Overwhelmingly, cases are resolved through plea changes — and these typically result from a plea agreement, according to a legal expert interviewed by the Dayton Daily News.
“If we didn’t have plea bargains, the system would shut down,” said Thomas Hagel, a professor emeritus at the University of Dayton’s School of Law. “If every defendant demanded their rights to a trial, that would bring everything to a dead stop.”
Although withdrawing from or rejecting plea bargains isn’t uncommon, exiting an agreement post-sentencing must meet a threshold outlined in law, said Hagel.
“Under the rules of criminal procedure, there’s a rule that allows that to happen,” Hagel said. “But it’s certainly not automatic, and it is the exception, instead of the rule.”
Hagel said regret is not something that could trigger consideration for a plea withdrawal. But not understanding the full scope of consequences associated with a plea deal could.
Foley’s no-contest plea, now vacated, would have put his eligibility to remain in office at risk, his attorneys argued. Different sections of the Ohio Revised Code conflict with one another when it comes to a person’s eligibility for public office following a felony conviction.
“It would have to be something like in Foley’s case, where there was a misunderstanding of the consequences,” Hagel said. “It can’t be from finding a sentence too harsh. If you just have a change of heart, that’s also not enough.”
Foley’s attorneys argued that their agreement with the Ohio Auditor of State included multiple conversations about Foley’s employment. Foley was reelected to his seat in November, defeating Democratic challenger Lynn Cooper.
No additional court hearings have been scheduled for Foley as of this week.
Indicted alongside Foley last year was former Montgomery County Municipal Court Judge James Piergies.
Piergies changed his plea to guilty in May as part of a plea bargain with state investigators. Hein sentenced him to up to two years of community control and 75 hours of community service. A 90-day jail sentence is suspended based on compliance with the community control sanctions. Piergies was also ordered to pay court costs and a $750 fine.
The plea deal required Piergies to resign from office.
Hagel said public corruption charges against elected officials impact a community’s overall perception of how its local government functions.
“It really damages the public perception of the justice system,” Hagel said. “This applies to attorneys, judges, clerks of courts, anyone who is involved in the justice system. It undercuts the perception of the fairness of the system.”
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