In criminal court proceedings, when a defendant changes their plea from not guilty to guilty, the court must ensure the defendant understands and voluntarily waives their constitutional rights, including the right to a trial, the right to remain silent, the right to confront witnesses, and the burden of proof on the prosecution; the court also explains potential consequences such as maximum prison sentences, post-release control supervision, and community control options before accepting the plea.
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62-Year-Old Man Assaults Two Police Officers, Then Confuses His PleaAdded:
Case number 26 CR43469, the state of Ohio versus John Mlan. Mr. Mlan is before the court with his council, Mr. Madden, Miss Tranter, on behalf of the state of Ohio. Miss Tranter, >> your honor, my understanding is that Mr. Mlan is going to be changing his plea to count one and count two of the indictment. Both counts are assault on a police officer, felony of the fourth degree. State will be asking for dismissal of the remainder of the indictment.
>> All right, Mr. Madden, is that accurate?
>> Yes, sir.
>> Mr. Mlan, are telling me that you're going to change your plea to guilty to two counts from the indictment. Before I get to your change of plea, I'm required to go over some things with you, sir.
>> Yes, sir.
>> How old are you?
>> I'll be 63 next week.
>> How far did you go in school?
>> I went to 10th grade, but I took a vocational school activity, too. I may have graduated. I'm not positive about that.
>> Can you read and write? Okay.
>> Yes, I can. I have dyslexia, so the reading part of it is somewhat of a problem. I actually read somewhat upside down and backwards.
>> Okay.
>> Uh, and I can read the right way because that's the way I went through school.
>> Are you a citizen of the United States?
>> Yes, sir, I am.
>> Has anyone promised you how the court would sentence you in this case?
>> No, sir, they haven't.
>> Has anyone threatened you in any way to get you to plead guilty against your will?
>> No, sir.
>> Are you satisfied with the representation that you've received from Mr. Madden.
>> Yes, sir. I am.
>> Are you currently under the influence of any drugs or alcohol?
>> No, I am taking a mood stabilizer which that uh offered me through the the jail system.
>> Okay. Do you take any type of medication that interferes with your ability to understand what's going on today?
>> No sir. I was on lithium since 2004 and respidedon and I was weaned off of and taken off of and lithium I was still on up till my incarceration.
>> I have in front of me a documents called a change of plea on the second page of this document on the line marked defendant there appears a signature. Did you sign this?
>> Yes, sir.
>> Did you read this and go over it with your attorney? I >> I went over it with my attorney. Yes, sir.
>> Do you feel like you understand what it says?
>> Yes, sir. Okay, this document says you're entering a plea of guilty to two counts of an assault on police officer.
Each of those carries a maximum penalty of 18 months in prison and each of them carries a maximum penalty of 5,000 maximum penalties involved.
>> Yes, sir. I do.
>> In addition to those maximum penalties, you're also subject to a discretionary period of postrelease control. And what that means is that if you are sent to prison, when you are released, the adult parole authority may supervise you for up to two years. If you violate those rules of supervision, the adult parole authority can return you to prison for up to one half of this court's original sentence. If your violation is that you commit another felony, you can be returned to prison for one year or the period that you have left on PRC, whichever is longer, and that time would run consecutive to any additional prison time that you get sentenced to. Do you understand that?
>> Yes, sir.
>> But it's not mandatory that you're sent to prison at all. Uh the court does have discretion to place you into community control or what some refer to as probation. If any of those witnesses are reluctant to come, the court can force them to come by way of subpoena. That's your right of compulsory process. Do you understand that?
>> Yes, sir.
>> You have the right to remain silent at your trial. You cannot be forced to testify against yourself. The prosecutor is not permitted to call you as a witness. You can choose not to testify in your own defense. If you don't testify, that will not be used against you. And I will instruct the jury that they are not permitted to infer your guilt nor anything from your silence. Do you understand that?
>> Yes, sir.
>> The burden of proof is on the prosecutor at your trial. You're not required to call any witnesses nor present any defense. And if you do not, that will not be held against you. Do you understand that?
>> Yes, sir.
>> The standard of proof is beyond a reasonable doubt. And that standard applies to each of the essential elements of each charge from the indictment. Do you understand that?
>> Yes, sir. Now, you could also wave your right to a jury trial, but maintain all the other rights we've discussed. You could try your case to the court. I too would have to be convinced of your guilt beyond a reasonable doubt or would be required to find you not guilty. Do you understand that?
>> Yes, sir. Could I say one thing on my behalf?
>> In a second.
>> Okay.
>> Do you believe that you understand each of these are constitutional rights that we've gone over?
>> Yes, sir.
>> And you understand that when you enter plea of guilty, you'll be waving all these rights. We will not have a trial.
>> I I don't understand that. Also, sir, >> that's how you want to proceed.
>> Yes, sir.
>> All right, Miss Tranter.
>> Your honor, both of these incidents occurred March the 7th, 2026, Warren County, state of Ohio. On that date, the defendant did not only cause or attempt to cause physical harm to another uh being two separate police officers from Franklin Police Department. This occurred during an in struggle during an incident where he were attempting to place him under arrest.
>> Mr. Madden, anything on those facts?
>> No, sir. Uh, Mr. Mlan, did you hear the statement that she read?
>> Yes, sir, I did.
>> Do you admit that what she said is true?
>> Yes, sir.
>> And again, you understand all the rights you're giving up by entering a plea of guilty. The rights we discussed. What's your plea?
>> Is guilty by reason of insanity.
>> No, it doesn't work that way.
