Failure to Appear, Active Duty

[bn42]

My question involves criminal law for the state of: ohio

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My question involves criminal law for the state of: Ohio

In July of 2007, I was charged with diorderly conduct, and later the person I was attempting to assault filed charges against me for assault. At the time of my arrest I was currently in the U.S. Navy, so I could not make my court date. I just got out of the military, and I am trying to clear this up. I am now being charged with failure to appear. I have decided to not hire an attorney. My questions are as follows.

I plead not guilty and requested a trial by jury, can the judge or prosecutor deny me my right to a pretrial?

Even though i was currently active duty in the U.S. Military, can the judge still charge me with failure to appear for missing my court date?

If any of these are true, could you please include anywhere in the ohio law that it specifically states this I would appreciate it, thank you.

[cdwjava]

You are required to appear in court at the date and time given or you can face repercussions for that violation in addition to the original offense.

It was incumbent upon YOU to notify the court of your pending deployment or transfer that would have made you unavailable. The court could then have either changed your court date or made other arrangements (including notifying your command which might have held you in the states until the matter was resolved). You were not deployed in the dead of night without prior warning.

Consult local legal counsel.

- Carl

[bigcountrysg]

You were also in violation of the UCMJ. Due to the fact that you had criminal charges pending and you didn't notify your command.

If you have notified your command, they would have ensured you would be at the hearing.

[bn42]

Ok my real question is can a judge or a prosecutor deny me my right to have a pretrial when i am going to have a trial by jury. I asked numerous times and they keep telling me that I cant have a pre trial without an attorney, is this true?

[M'sta Mikey]

Ok my real question is can a judge or a prosecutor deny me my right to have a pretrial when i am going to have a trial by jury. I asked numerous times and they keep telling me that I cant have a pre trial without an attorney, is this true?

What you have is an arrest warrant out for your arrest. So without an attorney, you're not going to get a pretrial as you alread failed to appear on the original summons.

1. You either wait to get arrested and thrown in jail, at which time you will be brought before a judge and given a chance to plea

2. Turn yourself in, be jailed and wait to your arraignment, or
3. Hire an attorney to represent you.

Honestly, those are your options.

[bn42]

I already turned myself in and appeared at my arraignment, since i told the judge i did not want a lawyer she made me post bond. When she set my trial date up, i said will that be my pre trial, and she said no you dont get a pre trial without an attorney. Can a judge do this to you?

[cdwjava]

Yes. Because, in Ohio, a "pretrial" is an informal conference between the parties, not a legal requirement.

Here's what one lawyer's site says about it:

Most, but not all, judges will set what is called a "pretrial" in the criminal prosecution process. The use of the word "trial' in the term "pretrial" is technically misleading in that there is really no official court proceeding at all. A pretrial is basically just an informal meeting between the prosecutor and the defendant's attorney to discuss the facts of the case and a possible plea arrangement. In almost all cases, the defendant must be present on this court date. If the prosecutor and the defense attorney reach a plea arrangement, the judge will go on the bench and officially take the plea and, in most cases, refer the defendant to the appropriate probation department for a presentence investigation. However, if the judge chooses to do so, he may sentence the defendant immediately after the plea.

If you do not have an attorney, discussing points of law at a pretrial is kind of pointless, hence the reason the judge does not want to waste everyone's time.

- Carl