Q: Can Ohio common pleas courts change sentencing hearings dates without notification?
My friend was in jail waiting for her sentencing hearing that was scheduled for June 26th. She called me yesterday saying they woke her up in the morning and brought her to court for sentencing on June 1st. 25 days early with no notification. It wasn’t changed on the court docket until May 31st. My friend in jail said she was not notified at all. Can the courts do that? Seems unfair as she had not prepared her statement yet. Didn’t have her case worker for medical and mental health rehabilitation in court nor family and friends to show support. Seems shady.
A: The court is empowered to sentence a defendant immediately following a conviction. If you plead guilty, the judge tells you that as part of the conversation you have before the plea to ensure you know what you are doing. But they usually don't sentence immediately in Cuyahoga County Common Pleas court unless the outcome is predetermined. So, for example, if there is a plea agreement and the agreed upon recommended sentence is 6 years and the judge is inclined to accept that agreement, there really is no point in waiting. Particularly if the defense had mitigation to prepare and present and an expectation of having time to do so, the situation warrants looking into.
Dimitrios Makridis agrees with this answer
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