Criminal Case Revised

During pre-trial procedures on January 16, 2007, the assault charge against a 57-year-old Cleveland, Ohio man case was dismissed.

Eddie L. Bailey, who had the charge filed against him on November 29, 2006, was ordered to pay a court fee of $142.

According the to Berea Municipal Court docket, Bailey pled not guilty during the arraignment. The offense allegedly had occurred on November 26, 2006.

The arraignment in Ohio vs. Eddie L. Bailey, came December 11, 2006. Bailey waived his right to a speedy trial at this time.

According to the United States Department of Justice web site, this Act establishes a time limit for completing the stages of a criminal prosecution. The information must be filed with the grand jury within 30 days from the date of arrest or service of the summons. The trial must start within 70 days from the date the information was filed, or from the date the defendant appears before the court, whichever is later.

The web site went on to say that prior to the trial a defendant can give up his or her right to attain a dismissal of the case by saying that it violated the Act.

There were no warrants out for his arrest during these procedures. Bailey’s attorney and the presiding judge’s name were not released to the public by way of the
docket. They were not available for comment. Berea Municipal Court failed to
respond to the request for the information.

Criminal attorney Dean Arthur of Curtin and Heefner, LLP in Morrisville, Pa. said that generally there are four reasons why assault cases get dismissed during pre-trial hearings. The first is if the police officer or victim fails to show up at the proceedings, which occur before a magistrate. Second, a case will not hold up if it is weak, or probable cause is not proved. Third, the charge can be bargained down to disorderly conduct. The last way assault cases are usually dismissed is if the police arrested the wrong person. This is the least likely of the four to occur.

In a similar case filed on October 10, 2006 in Berea Municipal Court against G. Joshua Albers, the defendant was also found not guilty for assault. However the case was dismissed at the state’s cost.

-Selina Poiesz