bankruptcy - Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.

bench trial - Trial without a jury in which a judge decides the facts. In a jury trial, the jury decides the facts. Defendants will occasionally waive the right to a jury trial and choose to have a bench trial.


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brief - A written statement submitted by the lawyer for each side in a case that explains to the judge(s) why they should decide the case (or a particular part of a case) in favor of that lawyer's client.

chief judge - The judge who has primary responsibility for the administration of a court. The chief judge also decides cases, and the choice of chief judges is determined by seniority.

clerk of court - An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.

deposition - An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.

en banc - "In the bench" or "full bench." Refers to court sessions with the entire membership of a court participating, rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases they deem important enough to be decided by the entire court. They are then said to be sitting en banc.

jury instructions - A judge's explanation to the jury before it begins deliberations of the questions it must answer and the law governing the case. Each party suggests jury instructions to the judge, but the judge chooses the final wording.

magistrate judges - Judicial officers who assist U.S. district court judges in getting cases ready for trial. They may decide some criminal and civil trials when both parties agree to have the case heard by a magistrate judge instead of a district court judge.

nolo contendere - No contest. Has the same effect as a plea of guilty as far as the criminal sentence is concerned, but the plea may not be considered an admission of guilt for any other purpose. Sometimes, a guilty plea could later be used to show fault in a lawsuit, but the plea of nolo contendere forces the plaintiff in the lawsuit to prove that the defendant committed the crime.

precedent - A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. Some precedent is binding, meaning that it must be followed. Other precedents need not be followed by the court but can be considered influential.

preliminary hearing - A hearing where the judge decides whether there is enough evidence to require the defendant to go to trial. Preliminary hearings do not require the same rules as trials. For example, hearsay is often admissible during the preliminary hearing but not at trial.

pretrial conference - A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.

voir dire - The process by which judges and lawyers select a petit jury from among those eligible to serve by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."

Judge Michael Ryan Barrett was born and raised in Cincinnati, Ohio and received his undergraduate and Juris Doctor degrees from the University of Cincinnati. He later served as a member of the University of Cincinnati Board of Trustees, including one term as Chairman.

The "complaint" lists the charges or crimes. The arraignment judge also sets your next court dates which are usually for both a Felony Disposition Conference (FDC) and a Preliminary Hearing. Sometimes a felony disposition conference is not set by the court.

At FDC, the prosecutor will tell the judge the facts of the case from the perspective of the prosecutor. In other words, the prosecutor will tell the judge what the prosecutor thinks happened. The prosecutor will often, but not always, make an offer to settle your case without a trial and without a preliminary hearing. The offer is typically in the form of "If the defendant will plea guilty now to the charge we want him to plea guilty to, then at the time of sentencing the prosecution will recommend to the judge that the sentence be as follows...".

During the FDC, your lawyer may correct any misstatements by the prosecutor and also tell the judge true facts about your case or true facts about you personally which your lawyer believes will help your case. The lawyer will not tell the judge your secrets without your permission but the lawyer cannot lie to the judge or mislead the judge.

The FDC judge will then tell your lawyer and the prosecutor what you can expect from the judge, if you accept the prosecutor's offer, at the time of sentencing. Some judges are very specific and will say: "I will send your client to prison for no more than X number of years" or "I will not send your client to prison," or "I will sentence the client to jail for up to 365 days." Other judges may say: "I will not make any promises on this case" or "I need to see a probation report." The person who makes the decision about the sentence you will receive is the judge.

Your attorney is required by law to tell you of the prosecutor's offer. Your lawyer will tell you what the prosecutor's offer was, what the judge said, and then it is up to you to decide whether or not you want to accept the offer.

If you accept the offer by the prosecutor at the FDC to plea guilty, then a number of things happen. First, you will review the contents of a change of plea form, which the attorney will explain to you. After you initial and sign the change of plea form, your lawyer will review it, sign it, and give it to the prosecutor so the prosecutor can sign it. The change of plea form is then given to the judge. You will then appear in court in front of the judge. The judge will show you the change of plea form and ask you questions about it such as: "Are these your initials?"; "Is that your signature?"; "This form says you want to plea guilty to count 1, is that what you want to do?"; "What are you charged with?"; and other questions to make sure you know and understand what you are doing and that the plea is what you want to do.

If you reject the prosecutor's FDC offer, then the offer goes away. The offer does not stay somewhere waiting for you to decide to take it; it's gone. So, when you reject the prosecutor's offer at the FDC, the date and time of your preliminary hearing are confirmed and you will NOT be brought in front of the judge.

The purpose of a preliminary hearing is for a judge to decide whether there is "sufficient cause" for the judge to believe that one or more of the crime(s) charged were committed and that you committed the crime. The prosecutor calls witnesses and puts on evidence at the preliminary hearing. Your attorney will ask questions. Your attorney might also present evidence at the preliminary hearing, (for tactical reasons, presentation of such evidence is rare), but this is a decision your attorney will make. At the end of the preliminary hearing, the judge will decide whether the evidence produced establishes probable cause to believe that you committed a crime. If the judge decides there is no probable cause, then you win. If the judge decides there IS probable cause to believe you committed one of the charged crimes, then the judge will issue an order requiring you to stand trial.

If the preliminary hearing judge issues an order holding you to answer the charges at trial, then a date will be set for your arraignment for trial. Arraignment for trial is a very brief court appearance in front of a judge typically lasting two minutes or less. You must be present at the arraignment for trial. It may be held that same day.

You do not have to be in court on the "motion cutoff date". The motion cutoff date is the only date where you do not have to be in court. The "motion cutoff date" is the date by which your lawyer must file any pretrial motions. Some motions are trial motions and can only be made in front of the trial judge.

The "trial readiness conference" is designed to see if your case is ready for trial and to make an attempt to settle the case. You must be present on time at the trial readiness conference. Typically, but not always, the offer made by the prosecutor and the judge at the FDC is better for you than any offer made at trial readiness conference. But this is not always the case.

You will speak with an attorney from the Public Defender's Office before you actually go in front of the judge for your ARRAIGNMENT. This attorney will have a copy of the complaint against you and/or the police report or citation made at the time of the incident.The attorney will ask you to tell them your side of the story. It is important to tell the attorney everything about your case. Your conversation with that attorney is completely confidential and they will not divulge any part of your conversation to the city attorney.

A plea of Not Guilty means that you are not willing to take the prosecutor's offer. It also means that the judge will set future court dates. At this time the public defender will formally request that the Public Defender's Office be appointed as your attorney and will formally request a jury trial. Although a date will not be set for your trial at this time, if you are in jail, your trial date is set within 30 days of your ARRAIGNMENT or within 45 days if you are not in jail. 2351a5e196

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