Ariel Castro Indicted on 329 counts - Castro Indictment - Cleveland, Ohio

Castro Indictment
By +Ron Frey

It has been reported that the Cuyahoga County grand jury has indicted Ariel Castro on 329 counts. The counts include aggravated murder, rape and assault. It remains to be seen whether Cuyahoga County Prosecutors will pursue the death penalty against Castro.

The next step is the arraignment. To learn more about the Castro Arraignment, please view my blog regarding The Castro Arraignment.

If you have any questions regarding criminal procedure in Cuyahoga County, Ohio please feel free to contact our law firm, Friedman & Frey L.L.C. at (216) 928-7700.

+Ron Frey
Cleveland, Ohio Criminal Lawyer

+Friedman & Frey, L.L.C. - Criminal Defense Lawyers 

Medina, Ohio - Pandering Child Pornography Arrest - Lawyers

According to media reports released this evening, as well as a press release from the Medina Police Department, an 18 year old man has been arrested in Medina, Ohio and charged with Pandering Child Pornography. The investigation was conducted by the Medina Police Department in conjunction with the Internet Crimes Against Children (ICAC) Task Force.

A conviction for any child pornography related offense, or computer crime, can carry significant penalties. Specifically, a conviction for a child pornography based offense in Medina County, Ohio can result in a lengthy prison sentence, as well as sexual registration.

If you, or someone you know, has a question regarding the crime of Pandering Child Pornography in Medina, Ohio, please call the Criminal Defense Lawyers at Friedman & Frey, L.L.C. for a free initial consultation. Our lawyers have great experience in this area of law and in the Medina County Court of Common Pleas. We are prepared to speak with you at any time, day or night at:

(216) 906-9055.

Please also visit Friedman & Frey, L.L.C. on the web at http://www.faflegal.com

The Ariel Castro Indictment - What to Expect

The Ariel Castro Indictment - What to Expect

By +Ron Frey

        According to media reports, the investigation against Ariel Castro remains ongoing. Upon the collection and review of all evidence by the investigators, the matter will be presented by the Cuyahoga County Prosecutor, or a representative from the Cuyahoga County Prosecutor's Office, to a Cuyahoga County Grand Jury. Thereafter, an Indictment will be returned and filed. The purpose of the Indictment is to put the Defendant on notice of the specific charges that have been brought. Generally, an Indictment will include the following items:

1. specific offense(s) charged;

2. the code section of the offense(s) from the Ohio Revised Code;

3. the date, or date range. of the alleged offense(s); 

4. the location whereupon the offenses are alleged to have been committed; and

5. the identity of the victim(s).

Although the Indictment will contain the above information, it will not go into any great specificity regarding the actual details of the alleged conduct. This information will be released as the case progresses through the system via the public hearings and any public records or public comments.

Based upon information released to the public in the Castro case, it is anticipated that there will be many counts brought against Castro once the matter is reviewed by the Cuyahoga County Grand Jury. To give an example of how voluminous this Indictment may be, one should consider that generally, in Cuyahoga County, if a defendant is accused of improper sexual touching, he or she could face a separate count or charge for each body part that was improperly touched. As such, a person can find themselves charged with many counts from a single, relatively brief, alleged incident.

In the Castro case, the investigation includes allegations from three (3) separate victims. Further, the allegations involve years of captivity. As such, it will come as no surprise if the Castro Indictment contains a multitude of counts and specifications. Obviously, we will have to wait until the Indictment is returned, but it must be noted that it is not at all uncommon to see Indictments filed in Cuyahoga County that contain a voluminous number of counts, sometimes in excess of one-hundred (100) counts.

If you have any questions regarding what to expect from the Castro Indictment, or would simply like to speak with a Cleveland, Ohio Criminal Defense Lawyer, please contact the law firm of Friedman & Frey, L.L.C. Our attorneys are prepared to address your questions and ensure that your rights are protected. Please call (216) 928-7700 for a free initial consultation.

Cleveland, Ohio Criminal Defense Lawyer
+Ron Frey 

Rocky River Criminal Lawyer - Rocky River, Ohio Municipal Court

ROCKY RIVER, OHIO CRIMINAL DEFENSE LAWYER

By +Ron Frey 

The criminal defense attorneys at Friedman & Frey, L.L.C. represent individuals charged with criminal offenses throughout the State of Ohio. The law firm is based in Cleveland, Ohio and as a result of our close proximity to the Rocky River Municipal Court, our criminal defense attorneys are often retained to represent individuals that are facing criminal charges in Rocky River, Ohio. The Rocky River Municipal Court handles a wide variety of criminal offenses and our attorneys are prepared to assist and defend individuals who find themselves facing a criminal case or allegation.

The Rocky River Municipal Court handles criminal cases that stem from the communities of: 

Bay Village

Fairview Park

North Olmsted

Rocky River

Westlake

Metroparks

If you were somebody you know is facing a criminal case in the Rocky River Municipal Court in Rocky River Ohio or if you require a criminal defense lawyer to assist you with a criminal case stemming from Bay Village, Fairview Park, North Olmsted, Rocky River, Westlake or the Metroparks, please contact the law firm of Friedman and Frey L.L.C. 

