data is justice ™

7 St. Clair Ave NE
Suite 101
Cleveland, OH 44114

440-841-8478

THE LAW

Defendants are entitled to be sentenced as are other similar defendants.

R.C. 2929.11(B) reads in pertinent part:

“(B) A sentence imposed for a felony shall be reasonably calculated to achieve the three overriding purposes of felony sentencing set forth in division (A) of this section, commensurate with and not demeaning to the seriousness of the offender’s conduct and its impact upon the victim, and consistent with sentences imposed for similar crimes committed by similar offenders.” 

the sentencing data

Our data is from the past ten years in the most populous Ohio counties (Cuyahoga, Franklin, Hamilton, Summit, Lucas and more) and growing daily.  Lawyers can now make the argument from data regarding a fair sentence for their client.

ineffective assistance
FAIR SENTENCE WAIVER

Defendants who fail to present data and/or raise the issue of a fair sentence waive that issue on appeal.  State v. York, Champaign App. No. 2009-CA-03, 2009-Ohio-6263.  Don’t be caught causing your client to waive an appellate issue.  The Eighth District (Cuyahoga County) has also held that defendants waive this issue unless they present sentencing data at trial.  State v. Armstrong, Cuyahoga App. No. 81928, 2003-Ohio-5932.  

How to use the data

Here are the steps to the effective use of Lawstata sentencing data to obtain the best sentence for your client

  • File the motion for expert report fees for all your indigent clients.  Microsoft Word, PDF, and Apple Pages formats for that motion already completed for you
  • Once granted, ORDER HERE using the two most serious charges among those your client intends to plead guilty to or was found guilty of committing
  • Within 24 hours, we will provide to you an excel spreadsheet and various visuals of that data
  • Case numbers are included in the data so data accuracy can be confirmed 
  • Evaluate the data from the spreadsheet and easily copy/paste the visuals into any sentencing memorandum you prepare for the court