Felony prosecutions are not equal
By Bob Robinson

GREENVILLE – “Nationwide only 1 to 2 percent of felonies go to trial,” Darke County Prosecutor Kelly Ormsby said. The rest – 98 to 99 percent – are resolved outside of the courtroom.

There are several reasons for it, but mostly it is based upon the strength of the case and having a pretty good idea what is going to happen in court.

“The defense attorney knows as well as we do,” Ormsby added. “And because of ‘discovery’ they have all the information we have.”

He gave a couple examples.

A Felony 4 or 5 can carry 12 to 18 months in prison at the discretion of the judge. The arresting officer testifies the defendant is a “good kid” who got hooked on drugs.

“We both have a pretty good idea what is likely to happen,” Ormsby said. “If the defendant agrees to plead we’ll recommend the MonDay (Treatment) Program. That makes sense.”

Another scenario might be an 18-19 year-old kid facing 10 years to life…

“We talk to the officer, talk to the victim. The defense gets everything through discovery, tells his client – hey, they have a good case – he knows the defendant is going to prison.

“It’s a serious crime but it’s also a first time offense,” Ormsby continues. “The victim’s parents don’t want to put their child through a trial. So we may offer a plea. Plead guilty, we’ll recommend 10 years. It’s tough but the defendant at least knows he’ll be out sometime rather than face the possibility of life.”

Both sides also know what a judge is likely to do based upon previous cases. For instance if the prosecution and the defense both realize a defendant is looking at three years for a certain type of offense, there is no reason for the prosecution to insist on five or six.

Ormsby noted every case is not equal. Some are strong… solid witness, video and so on. Others are good but not an obvious win. The defendant could get as much as five years so the prosecution may offer two or three in return for a plea. That could be a good deal for both sides, according to Ormsby. Prison time is imposed but the defendant gets fewer years than he might have been facing.

There is one other factor having an impact on how cases are prosecuted. The governor is trying to reduce prison populations and counties are limited in the number of people they can send.

“We sent so many last year… don’t send more than that and we get money for probation and home monitoring. This means both the state and the defense know most defendants will get something other than prison.”

Ormsby said pleas are driven by facts.

“If we know it’s going to be some form of local sanction and we’re close, we work it out. If we’re too far apart, that’s when we go to trial.”

Prosecutions are basically broken into three categories: obvious prison, obvious probation and the middle ground… “we look at this and it isn’t real clear what they need. It could go either way.”

Unfortunately recidivism remains high.

“We have a lot of repeat customers,” Ormsby said. “There are those we tend to see over and over again, usually for low level crimes that carry maybe a maximum of three years. They will pop up again.”

Ormsby is not a fan of electronically monitored house arrest.

“Bail in some cases is okay but I don’t like it that much as punishment. You get to go home, drink a coke and watch TV. That’s punishment?”

Published courtesy of The Early Bird