Chicago to Cleveland Heroin Pipeline Arrests - Cleveland, Ohio

Cleveland, Ohio media outlets are reporting that the FBI has arrested 28 of 31 members of a suspected Chicago, Illinois to Cleveland, Ohio heroin pipeline. Reports indicate that the FBI began the investigation in 2010 after receiving an informant's tip.

According to reports, the heroin pipeline and distribution from Chicago to Cleveland was substantial.

If you, or someone you know, has questions regarding heroin trafficking or heroin possession cases in Cleveland, Ohio, please contact The Frey Law Firm, LLC for a free initial consultation with an exp:

24/7 Toll-free: 844-766-3739

Cleveland, Ohio Criminal Defense Lawyer, Attorney Ron Frey

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 

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 Lawyer - Appeals - Appellate Representation - Cuyahoga County

Cleveland, Ohio Criminal Appeals - Criminal Defense Lawyers
By +Ron Frey

Being sentenced to a term of incarceration, or receiving any punitive decision by a court or jury can cause great pain to individuals and their families, as well as compromise one’s career and standing in the community.

Understanding these consequences, the lawyers and staff of Friedman & Frey, L.L.C. have handled appeals at municipal, state, and federal levels throughout Ohio and courts across the United States. Working as a team, our lawyers will review your ability to appeal the court or jury decision, drawing on their relevant strengths and areas of focus to pinpoint all potential opportunities for appellate review.

Once the case is studied and the briefs filed, our lawyers present the oral arguments before the different appellate court judges or justices.  Many times mock arguments will be performed so that we will be as prepared as possible before proceeding to the argument.

In recognition of the proven appellate skills practiced by the members of Friedman & Frey, L.L.C. our lawyers have represented bar associations in disciplinary matters at the highest levels.  Indeed, due to our vast resources and ability to tackle complexcases, our services are often sought for co-counsel arrangements by our colleagues in the criminal defense bar.

If you or someone you know has questions regarding the Appellate process, please call the law firm of Friedman & Frey, L.L.C. at (216) 928-7700 for a free initial consultation.

Defending Against Allegations of Rape - Sexual Assault - Unlawful Conduct with a Minor - Gross Sexual Imposition

Rape, sexual assault, unlawful conduct with a minor, gross sexual imposition--accusations such as these not only carry severe penalties, but they can seemingly turn the whole world against you. Any misdemeanor or felony sex crime conviction will be visible to routine checks by employers, landlords, schools, banks, and insurance companies for the rest of your life. In some cases, access to your own children could be limited or even prevented.

All accusations of this nature must be addressed quickly and strategically.

The Criminal Defense Lawyers, Friedman & Frey, L.L.C. will go to work immediately to determine the extent of your exposure to punishment, and through early engagement with the prosecution will work to reduce or eliminate the most serious charges against you. This firm will do everything possible to avoid an outcome that results in incarceration, deportation, or branding as a sexual offender.

We know how to aggressively approach all levels of a case, from pre-indictment resolution to cases requiring jury verdicts. Our experience enables us to assess these cases expeditiously, which often helps our clients reach a resolution even before they have been charged or indicted, and before any information has been exposed to the public.

We know how to aggressively approach all levels of a case, from pre-indictment resolution to cases requiring jury verdicts. Our experience enables us to assess these cases expeditiously, which often helps our clients reach a resolution even before they have been charged or indicted, and before any information has been exposed to the public.

If you, or someone you know, is under investigation or facing allegations of a sex crime, please call the law firm of Friedman & Frey, L.L.C. for a free and confidential initial consultation at (216) 928-7700. You can also visit our website at faflegal.com.

Felony Arraignments & Criminal Law in the Cuyahoga County Court of Common Pleas in Cleveland, Ohio

If you or someone you know are facing felony charges under Ohio Law in Cuyahoga County, Ohio, you may have questions concerning the arraignment process. This Blog is intended to provide a general overview of the felony arraignment procedures at the Justice Center in Cleveland, Ohio. As always, this information is simply a general overview. As every case presents unique circumstances, it is important to contact a Criminal Defense Attorney in order to discuss the particular circumstances you or someone you know may be faced with.

