Information and Resources for the Accused

• Know your rights: Read the United States Constitution
• East Cleveland Municipal Court—eccourt.com
• Police Department

• Your Rights as an Ohioan Facing Criminal Charges
• The Criminal Justice Process in Ohio
• East Cleveland Municipal Court Probation Department

Cuyahoga County Office of Re-entry —for people who are re-entering society after being incarcerated

Innocence Project—for people who are wrongly accused

Your Rights As An Ohioan Facing Criminal Charges

From “Know Your Rights: A Guide for Ohioans Facing Criminal Charges” by Axelrod and Heller:

Every American citizen is granted certain rights under the United States Constitution. If the police, prosecutors, or anyone else violates these rights during the process, it could lead to serious consequences. These rights include:

The Right to Remain Silent

After you have been arrested, you have the right to remain silent. Any statement can be used as evidence against you. Even those harmless answers could be misconstrued by the police or a prosecutor. During this time, you can politely decline any questions without your attorney by your side. 

The Right to an Attorney

No matter your situation, you have the right to get legal counsel for your case. Even if you cannot afford a lawyer, the court can appoint a public defender to your case. With an attorney’s help, you can ensure your rights are defended throughout the process. 

However, public defenders usually have a lot of clients they are defending. So they are often more likely to suggest that you plead guilty in order to get a lesser sentence, even when you are not guilty. Therefore, if you can get a good private attorney, you should do it. See Innocence Project.

The Right to Due Process

While the first two rights are often common knowledge, many people forget about the right to due process. In short, you have the right to a fair trial. 

With that, you must be notified of the charges against you, have access to evidence, and be able to question witnesses. In some situations, if a person’s due process rights are violated, that could impact the case’s validity. 

Right to a Speedy Trial

Along with the above, you also have a right to a speedy trial under the Sixth Amendment. If there are unnecessary delays, that can weaken a case. For example, witnesses may forget key details, or evidence could degrade over time. This right ensures that your trial takes place over an acceptable period of time. 

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The Criminal Justice Process in Ohio

From “Know Your Rights: A Guide for Ohioans Facing Criminal Charges” by Axelrod and Heller:

Now that you know your rights, let’s examine how the process works in the state of Ohio. There are several steps to the criminal justice process. 

Reporting and Investigation

Whether an officer has witnessed a crime or investigators received a tip, a thorough investigation will take place. Often, you will be interviewed by law enforcement. Remember, you have the right to remain silent and have an attorney present. 

Also, the investigators will use this time to collect evidence and question witnesses. While you may want to help in the process, especially if you feel you are not guilty of the charge, that may not work in your favor. Always reach out to your attorney to determine the best course of action for your case. 

Charging and Indictment

After the investigation, the case is turned to the prosecutor. They will decide whether to file charges. If so, an indictment will be issued outlining the specific charges against you. 

At this stage, you have been officially charged with a criminal offense and will need to attend several hearings on the matter. 

Initial Hearings and Discovery

You will be informed of the charges and your rights at the initial hearing. However, your legal team can now exchange evidence during the discovery phase and start preparing a defense strategy for your case. 

Plea Bargaining, Trial, and Sentencing

Sometimes, it may be beneficial to plea bargain the charges. In these situations, you negotiate a reduced sentence or lesser charge. But if no agreement can be reached, then the case will proceed to trial. Unfortunately, not all trials will go in the favor of the defendant. If that is the case, you could be sentenced to incarceration or probation. However, you do have a right to appeal the decision. 

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East Cleveland Municipal Court Probation Department

From eccourt.com/8.html

Patricia Ivery, Chief Probation Officer
Deidre Lightning-Nelson, Probation officer

East Cleveland City Hall, Ground Floor
14340 Euclid Avenue,
East Cleveland, Ohio 44112

Hours: 8:00 a.m. – 5:00 p.m.
Phone: 216-681-2392
Fax: 216-681-2390

Mission Statement

To supervise defendants/probationers in a professional and courteous manner while holding them accountable for court orders and  compliance with the terms/conditions of probation.

To take a holistic approach in assisting defendants /probationers in becoming productive and viable citizens.

To deter repeat offenses, by providing assistance and network referrals to various social service agencies and job placement resource

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Innocence Project

From innocenceproject.org/our-work:

The Innocence Project
40 Worth Street, Suite 701
New York, NY 10013
Phone: 212.364.5340 
Email: info@innocenceproject.org
Website: innocenceproject.org

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