The Right to Confront The State's Witnesses The Court may impose penalties on witnesses who fail to appear in Court as required. ![]() Witnesses may also appear willingly in Court. This order is a "subpoena" and it is mailed or delivered to each witness. The Court will issue an order that each witness appear on the date of your trial. You, or the attorney representing you, must provide to the Court the name and address of each witness you want to appear in Court. You have this right in both a jury trial and a bench trial. You have the right to bring witnesses on your behalf into Court to testify. The Right To Have Witnesses Testify On Your Behalf If the Court determines that you do not have the resources to pay for an attorney, the Court may appoint an attorney to represent you. You may waive, in writing, this right and have your case continued so that you have the time to hire an attorney. Ohio law provides that criminal cases must be brought to trial within certain specified time limits. You have the right to hire an attorney to represent you. The Right To A Speedy Trial And The Right to Counsel When a judge decides your case, it is commonly referred to as a "bench trial." Because a jury does not have to be selected, a bench trial may take less time. You may waive your right to a trial before a jury and have a judge decide your case. You have a constitutional right to a public trial and to have your case decided by an impartial jury, if you are charged with a jailable offense. The Right To a Public Trial By an Impartial Jury If you choose to testify at trial, you are giving up your right to remain silent and the prosecuting attorney may ask you questions after you have testified on your behalf. If you exercise your right to remain silent, you, in effect, refuse to testify at your trial. This right applies in both a jury trial and a bench trial. Second, your may exercise your right to remain silent during your trial. Statements made to the police, while a Defendant is in custody and being questioned, can be used by the State to prove its case. Law enforcement officers are required to notify any person taken into custody in regard to a jailable offense that he or she has this right. First, you may exercise your right if you are taken into custody and questioned by the police regarding your commission of a crime. You may exercise your right to remain silent in two ways. You are not required to present a defense, but it is sometimes advisable. The elements of each offense, considered to be a crime in Ohio, are listed in the Ohio Revised Code. It is the job of the prosecuting attorney, who represents the state of Ohio, to prove in a trial before a jury or a judge that you are guilty of each and every element of the offense beyond a reasonable doubt. You are presumed to be innocent of the crime with which you have been charged. ![]() The Right To Make the State Prove You Guilty of Each and Every Element of the Offense Beyond a Reasonable Doubt Right to Confront The State's Witnesses.Right To Have Witnesses Testify On Your Behalf.Right To A Speedy Trial And The Right to Counsel.Right To a Public Trial By an Impartial Jury.Right To Make the State Prove You Guilty of Each and Every Element of the Offense Beyond a Reasonable Doubt. ![]() If you do not understand your rights, or how to exercise them in regard to your case, you should consult an attorney. Under the Constitutions of the United States and of the State of Ohio, you are guaranteed certain rights.
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