Jacob Shellabarger

Welcome to “Opening Statement,” a monthly column about the criminal justice system in Audrain County and beyond. Many community members ask me about a “typical” day at the prosecutor’s office, and I often laugh a little, knowing that there really are no “typical” days. Although there is somewhat of a rhythm to the criminal case process, my office staff and I will often work beyond normal business hours to serve victims and do what’s right for cases. The process is long and involved and can take weeks, months or years to see a just result. We are committed to a fair, thorough and just process, and it takes work.

A recent week in our office provides a good overview of what our office is like. Monday, the Circuit Court met to hear status updates, probation updates, probation violation hearings, and guilty pleas. This docket took all day – during the day, other staff members met with victims, followed up with witnesses necessary for probation violation hearings, and prepared for the rest of the week. Tuesday is Associate Circuit Court – all misdemeanor cases, and felony cases yet to have a preliminary hearing. This is scheduled for all day, with case status and first appearance in the morning, and hearings and trials in the afternoon. Wednesday is another docket, with treatment court staffing and court sessions in the afternoon. Late afternoon is a time to file cases and prepare for the next day’s dockets. Thursday is another associate division Court date, with status hearings in the mornings and hearings and bench trials in the afternoon. Friday, after another associate circuit court docket with a special judge, depositions are scheduled for an in depth criminal case. Friday afternoon is time to prepare for the next week’s docket, and for charging more cases. During the week, we serve as Special Prosecuting Attorneys in other counties, and often appear by WebEx video conferencing in those other counties for those dockets.

Criminal cases require proof beyond a reasonable doubt – that’s a high burden and a heavy decision that my staff and I take seriously. Evidence of guilt beyond a reasonable doubt is the trial standard for guilt, and an obligation we take on when we file a case. In some cases, that is easier than others: a driving while revoked case, for example, involves simple elements such as – did the driver operate a motor vehicle, on a road or highway, during the time their license was revoked … and did the driver know, or should have known, the license was revoked? Murder, sexual assault, stealing, burglary – each set of cases has a pattern under the law that must be followed. We have to be prepared to try each or all of the cases we file to a jury if necessary. There are standards the Court follows when it gives the law to the jury, and it’s the jury’s decision if the State has proven its case.

The Associate Circuit Court is where cases begin in the Court system – felony cases remain in this division until a preliminary hearing is held, and misdemeanor cases remain in that Division until they are resolved. Audrain County cases in Associate Division are held with Judge Melissa Young, who was appointed after our past Associate Circuit Judge, Linda Hamlett, retired last year. Associate and Circuit Judges are elected.

Although cases can begin with arrest warrants, many cases begin by summons; a formal order from the Court ordering the defendant to appear on a particular date and time. Typically, cases set for first appearance in Audrain County appear on Tuesdays each week. At first appearance, defendants must appear personally and are read the charges filed against them. Defendants get the opportunity to find an attorney, either one they choose and pay for, or if qualified, poor defendants can get a public defender. Their next court date is set approximately a month away – and we move to the next case for status hearing.

Defendants are given the right to have an attorney present to assist them in defending the case, and the Court usually allows defendants one or two months past when they make first appearance to get an attorney. After an attorney enters, or the Court allows a defendant to represent himself, the next phase of the case begins – discovery. In the discovery phase, the State must turn over all of its evidence, and the defendant can turn over any evidence it intends to use as well. In Audrain County, this is done electronically through secure file transfer, directly from the prosecutor’s office to attorneys who then download the information from a secure server. Data security and confidentiality are challenges, but our staff is well-equipped to keep this very sensitive data secure.

In almost all cases, the State extends a plea offer – where a defendant wanting to take responsibility for the case gets a proposed sentence from the State. Plea agreements allow defendants to be accountable for their actions, and avoid a trial. For the State, plea agreements encourage resolution of cases short of trial, and give victims and the State certainty in a punishment. Courts have no obligation to accept plea agreements, but can choose to accept them – if both sides are in agreement and the Court finds the proposed punishment to be reasonable, it can approve. Once a plea of guilty is entered, the case proceeds to sentencing.

To resolve criminal cases, the defendant can either take responsibility and accountability, or the State must do its job and prove the defendant’s guilt at a trial. If the State can’t prove its case beyond a reasonable doubt, under the facts or the law, the defendant is found not guilty. This does not mean a defendant is “innocent” – just that the State did not prove its case under the law.

All of this process takes time, and moves one court date at a time, with each court date comes another few weeks or a month later. Jury trials require months of planning, and are scheduled with multiple trials per day, although only one trial can be tried in a given trial setting. America’s justice system takes time – as it should – because our Constitution and laws ensure a fair, public trial for anyone charged with a crime.