'Can this case be won?' How a plea deal works in Ohio and why there are so many

The majority of criminal cases are resolved through plea deals. The court system would be endlessly backlogged without them.

In Ohio last year, there were guilty pleas in 78% of criminal cases, according to statistics compiled by the state Supreme Court. Only 2% went to trial before a judge or jury. The rest were dismissed or resolved in some other way.

In Hamilton County, 76% of criminal cases ended in a plea and 3% went to trial. The rest were dismissed or resolved in some other way.

The percentages were similar in Warren County. Butler County saw twice as many trials and fewer plea deals, according to the statistics. In Clermont County, less than 1% of criminal cases went to trial.

Here's how the plea process typically works.

How does a plea deal happen in Ohio?

After a defendant is charged with a crime, that person’s attorney will review the evidence to determine if prosecutors can prove guilt beyond a reasonable doubt.

"You have to make a decision − can this case be won at trial?" said longtime defense attorney Norm Aubin.

If it’s determined that a plea is in a defendant's best interests, and the defendant agrees, typically the attorney will approach the prosecutor and inform the prosecutor that the defendant is interested in pleading.

It’s also common for prosecutors to present a plea offer to a defense attorney. An attorney must then bring that offer to his or her client to consider.

Either way, both sides then negotiate about what charge or charges will be covered by the plea, and if there will be a specific prison term.

In some cases, a defendant can plead "no contest," which isn’t an admission of guilt but it’s treated at sentencing as if it were.

A defendant makes the ultimate decision about whether to plead or go to trial.

What is the role of victims and their families?

Hamilton County Prosecutor Melissa Powers says victims and their families are important to the process, and her office consults them.

She said that for decades, her office has sought the input of victims.

“This office has always kept them involved and informed,” she said. “We want to make sure they have a voice – they believe and feel justice was served.”

In nearly every case, if the victim or the family is not on board with a particular plea agreement, Powers said her office will not go along with it. It’s only in very rare circumstances, she said, that her office will go against the wishes of a victim or victim’s family.

The investigating law enforcement agency also must be consulted about a plea.

A guaranteed outcome

Without pleas, the criminal court system would be forever backlogged. Consider that 6,100 new criminal case were filed in Hamilton County Common Pleas Court in 2022. That's about 25 new cases for every day the court is open.

Even in murder cases, it’s common for a defendant to plead guilty to involuntary manslaughter. In October in Hamilton County, for example, a man who admitted fatally shooting two people last year pleaded guilty to two counts of involuntary manslaughter. As part of the plea agreement, he agreed to a 28-year prison sentence.

In Ohio, murder is punishable by 15 years to life. And if a gun was used in the killing, it’s 18 years to life. Aggravated murder is punishable by anywhere from 20 years to life to life without the possibility of parole.

For prosecutors, a plea agreement is a guaranteed outcome, which is an important consideration because sometimes witnesses are hesitant to testify because they fear retribution or there could be evidence issues. In cases involving violent offenders, a plea can guarantee that person will not be on the streets for a specific number of years.

A plea often means "a large number of years behind bars that we know is certain," Powers said.

This article originally appeared on Cincinnati Enquirer: Here's how plea deals work in Ohio and why there are so many