>> Well, that's what it was presented to me as.
>> No, what what what what we what we did was and what Mr. Madden did is that he filed a or he filed a not a written not-uilty plea by reason of insanity. We have a report here which we've already received from the from the u I don't want to call it an assessment the the interview from the psychologist.
>> Yes, sir.
>> Since you were not in GRI.
>> Okay. Your choices now are we can go to trial, which which is one of your constitutional rights, to have your case heard by the by a jury of 12 people or by me and have the state prove each and every element of the of the offenses from the indictment beyond a reasonable doubt. That's one option. The other option is why what we're doing right now is >> that that's what I'm going with is what my lawyer presented me with today.
>> Okay. This is a plea of guilty then to these two charges. Is that what your plea is? Yes, sir.
>> All right. Court's going to make a finding that you've made a knowing, intelligent, and voluntary waiver of your constitutional rights. Court will accept your plea of guilty, and based upon the statement of facts that was read and your plea of guilty, I'm going to find you guilty. Now, I'm not going to sentence you today. I'm going to order a pre-sentence investigation, and we will come back and I will do sentencing when I know more about you.
Okay, sir.
>> Okay.
>> All right. Thank Thank you.
>> Thank you.
>> Can have a seat over there. Is there any thought about u whether or not to allow him to go out to uh be released pending the sentencing?
>> Not without a motion notice to the victims in the case.
>> All right. I see.
>> Thank you. The Steinmets.
>> All right. This is case number 26 CR43433, the state of Ohio versus John Bell. Mr. Bell's before the court. He is without counsel. His attorney had filed a motion for a bond review required to be set for hearing because there's a victim in the case. We are awaiting sentencing. All that accurate?
>> Yes.
>> All right. Um, this case isn't set until 2:30. Uh, Mr. Lucas is not here obviously, but you want to proceed without him for the purposes of this hearing.
>> And I lost my kids. They did get taken.
I think she's in custody as well. So, >> all right.
>> Well, we can only deal with one thing at a time. And I get I get your frustration. I trust me, I understand.
gonna get you back on track.
>> Yes, sir.
>> So, today, what did we talk about? Let me pull your followup, Mr. Bell.
>> Thank you, your honor.
>> All right. So, um, are you coming? When is your sentencing set?
>> The 28th >> of June.
>> Yes. Yes, your honor.
>> I think it might be the 26th, judge. I think that's what I've got. That's what I have written down, but see, double check.
>> Sorry. I've been having computer problems all morning.
>> And it just like it's all of a sudden become very slow. It won't do anything.
Yeah. I'm going to release you today, Mr. Bell.
>> Thank you. You're welcome.
>> Um, was there Did we discuss a monitor at all?
>> No, I was hoping not because I got I need to go get a job in electrical engineer as well and then I have to fight for my kids. I got to get back in court to get that TPO thrown out. And I was going to request that I could I could you could schedule me for your veterans court again whenever you have that next.
>> Well, it's tomorrow. Well, can I go if about the phone because I want to get the protection order thrown out and I know you have a no contact and >> Oh, yeah. Well, can you come you >> I was going to say if he's available tomorrow, judge. It might be good to hook him up with Mr. Moss.
>> You know what? Why don't you can you come tomorrow?
>> Yes. Yes.
>> All right. Why don't we do that tomorrow? 10 and u let's do that.
>> So come here to see you at 10 tomorrow.
>> Correct.
>> Thank you, your honor.
>> All right. We'll release you on your own recgnizance again at this point in time.
Let's uh let's remember that Oh, you say she's been arrested?
>> I think so. I'm not 100% sure. I know that the kids were taken by children's services and and >> Oh, I Okay. Okay. Um where are that? You don't know where they are?
>> Yeah, they're at the grandmothers right now. So, I have two to go and talk to children's services and try to get this fixed.
>> Okay. All right. Um ju just remember until that protect and and I know this was kind of a technical violation that she doesn't want didn't really care that you guys the order protects her. So even if she gives you permission, it's still technically a violation. You understand that?
>> Yeah, I do.
>> Okay. So just so between now and the time you get the order withdrawn or dismissed, just stay away from no contact. Okay.
>> 100%. Now with my kids being there, if the grandmother needs money or food, am I allowed to help with that?
>> Is she there? No, I don't. No, >> I don't even have to do that.
>> Oh, your children are part of the protection, too.
>> Yeah. Can I send Can I send money?
>> Is this her mother or your mother?
>> Her grand it's her grandmother.
>> Oh, is your mother in the courtroom?
>> No, she was on her way since we were early. Yeah, my mother has been in contact. So, I can go through my mother if you would rather that.
>> Why don't we do this? Uh again, you got to be very careful because even if you have if you have someone contact your children on your behalf, that's still technically a violation. Don't want to get you in any further trouble.
>> Yes.
>> So, as far as money and money alone at this point in time, I don't care if you do if you send that through give that to your mother for her to take to the kid's grandmother on the other side. That's okay. But anything else, I'm telling you, is going to be how a police officer may observe it. So if somebody calls and complains and you've had that contact, it can be construed as a violation of the order. So you got to get the order dismissed first before you open up that contact. Okay. Sure.
>> All right. Let's do that. So I'll release you today. I'll see you tomorrow morning.
>> Thank you. You have a good rest of your day.
>> You too, sir.
>> You're welcome. We'll see you tomorrow.
>> Yeah. Hey, did you already do your interview for court service?
>> Did everything that you needed me to do for both?
>> You did the assessment and uh >> Yes. Open.
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