Our attorneys are prepared to assist you, defend you, and ensure that your rights are secured. Please contact us at (216) 928-7700. We can also be found on the web at FAFLegal.com.

Please also view my blog regarding practicing law as a Rocky River, Ohio Criminal Defense Lawyer in the Rocky River Municipal Court where you can find additional details pertaining to the Court itself:

Blog: Rocky River Criminal Defense Lawyer - Rocky River Municipal Court

Friedman & Frey, L.L.C.
Aggressive Criminal Defense
Serving clients in Rocky River Municipal Court
+Friedman & Frey, L.L.C. - Criminal Defense Lawyers 

Westlake Criminal Defense Lawyer

North Olmsted Criminal Defense Lawyer

Fairview Park Criminal Defense Lawyer

Rocky River Criminal Defense Lawyer

Bay Village Criminal Defense Lawyer

Cleveland Criminal Lawyer Ron Frey - What happens during a Cuyahoga County Pretrial?

By: +Ron Frey 

Cleveland Criminal Lawyer

As a criminal lawyer who practices in the Cuyahoga County Court of Common Pleas on a regular basis, I am often asked the following question by clients and prospective clients: "What happens at a pretrial?" The answer will depend upon a number of variables. This essay outlines the general process that occurs during a pretrial in Cuyahoga County in a criminal case.

First, it is generally required that the defendant attend all criminal pretrial hearings in Cuyahoga County. Generally, the defendant is required to be present at the time that the pretrial is scheduled to commence. Most of the time the defendant will be asked to sit in the chairs outside of the courtroom during the pre-trial. 

Many things can occur during a pretrial. Oftentimes, the pretrial consists of the criminal defense lawyer meeting with the prosecutor assigned the case to discuss any issues that need to be resolved. These talks can include discussions regarding the exchange of discovery or evidence in a case, the setting of hearing dates and any other legal or factual issues that may need to be addressed. Further, after the exchange of discovery, plea negotiations are generally entered into whereby the criminal defense attorney and the prosecutor discuss possible resolution of the matter via a plea bargain. In other circumstances, the discussion is focused more upon the trial and the logistics of trial if it is apparent that no plea deal will be reached. Generally, the defendant is not involved in these discussions between the criminal defense lawyer and the prosecuting attorney. Rather, the defendant will remain on the floor or within the courtroom and wait until his or her lawyer returns.

In addition to meeting with the prosecuting attorney, criminal defense lawyers in Cuyahoga County also often meet with the judge on the case during pre-trial hearings. Each courtroom will handle this differently. However, if there is an issue that needs to be addressed by the court, or if the judge simply wants to meet with the lawyers in order to be updated as to the status of the case, the attorneys will often enter into the judge's chambers for a discussion.

There are other times during pre-trials when the defendant, the attorneys and the judge go on the record in open court. It is for this reason that defendants should always be prepared and dressed professionally whenever they have a court date or pre-trial. 

In most cases there are multiple pretrials held. In many instances, a matter can be set for a pre-trial and can be converted into a different hearing. For instance, a case can be set for a pretrial in Cuyahoga County and it can be converted to a change of plea hearing if a resolution is reached during the pretrial.

There is much more that can be said regarding the role of a Cleveland, Ohio criminal lawyer during pretrial hearings in Cuyahoga County. If you or someone you know has a question regarding a pretrial matter in Cuyahoga County, please contact the law firm of Friedman & Frey, L.L.C. for a free initial consultation at (216) 928-7700. Please visit us on the web at FAFLegal.com

Castro Indictment & Arraignment - The Next Steps in the Ariel Castro Case - Cleveland, Ohio

ARIEL CASTRO CASE - CLEVELAND, OHIO ~

By: Ron Frey

According to media reports, investigators are still conducting an examination of the evidence in the Ariel Castro case. Castro has already appeared in court for an initial appearance. That hearing was held in the Cleveland Municipal Court. At that time, a bond was set. His next court appearance will likely come at his arraignment. Castro's arraignment hearing will be set once he is indicted by the Cuyahoga County Grand Jury.

THE GRAND JURY

The Grand Jury proceeding is closed to the public. A prosecuting attorney from the Cuyahoga County Prosecutor's Office will present evidence to the grand jurors. Ultimately, the grand jury will issue an Indictment. At this time, Castro has only been charged with three (3) counts of Rape and four (4) counts of Kidnapping involving the victims Amanda Berry, Gina DeJesus, and Michelle Knight. It is widely anticipated that he will face many additional charges and additional counts once the Indictment is returned. It is important to note, the standard for getting charged or indicted with a criminal offense is probable cause. This is a much lower standard than what is employed at trial. At trial, guilt must be proven beyond a reasonable doubt. Probable cause is a much lower standard.

