In criminal court proceedings, a judge must ensure a defendant fully understands the charges, the rights they are waiving by pleading guilty (including the right to a grand jury, trial, jury trial, burden of proof beyond reasonable doubt, cross-examination, and appeal rights), and the potential penalties before accepting a guilty plea. The defendant must demonstrate a knowing, intelligent, and voluntary waiver of these constitutional rights.
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He Called Her 1,000 Times a Day… Judge STOPS Him Instantly in Court!Added:
Mr. Robinson, were we able to hear what the prosecutor had to say regarding what she believes her intentions are here this this morning? Yes, sir. She indicated to the court she believes that your desire to wave your right to have this case presented to a grand jury. And I'll explain in a moment in more detail what that means. And then you're going to go ahead and plead guilty to the two charges in the information, which I will also review with you to make sure you understand what those are.
We will then if I accept or plead the first sentencing to a future day um where there's no agreement between the parties regarding any recommendations for sentencing. Each side's free to recommend to the court whatever sentence they think is the right thing to do. Is that your understanding of the discussions that took place between your lawyer and the prosecutor um before we came here today and more importantly what you want to do today?
>> Yes, sir. Well, before I can accept your plea, I need to make sure you understand everything going on here. I need to make sure you understand what it is you're charged with and pleading guilty to, all the rights you have that you give up, all the penalties you face. So, for me to determine those issues, I'm going to ask you a series of questions. If at any point when I'm asking you the questions, if you're unsure, unclear of anything I'm asking you, if you need anything repeated or clarified, if you want a moment to talk with your lawyer to ask her questions, or even if you want to ask me questions, make sure you let me know that cuz I need to make sure you understand everything going on. All right.
>> Yes, sir.
>> All right. Let's get started then. How old are you, sir?
>> Uh, 43.
>> Are you able to read and write the English language?
>> Yes, sir.
>> Do you have any difficulty with that or difficulty understanding what you read in the English language?
>> No, I do not.
>> Are you a US citizen?
>> Yes, sir.
>> Now, before you came into court here this morning, are there any drugs or alcohol of any kind?
>> No, sir.
>> What about in the last 48 hours?
>> No, sir.
>> Not even prescribed medication? Nothing?
>> No, sir.
>> Now, did you receive a copy of the information that was filed in this case?
That's the document that sets forth the specific charges you're accused of committing and what you're going to be admitting to.
>> Yes, I did.
>> And did you have a chance at some point to look that over?
>> Yes, sir.
>> Now, in that information, you are charged with two counts. to count one was the last year and what year you'll be admitting to is honored between August 1st of 2025 and September 16th of 2025 in Painville Township of Blake County, Ohio that you did knowingly make or cause to be made a telecommunication or knowingly permit a telecommunication be made from a telecommunications device under your control to another person and the caller knowingly made the telecommunication to Nicole Knap who is the recipient of the telecommunication to another person at the premises to which the telecommunications telecommunication is made or to those premises and the recipient or another person at the premises previously had told the caller not to make a telecommunication at those premises or to any other person at those premises.
It's further alleged that you have previously been convicted or plead guilty to telecommunications harassment in the will of municipal court back on December 22nd of 2020. That conduct with the prior conviction constitutes the offense of telecommunications harassment. It's a felony of the fifth degree. Do you understand why you're charged with pleading guilty to account one?
>> Yes, sir.
>> Any questions for me about it?
>> No, sir.
>> Now, there's a four picture specification alleged in this count which alleges that you during the commission offense had a cell phone which was used as an instrumentality.
instrumentality of some type of property used to facilitate or to commit an offense and that you the cell phone was used by you to commit this offense of telecommunications harassment. The purpose of this is that you forfeit any ownership or interest you have in that specification. It doesn't increase any potential penalty or incarceration you face but just allows the state to be able disposable property. Any questions about that?
>> No, sir.
Now, count two, what's alleged here and what you're admitting to is honor between May 1st, 2025 and September 16th of 2025 in Pa Township, Lake County, Ohio, that you did by engaging in a pattern of conduct knowingly caused Nicole Nap to believe that you would cause physical harm to her or a family or household member of hers or cause mental distress to her or a family or household member of hers. That kind of constitutes the offense of messing by stalking. It's a misdemeanor of the first degree. Do you understand what you're charged with in pleading guilty to in regards to count two?
>> Yes, sir.
>> Any questions about it?
>> Yes, sir.
>> Well, then before I can accept your guilty plea of these charges, I need to make sure you understand all the rights you're given up by pleading guilty. And you first of all, I have the right to have this case presented to a grand jury. So, the document I just read to you is called information. and information is a criminal charge brought by the prosecutor's office without the case having previously been reviewed or considered by what we call a grand jury.
A grand jury is a a group of citizens who get together and they meet privately. They meet in secret for the purpose of evaluating evidence in cases to determine whether probable cause exists that someone committed a crime.
