Wednesday, May 29, 2013

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