 General Information
FILING A COMPLAINT
The City Prosecutor's office is open for complaints Monday
through Friday between 8:30 a.m. and 4:00 p.m. The office is located at the Harold K.
Stubbs Justice Center, 217 S. High Street, Room 203, Akron, OH 44308. No
appointment is necessary.
SIGNING A CRIMINAL CHARGE
If a staff member of the Prosecutor's office determines
there is a probable cause to believe a crime was committed, you may be asked to sign a
criminal complaint. The ultimate decision as to whether or not a criminal complaint will
be signed rests with the Prosecutor.
Before signing a criminal complaint, you must swear that
the statement is true. If you intentionally make a false or malicious statement in signing
the criminal affidavit, you could be prosecuted or sued.
COUNSELING SERVICES
Victim/witness counselors from the Victim Assistance
Program and Battered Women's Shelter are available for consultation during complaint
hours. Both agencies also provide assistance on a 24-hour basis. Call 376-0040 for the
Victim Assistance Program and 374-1111 for the Battered Women's Shelter.
ARREST OR SUMMONS
Once charges have been signed, a decision will be made by
the Prosecutor as to whether to issue an arrest warrant or summons. A warrant will be
issued for all felonies. A warrant will be issued for misdemeanors only when there is an
imminent risk of further violence. When a warrant is authorized, the appropriate police
department will attempt to arrest the defendant as soon as possible.
When a summons is sent, the defendant will be notified by
mail when to appear in court. If the defendant fails to appear, a warrant will be issued.
INITIAL APPEARANCE
The first time a defendant appears in court, a judge will
ask the defendant if he understands the charges against him. If charged with a felony, the
judge will automatically enter a "not guilty" plea for the defendant, set a bond
and schedule a date for a preliminary hearing.
If the charges are misdemeanors, the defendant will be
asked to choose whether to plead "guilty", "no contest" or "not
guilty". If he pleads "not guilty", his case will be referred to one of the
six Municipal Court judges for a pretrial.
The victims and witnesses do not need to attend the initial
appearance unless the defendant had been charged with domestic violence.
PROTECTION ORDER
The Prosecutor's Office and Akron Municipal Court do not
issue peace bonds or restraining orders. However, in domestic violence cases only, the
victim may request a temporary protection order. The victim must appear at the initial
appearance of the defendant to discuss this order with the judge.
If the defendant continues to harass the victim or
witnesses, contact the police immediately and the Prosecutor's Office as soon as possible.
PRETRIALS
All misdemeanor cases will be scheduled for a pretrial
conference. During the pretrial, the prosecutor and defense attorney will discuss the case
in great detail. Plea negotiations will occur at this time. All victims and witnesses
should be present.
Felony cases will be handled by the Summit County
Prosecutor's Office after the defendant has been indicted.
DISMISSING CHARGES
The Prosecutor's Office will not recommend dismissal of
criminal charges merely because the prosecuting witness has changed his or her mind. Once
charges are filed, the victim does not have the authority to dismiss the case.
If you have concerns about the ongoing prosecution of a
case, please come to court at the next scheduled appearance and discuss your thoughts with
the prosecutor handling the case.
PREPARING FOR TRIAL
All victims and witnesses should be contacted by a
prosecutor prior to trial. If your trial is approaching and you have not talked to a
prosecutor, please call.
Before trial, you should review all the facts of the case
so that you are totally familiar with what occurred the day of the crime.
JURY TRIAL AND BENCH TRIALS
It is the defendant's right to decide whether or not to
request a jury trial. Misdemeanor trials have 8 jurors; felony trials have 12 jurors. In
lieu of a jury trial, the defendant may select a bench trial in which the judge will
decide the defendant's guilt or innocence.
During jury trials, victims and witnesses are not allowed
to observe the proceedings until they testify.
If you receive a subpoena to testify at a particular time,
please be patient. It is difficult to predict the exact length of court proceedings.
Please notify the bailiff that you are present and you will be called as a witness as soon
as possible.
SENTENCING
The judge will sentence the defendant after he is found
guilty of the crime. In many cases, the judge may delay sentencing so that the Probation
Department may conduct a presentence investigation. If that happens, sentencing will be
delayed approximately 4 weeks.
All victims and witnesses are encouraged to attend the
sentencing. Please notify the staff prosecutor if you have a specific recommendation for
the defendant's sentence.
VICTIM COMPENSATION
Under Ohio law, there is financial help for innocent
victims of violent crime. Contact the Clerk of Courts, Summit County Common Pleas Court
(379-2217), the Victim Assistance Program or the Prosecutor's Office for forms.
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