Understanding your rights in the criminal justice system

By Cornelia Grace Harrison News-Herald Reporter

Many Americans have little contact with the criminal justice system and, ideally, would like to keep it that way.

However, if you were to find yourself at the defendant’s table in the Harrison County courthouse, it would be valuable to understand what might happen next.

The court of Common Pleas begins weekly, generally each Tuesday morning, when many accused of felony crimes sit before Judge T. Shawn Hervey.

But this isn’t where a defendant’s story begins. Typically, it begins with an arrest or a police report.

An arrest is usually straightforward. Most people have

County Court

Criminal/Traffic

Violations

• 26 speeding violations, three OVI, one lack of physical control, one petty theft, one dogs at-large, two driving under suspension, one domestic violence, one disorderly conduct, one registration violation, one marked lanes violation, and one violating a protection order.

Civil Credit News

• June 1 (judgment date)

Plaintiff D.S.V. S.P.V. 2 LLC vs Defendant Brian L. Mansfield.

Cause of Action: Eviction. For: In favor of plaintiff.

• June 26 (judgment date)

Plaintiff Scott Birney vs Defendant Tiffany Stillwagon. Cause of Action: Eviction/Rent. For: In favor of plaintiff.

Recorder

June 26-30

• Timothy L. Talbott, et al, to Faith E. Dower, Moorefield Twp.

• Ben Ray Hershberger, etux, to AB Acres LLC, Nottingham Twp.

• Daniel D. Troyer Jr., etux, to Michael Braker, et al, Free- seen arrests on TV shows or in movies. A crime is committed and a police officer takes the person into custody. Then the person sits in jail until the trial begins.

While that is one option, it is not the only route to gaining a criminal history. Sometimes, a person is released at the scene, but later indicted based on the police report that was sent to the county prosecutor and then to a grand jury. The prosecutor represents the state of Ohio in criminal proceedings. Harrison County’s proesecutor is Lauren Knight, and she personally handles all the felony cases for the county.

According to Cornell Law School, “An indictment formally charges a person with a crime. During an indictment

Public Record

port Twp.

• Eric S. Zalenski, et al, to Tori M. Nest, et al, Cadiz Village.

• Jennifer L. Hermann, dec’d, to David T. Hermann, Athens Twp.

• Gwendolyn Ruth Stewart, dec’d, to Robert L. Stewart, Rumley & Archer Twps.

• John’s Lawn LLC to Cadiz Volunteer Fire Company, Cadiz Village.

• Stacy B. Beamer, dec’d, to Donald W. Beamer, North Twp.

• Jack N. Marshall to Austin Marshall, Shortcreek Twp.

• Mark W. Rogers to Phillip J. Rogers, Freeport Twp.

• John Kenneth Bickerstaff, dec’d, to Deborah Deanna Geanangel, et al, Green Twp.

• James E. Sabol, dec’d, to Deborah J. Sabol, Scio Village.

Marriage Applications

• Donald Neal Jones III, 55, Jewett, and Stephanie Jo Carter, 54, Jewett.

• Kaitlyn Christine Edie, 23, Urichsville, and Jared Michael Shutt, 23, Urichsville.

• Megan Nichole Kelley, 22, Cadiz, and Nathaniel Lee Maykowski, 26, Cadiz.

SHERIFF’S OFFICE

• June 2 – Deputies responded to a domestic dispute in Cadiz. Parents were concerned about their son, who had recently stopped taking medications for his mental health and was allegedly acting irrationally. No physical altercation was reported, but proceeding, a grand jury determines if there is adequate basis for bringing criminal charges against a suspected criminal actor.”

The defendant is served their indictment usually through the mail unless they are still in custody. The indictment must be served with at least 24 hour notice before their arraignment, which is generally the next step.

An arraignment is the formal reading of charges against a defendant. 24-hour notice can be waived if the defendant chooses, this happens quite often and Hervey is used to giving the same explanation many times, “Whether we do an arraignment today, tomorrow, or a year from now, it’ll all be the same thing. We explain the son had made threats to commit suicide. Speaking with deputies, the son was upset about several things, including a letter that had been sent to him anonymously. When asked what day he received this letter, the son said he had gotten it 10-15 years ago. Deputies determined that it would be appropriate to pink slip the son to have him evaluated since he had threatened to harm himself. Medical personell transported him to the hospital. Per request of the parents on scene, all firearms were seized from the residence. the charges, constitutional rights, the potential penalties, and make a plea,” he said.

• June 6 – A man came to the station to file a report on damage done to the concession stand in Hopedale. No merchandise or property was taken, but a hole was punched into the awning.

• June 6 – The owner of a towing company reported that a male had entered his property and took items from a truck. He believed it was the truck’s owner who had done so. A deputy made contact with the truck’s owner and the male admitted to going onto the property and taking things out of his vehicle. He claimed he had called the towing company and arranged to get his things, but when he showed up at the agreed upon time, no one was there. He took it upon himself to go to his truck without supervision. The towing company owner said that as long as the male came to take care of the bill and apologize then he wouldn’t press charges. He contacted the Sheriff’s Office two days later and said he wanted to press charges for trespassing.

