July 18, 2011 | Court Procedure

In 1999, the Supreme Count of the United State held that a guilty plea does not waive the self-incrimination privilege at sentencing in a case called Mitchell v. US, 526 U.S. 314 (1999), 119 S.Ct. 1307. The Court based its rational on the Fifth Amendment where its terms prevent a person from being “compelled in any criminal case to be a witness against himself.” U.S. Const., Amdt. 5.

This holding has also been adopted by Ohio Courts. In State v. Blackmon, Cuyahoga App. No. 88512, 2007-Ohio-3068, this is a good example about how a person can worsen their situation by telling the Judge what they thought the Judge wanted to hear instead of staying silent.

Another Ohio case that adopted Mitchell is State V. Betts, Cuyahoga App. No. 88607, 2007-Ohio-5533. This Court quoted the holding in Mitchell to show that, if invoked, a defendant’s silence may not be used against him in fashioning a sentence. Specifically, the Court in Betts held the following:

…In this matter, however, defendant did not exercise his Fifth Amendment right to remain silent at the sentencing hearing. Instead, he voluntarily responded when the judge gave him the opportunity to speak prior to sentencing. Moreover, the record clearly reflects that the court’s determination that defendant did not accept responsibility was a reference to this pre-sentence statement. State V. Betts, Cuyahoga App. No. 88607, 2007-Ohio-5533.

These cases show that you will need an experienced lawyer that can advise you what rights you have. More importantly, you will need a lawyer that can tell you how and when to use those rights, and when to waive them as it can directly influence the outcome of your case.

And remember, if you or a family member has been arrested for OVI in the Columbus Area – call me, =Mark Wieczorek, or one of my qualified associates at 614-827-2000. We are available 24-hours a day, 7 days a week. Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and a FORMER PROSECUTOR to work….for you!