5.4 Criminal Justice Terminology II: Hearings, Outcomes, and Sanctions
Key Takeaways
- A hearing is a proceeding before a judge or magistrate to decide an issue, such as a bail hearing, preliminary hearing, detention hearing, or forfeiture show-cause date.
- To adjudicate is to decide judicially; Ohio's forfeiture statute says bail may be 'adjudged forfeit' in open court (ORC 2937.35).
- An acquittal is a finding of not guilty; a conviction is a judgment of guilt after a verdict or a plea of guilty or no contest.
- A disposition is the final resolution of a case, such as dismissal, acquittal, or sentencing; ORC 3905.22 keys an agent's reporting duty to the disposition of the agent's own prosecution.
- Revocation permanently ends a license or privilege, while suspension ends it temporarily; ORC 3905.14(A) defines both for insurance licenses.
Terms About Hearings and Decisions
Hearing
A hearing is a proceeding before a judge, magistrate, or hearing officer to decide an issue, usually with an opportunity to present evidence and argument. Bail practice involves many hearing types:
| Hearing | Purpose | Source |
|---|---|---|
| Initial bail hearing | Set release conditions; required no later than the second court day after arrest for unreleased arrestees | ORC 2937.011(J) |
| Preliminary hearing | Decide probable cause in a felony case | Crim.R. 5(B) |
| Detention hearing | Decide whether bail should be denied for listed serious offenses | ORC 2937.222 |
| Bond modification hearing | Change conditions or amount of bail; held as promptly as possible unless the parties agree | ORC 2937.011(G) |
| Forfeiture show-cause date | Allow the accused and sureties to show why judgment should not be entered | ORC 2937.36(C) |
| ODI administrative hearing | Decide license discipline | ORC Chapter 119; ORC 3905.14(D) |
Adjudicate
To adjudicate is to decide a matter judicially, entering a judgment or decree after hearing the case. Ohio's bail statutes use the word directly. Upon failure to appear, bail "may in open court be adjudged forfeit" (ORC 2937.35), and the notice to sureties reports "the adjudication of forfeiture" (ORC 2937.36(C)).
Terms About Outcomes
Acquit
To acquit is to find the accused not guilty of the charge, by jury verdict or judge's finding. After an acquittal, the defendant has appeared in accordance with the recognizance and the court has entered judgment. Under ORC 2937.40(A)(2), that discharges and releases bail posted by others and releases sureties on recognizances.
Conviction
A conviction is a judgment that the accused is guilty, entered after a guilty verdict or a plea of guilty or no contest. Under Crim.R. 11:
- a guilty plea is a complete admission of guilt;
- a no contest plea is not an admission of guilt, but admits the truth of the facts alleged, and it cannot be used against the defendant in later civil or criminal proceedings;
- the other pleas are not guilty and not guilty by reason of insanity (which must be in writing). If a defendant refuses to plead, the court enters a not guilty plea.
Licensing law reaches pleas as well as convictions. ORC 3905.14(B)(6) covers someone "convicted of or pleaded guilty or no contest to a felony regardless of whether a judgment of conviction has been entered."
Bail consequence: Conditions of release continue until a verdict or a guilty or no-contest plea, and may continue pending sentence or appellate review (ORC 2937.011(G)). A conviction does not automatically discharge the surety if the court continues the bond for sentencing. The surety must watch the case until final judgment or discharge.
Disposition
A disposition is the final settlement or resolution of a case, such as dismissal, acquittal, conviction and sentence, or a diversion outcome. Examples in the law:
- ORC 3905.22(B) requires an agent to send ODI the court's entry reflecting the final disposition of the agent's own prosecution within 30 days.
- The statute that sets pretrial-release factors lists a defendant's "record of appearance at court proceedings" and flight history among the matters the court considers (ORC 2937.011(E)(4)).
Dismissal is one common disposition. Under Crim.R. 48(A), the state may, by leave of court and in open court, file an entry dismissing the charge, and the prosecution then terminates.
Terms About Sanctions
Revoke
To revoke is to cancel or annul a privilege, order, or license.
- Revocation of bail: When a defendant breaches a condition of release, the court may amend bail (ORC 2937.011(K)), including revoking release and remanding the defendant to custody (Section 8.2).
- License revocation: Under ORC 3905.14(A)(3), revocation is the permanent termination of all authority to hold any agent license in Ohio.
Suspend
To suspend is to halt temporarily.
- License suspension: the termination of all authority to hold any license for a specified or indefinite period, on conditions (ORC 3905.14(A)(5)). A license not renewed on time is automatically suspended for nonrenewal (ORC 3905.85(F)(5)).
- Suspension of sentence: On appeal, a court may suspend execution of a sentence and set bail pending appeal (ORC 2953.09).
Terms That Often Appear Alongside the Outline List
| Term | Meaning |
|---|---|
| Arraignment | The court reads the charge, or states its substance, and calls on the defendant to plead (Crim.R. 10) |
| Bind-over | A lower court's order sending a felony case to the court of common pleas after probable cause is found or the hearing is waived |
| Probable cause | A reasonable basis to believe a crime was committed and the accused committed it |
| Bench warrant / capias | A warrant a court issues when a defendant fails to appear |
| Exoneration | Release of the surety from liability on the bond (Section 8.3) |
| Estreatment | The forfeiture of a recognizance; ORC 3905.932(D) bars payments to officials to secure reduction of "any bail bond or estreatment of bail" |
Scenario Drill
Match each outcome to its effect on a surety bond:
- Jury acquits. This is an appearance plus entry of judgment, so the surety is released (ORC 2937.40(A)(2)).
- Defendant pleads no contest and sentencing is continued with bond. Release conditions may continue pending sentence (2937.011(G)), so the surety remains liable until final judgment.
- State dismisses the case in open court. The prosecution terminates (Crim.R. 48(A)). Request a journal entry releasing the bond so collateral can be returned.
- Court revokes release after a new arrest. The defendant is remanded to custody. Confirm the court's entry on the bond's status before treating liability as ended.
In Ohio's forfeiture statute, what does it mean that bail is 'adjudged forfeit'?
A defendant pleads no contest to a felony and the judge continues the existing bond until sentencing. Under ORC 2937.011(G), what is the status of the release conditions?
Under ORC 3905.14(A), what distinguishes a revocation from a suspension of an insurance agent license?
Which plea admits the truth of the facts alleged but, under Crim.R. 11(B)(2), cannot be used against the defendant in a later civil or criminal proceeding?