• June 7 – Deputies were dispatched in Cadiz for a neighbor complaint. A woman said that her neighbor was playing loud music from his vehicle. She said this had become a regular occurrence.

Hervey also has a basically memorized speech which he shares with every defendant to give them a rundown of what their rights are during the justice process.

“You have the following constitutional rights,” he always begins, speaking directly to the defendant. “You have the right to a trial by jury of 12 persons, all 12 persons must find you either guilty or not guilty, the verdict must be unanimous. You have the right to require the state of Ohio to prove their charges by proof beyond a reasonable doubt as to each element of each charge. You have the right to cross examine or question any wit-

The deputy could hear the music as he was speaking with the woman. The woman also said the neighbor had an argument with some new tenants earlier in the day. The deputy spoke with the neighbor who agreed to turn the music down. When asked about the argument earlier, the neighbor explained the tenants had been blocking his driveway, but it hadn’t been an issue. He had just wanted to make them aware they were blocking him in. The deputy cleared the scene without incident.

• June 10 – On routine patrol, a deputy pulled over a speeding vehicle and noticed the driver seemed nervous along with the smell of marijuana. The driver admitted to speeding and then gave consent to search the vehicle. A baggie of suspected marijuana was found and destroyed. The driver did not have a valid license so was dropped off at his parent’s house until he can have a valid driver pick up his vehicle.

• June 12 – A male came to the office to report that he had about $10,000 removed from his bank account. He had received two calls from what he believed to be his bank telling him he had fraudulent charges. However, he never got a new bank card in the mail. When he checked his bank statements, he saw that thousands of dollars had been moved between his savings and checking and then withdrawn. The report will be forwarded on to detectives.

• June 15 – A man made a report that his credit card had fraudulent charges on it. There was a charge for cable, Boost Mobile, and a charge at a municipal courthouse. The man called the courthouse and got a name but they wouldn’t share any additional information apart from advising him to file a police report. The report nesses presented against you. You have the right to subpoena witnesses to come to court to testify for you. You have the right to remain silent and your silence cannot be held against you.” He always ends with the same question for the defendant, “Do you understand those rights?” will be forwarded to the proper police department.

A judge must take his or her job seriously and part of that job is to make sure that everyone understands the process. If a defendant doesn’t understand what is going on, the judge can take some time to explain things again.

Although going through the justice system, especially as a defendant, can be confusing and stressful, it is important to remember that one can always ask questions and learn more.

• June 16 – Two deputies traveling on state Route 151 spotted a vehicle that was not maintaining proper following distance. They turned around to initiate a traffic stop, realizing the vehicle had quickly turned onto County Road 50. The registration came back to a suspended owner. The two occupants cooperated and both were found to have suspended licenses. Verbal permission was given to search the car and a marijuana smoking device was located in the passenger side door. The driver admitted to owning the drug paraphernalia and was cited for the offenses.

• June 18 – A deputy in Scio responded to a report that someone had tried to break into a home. The resident said that a male about 5’10” between 25-30 years old, wearing dark clothes, was seen trying to get into their front door. As she approached, the subject ran away toward the bridge. The lock on the basement was broken and the front door was jammed. The deputy checked the area, but did not find the subject.

• June 22 – A deputy pulled over a truck with a loud exhaust. The driver provided a valid license and the three passengers provided names and dates of birth. The driver said they were coming from Akron and gave consent to search the vehicle, saying there was nothing illegal inside. When the front-seat passenger got out, the deputy noticed a straw like object on the floor by her feet that appeared to have residue on it. In her bag on the seat, she had a small baggie with a crystal substance, as well as snorting straws and foil with burnt residue on it. In the back seat, a bag was found to contain suspected meth residue. Other paraphernalia was located throughout the truck. The crystal substance was less than bulk amount so no arrest was made. The baggie was tested at the Sheriff’s Office and the test indicated it was fentanyl.

• June 24 – A truck with no visible license plate was pulled over in Cadiz. The driver explained there was a temporary tag, which the deputy saw at that point. A license plate, temporary or permanent, must be visible at all times. Since the driver was a known drug user, the deputy asked if there was anything illegal in the truck. The driver said there was not and agreed to a search. The driver was also given a pat down and he had a metal pill container with a crystal-like substance inside. When asked what it was, the driver admitted it was meth. He was arrested and the truck was towed.

• June 27 – Deputies responded to a residence about a male discharging a firearm. The caller said the male had come over to the house uninvited, claiming he needed to be paid for work he’d done. The male became agitated and began banging on the front door. After being told to leave, he walked around the side of the house and fired the gun before he left the area. The caller didn’t want to press charges, but wanted the incident documented. Deputies made contact with the male who had a revolver in his possession. The male said he didn’t have the weapon when he’d gone over to the house. He admitted to being agitated about not being paid, but only banged on the door before leaving. The firearm was seized pending a criminal history review.