THE CASTRO INDICTMENT

The Indictment is a formal charging document that outlines the specific crimes alleged along with applicable references to the Ohio Revised Code. The Indictment will generally outline the basic elements of each alleged offense and will also generally provide the date and location of the criminal conduct. I expect that once the Indictment is filed, the media will publish it for widespread viewing. It is important to note, the Indictment will indicate the charges being brought, but it will generally not go into any great detail as to the specific conduct.

THE CASTRO ARRAIGNMENT

Once indicted, the Castro case will be set for arraignment. At this time, the general public will be able to access the on-line docket for Cuyahoga County in order to follow the matter (journal entries, court filings, motions, briefs etc.) as it proceeds through the justice system. The felony arraignments in Cuyahoga County are held on the 12th floor of the Cuyahoga County Justice Center. Since Castro is incarcerated, he may not be present in the courtroom for the arraignment. Instead, he may appear via video from the jail. If this is the case, his attorneys will be present in the courtroom and speak on his behalf. Castro will be able to hear and see the proceedings via video from the jail. Generally, this is how incarcerated defendants are arraigned. However, Castro could exercise his right to be present within the courtroom for the arraignment proceeding. If he does, he will be present in court with his attorneys. He will remain in his jail uniform for the arraignment proceedings.

A Cuyahoga County Judge will conduct the arraignment. Generally, the defense attorney will address the court and indicate the following:

1. The defense is in receipt of the Indictment;

2. The 24 hour statutory period has been satisfied (i.e. the Defendant has had a copy of the Indictment for more than 24 hrs. prior to the arraignment). This requirement can be waived if the Defendant did not have a copy;

3. Waive reading (the defense will generally waive the reading of the Indictment open court);

4. Enter a plea of not guilty to all counts; and

5. Request a reasonable bond or the opportunity to make a bond argument.

Generally, the judge sets a bond, taking into consideration information from the bond commissioner, and assigns a judge to the case. Please see my blog regarding Cuyahoga County Bonds wherein I delineate the different types of bonds that can be set in a criminal case. In Cuyahoga County, the judge is assigned randomly. The judge that conducts the arraignment will not be assigned to preside over the case itself. With regard to the issue of bond, please see 

Some judges in Cuyahoga County provide the arraignment judge with a date upon which they want the first pre-trial in the case set. If one of those judges is assigned the case, Castro and his attorneys will be immediately informed of the date upon which they will need to be back in court. If a judge is assigned who does not provide dates, no date will be given at the time of the arraignment. Instead, the date will be set thereafter and communicates to the attorneys generally by way of a telephone call from the bailiff or some other method of notice.

For more information regarding this process, please see my blog on Cuyahoga County Arraignments. Further, Cleveland Criminal Defense Lawyer, Attorney Ian Friedman is featured in a video wherein he explains aspects of the Indictment, Arraignment and Bond. I have included that video below:

THE MEDIA IN THE ARRAIGNMENT ROOM - CUYAHOGA COUNTY

It is fairly common for media to be present within the arraignment room in Cuyahoga County. Generally, film crews are able to setup their cameras in order to record the arraignment proceedings. Even if a Defendant appears via video, the media is generally able to record the video screen upon which the defendant appears.

In Cuyahoga County, generally, only the Defendant's who have been summoned to be arraigned, their attorneys, members of the media and court staff are permitted within the arraignment room. Family members, friends, alleged victims and others are generally not able to be accommodated. Unless there is some sort of issue pertaining to bond, the average arraignment lasts only a few minutes.  

As the Castro case proceeds through the Cuyahoga County justice system, I will continue to provide updates regarding the processes. Please follow me on Twitter @ClevelandLawyer and please feel free to call me with any questions you may have regarding criminal procedure in Cuyahoga County at (216) 928-7700. Please visit Friedman & Frey on the web. Our firm consists of dedicated Cleveland, Ohio criminal defense lawyers that are prepared to answer your questions and secure your rights if you or a loved one is under investigation or has been charged with a crime.

Cleveland Criminal Lawyers - Friedman & Frey, L.L.C. - Criminal Defense Attorneys

If you, or someone you know is under investigation or has been charged with a crime, please contact the Cleveland Criminal Lawyers at Friedman & Frey, L.L.C. The Criminal Defense Attorneys at Friedman & Frey strive to provide aggressive representation to those facing criminal allegations.

Please contact our law firm at (216) 928-7700 for a free initial consultation.

Please also visit us on the web at FAFLegal.com

The Cleveland Criminal Lawyers at Friedman & Frey look forward to meeting with you and discussing your situation. They are prepared to develop and tailor a strategy to meet your needs.

The criminal defense law firm of Friedman & Frey is located within walking distance of the Cuyahoga County Court of Common Pleas, the Cleveland Municipal Court, the Eighth District Court of Appeals and the Federal District Court for the Northern District of Ohio - Cleveland Division.

Whether your case involves a Misdemeanor or Felony offense, the Cleveland Criminal Defense at Friedman & Frey are prepared to defend you and ensure that your rights are secured.