THE ARRAIGNMENT ROOM

In general, felony arraignments are held at the Justice Center in Cleveland, Ohio. The arraignment room is located on floor twelve (12). It is a large courtroom as many people are arraigned during a single session. Due to the large amounts of citizens being arraigned, the room is closed by security and, in general, family members and spectators are not allowed within the room (exceptions are made for the media to be present).

CHECKING IN

If the accused is not in jail, he or she will arrive as commanded. Typically, the accused receives a summons to appear. Security will instruct the defendants as to the process for checking in at that time.

THE PRESENCE OF THE ACCUSED

Ohio Law requires the presence of the defendant. However, there are exceptions to this rule and the presence can be waived in some instances. For instance, some defendants are arraigned by way of video. For example, if a person is in jail, rather than transporting the person to the Justice Center in Cuyahoga County, the court will utilize video conferencing in order to communicate with the incarcerated defendant.

THE READING OF THE INDICTMENT

After everyone is checked-in, the arraignment room judge will take the bench and court will commence. In general, the judge will begin by reading everyone their rights. In the Cuyahoga County Court of Common Pleas, these rights are often recited once to the entire group of defendants that are to be arraigned. Thereafter, the judge will call upon each individual, one at a time, to be arraigned in open court. Ohio Law requires that arraignments be conducted in open court. During the arraignment, the judge will read the indictment, information, or complaint to the accused, or state the general substance of the charges. In Cuyahoga County, the reading of the Indictment is often waived by the accused or the attorney for the accused. This right is waived for many reasons. Often, the courtroom is crowded and the accused does not want the specific charges to be recited by the judge for all of the other people to hear. Further, the criminal defendant and the defense attorney are entitled to a copy of the charges.

THE RECEIPT OF THE INDICTMENT

Prior to entering a plea, the defendant will be asked by the court if he or she has received a copy of the Indictment. Although the law requires that the accused be in receipt of the Indictment twenty-four (24) hours prior to entering the plea, this right can be waived and oftentimes is waived. For instance, in the Common Pleas Court of Cuyahoga County, Ohio it is common for the lawyers and the accused to retrieve a copy of the Indictment moments before the Arraignment process commences. Often, the lawyer will already know the charges prior to that moment and will simply waive the twenty-four (24) hour requirement. This is done unless there is a compelling reason to continue the matter to a later date. These decisions need to be made on a case by case basis.

THE PLEA

When the accused is represented by a criminal defense attorney, the attorney will typically address the court and enter the plea on behalf of the defendant. The type of pleas that are available to a criminal defendant are provided for within Rule 11 of the Ohio Rules of Criminal Procedure. In a future Blog, I will discuss the types of pleas that are available and the effect each plea may have.

BAIL AND BOND

After the plea is entered, the court will address the issue of bail and bond. The criminal defense attorney will be granted an opportunity to argue for a low bail bond and the prosecutor will be granted an opportunity to present arguments as well. The court will consider arguments from both sides and will also consider the recommendation from the Cuyahoga County Bond Commissioner. A criminal defense attorney can learn of the recommendation prior to the arraignment. Generally, the court follows the recommendation of the Bond Commissioner and in general, arguments are not presented regarding bond unless circumstances dictate otherwise. However, it is imperative that the attorney be prepared to address the issue should it be raised.

PROCESSING

After the arraignment is concluded, the accused is taken into custody for processing. The accused will be held until the processing is concluded and the conditions of the bail are met. As such, it is important to consult with a criminal defense lawyer prior to the arraignment in order to address any questions or concerns one might have concerning the arraignment procedures. A consultation can help ensure that the process is facilitated as much as possible and that everyone is prepared for the process that will unfold.

FURTHER INFORMATION

There is much more that can be said concerning this process. If you have questions or concerns pertaining to a Felony Arraignment in the Cuyahoga County Court of Common Pleas in Cleveland, Ohio, please call Criminal Defense Lawyer Ron Frey for a free consultation at (440) 537-0299 or visit http://www.criminallawyer.tel/.