to
represent you – if you
qualify.
  The Prosecutor must prove that it is more likely
than not that a felony was committed and that you
                 committed a felony



 The purpose of the preliminary hearing is not to
 determine if you are guilty or not guilty but to
 determine if there is probable cause – more
 likely than not – that a felony was committed.
 What about bond? Am I entitled to
             bond?
In any case you are entitled to a reasonable
   bond. There are two parts to the bond.
1. The Judge must determine the amount
   of the bond that will satisfy the Judge
   that you will appear for your court
   appearances; and
2. The Judge must determine whether you
   have to follow any rules as a condition of
   your release or continued release.
How is the amount of the bond determined?

 The law requires      1.   The nature and circumstances of the
                            crime
 that the Judge
                       2.   The weight of the evidence
 consider factors in   3.   The confirmation of the identity of the
 determining the            accused
 amount of the         4.   Family ties, employment, financial
 bond. The factors          resources, character, mental condition,
                            length of residence, record of convictions,
 include →                  record of appearances at court
                            proceedings
                       5.   Whether the accused is on probation or
                            parole or another community control
                            sanction or under a court protection order
  What authority does the Judge have to give me
   rules to follow if I have not been convicted of
   anything yet? Am I not presumed innocent ?
In 1997 the Ohio               You are still presumed
   Constitution was changed
   so that in the State of       innocent but the
   Ohio we no longer have        Judge may give you
   just “appearance bonds.”      rules to follow as a
The Ohio Supreme Court           condition of bond if
   adopted a rule on July 1,
   1998. The rule provides
                                 the Judge determines
   that the Judge must           the conditions are
   consider the factors for      necessary to ensure
   setting both the amount       appearance or public
   of bond and any
   conditions of the bond.       safety.
   What are the rules [conditions] that the
             Judge can order ?
Criminal       1.   Placing the person in the custody of another
                    person or organization;
  Rule 46(B)   2.   Placing restrictions on travel, association or
  lists the         place of residence;
  possible     3.   Placing the person under house arrest or
                    electronic monitoring;
  rules.
                    Ordering the person to have no contact with
  They
               4.
                    the alleged victim or other persons including
  include →         potential witnesses;
               5.   Requiring a person to attend alcohol
                    treatment;
               6.   Any other constitutional condition reasonable
                    necessary to ensure appearance or public
                    safety
What happens if the Judge gives me rules
  [conditions] and I don’t follow them?


If you fail to appear for
court or don’t follow the
rules a warrant may be

                            WARRANT
issued for your arrest
and/or your bond
changed or revoked
depending on the
violation.
              Questions?
If you have any other
questions about your
rights – it’s O.K. to
ask the Judge or a
staff member. It is
important that you
understand your
rights before you
make your plea
The end

				
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