Probable cause is defined as excuse me some evidence that would suggest a person probably committed a criminal offense. Everyone in the state of Ohio accused of a felony has the right to have a grand jury independently review the evidence in a case and make a decision without the government being above that decision whether someone should be charged or not. You have that right as well. But you can give up that right if you desire and go forward and the charge charges brought by the prosecutor the information and your attorney has indicated she believes that's what you want to do. Is that correct?
>> Yes. But before I can go any further, I need to have you acknowledge that here in open court in writing. And I have in my possession up here a one-page document called a waiver of indictment, which sets forth what I've just explained to you about the grand jury process and that you want to give up that right. Before I can go any further, I need to be assured you understand what's in this document and that you sign it here in open court. Now, my understanding is before I came out here, you had a chance to go over that document with your lawyer. Is that correct?
>> Yes, I did, sir. Miss Thomas, is that accurate? Did you read this over with Mr. Robinson? Review with him. Answer his questions.
>> Yes, your honor.
>> Did he indicate an understanding of you when you did that?
>> He did, your honor.
>> Is that correct, Mr. Robinson?
>> Yes, sir.
>> Any questions for me about what it says?
>> No, I did not.
>> It also appears that you signed the document. Did you sign it?
>> Yes, I did.
>> Miss Tomic, did you witness that?
>> Yes, your honor.
>> This cuts you as well?
>> Yes, your honor.
>> Very well. I'll make this document part of the record. At this point, Mr. Robinson, I'm going to review with you all the other rights you have that you give up by pleading guilty. And you first of all have a right to a trial.
And a trial would be me as a judge. I listen to all the evidence and I make that ultimate decision whether you're guilty or not guilty of each charge. But you also have a constitutional right to have a jury trial. The jury trial will be in front of 12 citizens here from Lake County who would listen to all the evidence each side wanted to present.
Those jurors would consider and weigh all that evidence and then those jurors would make that ultimate decision. And that ultimate decision reached by the 12 jurors would have to be a unanimous decision. Unanimous means all 12 of them would have to agree together one way or the other whether you're guilty or not guilty. Do you understand that?
>> Yes, sir.
>> Do you understand? By pleading guilty or giving up your right to have a trial in this case?
>> Yes, I do.
>> Now, if we did have a trial, the prosecutor here will be representing the state of Ohio and she would have what we call the burden of proof. with her having to burn a proof. What that actually means is that it is her job or she bears the responsibility or the obligation of proving you guilty before you can ever be found guilty or presumed innocent of these charges. And that presumption of innocence stays with you and remains with you until the state, if at all, is ever able at a trial to overcome that presumption of innocence and prove you guilty. Do you understand that?
>> Yes, sir.
Now, when I talk about this burden of proof, since this is a criminal case, the burden is what we refer to as proof beyond a reasonable doubt. And what that is, that's the that means the state of Ohio, what it is, is the amount of the evidence, the quality of that evidence the state would have to present at a trial to prove you guilty. So, in this case, the state of Ohio would have to present evidence to prove each element or each part to those charges I read to you beyond any reasonable doubt before you could ever be found guilty of any of those charges. Do you understand that?
>> Yes, I do. You understand by pleading guilty or giving up your right to make the prosecutor prove you guilty beyond their reasonable doubt?
>> Yes, your honor.
>> Now, in order to try to do that, if we're going to have a trial, the prosecutor would bring witnesses to come to court um to testify to the state by answering questions from the prosecutor.
Once those witnesses answer the prosecutor's questions, then your lawyer would have the right uh on your behalf to ask those same person's questions.
That's called cross-examination.
Um she could ask them anything she wanted to within certain rules. Do you understand that? Yes, sir.
>> Do you understand by pleading guilty, you're giving up your rights to cross-examine or confront those witnesses that would come in here and testify against you?
>> Yes, I do.
>> Now, you also have the right at a trial.
You can call your own witnesses to come to court to testify for you if you wanted to and answer your lawyer's questions. Now, you don't have to do that. You're not you're not required to do that, but you have a right to do that if you wanted. Do you understand that?
>> Yes, sir.
>> And you further can request the court issue an order. We call that order a subpoena. What a subpoena would actually do is it would force or make someone come to court and testify for you and answer your lawyer's questions if they weren't willing to come involuntarily on their own. You understand that?
>> Yes, sir.
>> Do you realize you're giving up that right?
>> I do.
Now, you also have the right to trial.
You could choose to testify on your own behalf if you wanted to, but you do have a constitutional right not to testify if you don't want to. That is a decision or a choice that you would have to make. Do you understand that?
>> Yes, sir. And since that's your choice, what that um really means then is that nobody else could force you or make you nobody could compel you to testify against yourself in a trial if you don't want to. I can't make you testify. But most importantly, the prosecutor here is not allowed to call you as a witness and make you get about to stand here and answer questions and testify. Your own lawyer can't make you testify if you didn't want to. You understand that?
>> Yes, sir. You further understand that if we didn't go to trial, you were found guilty of any of these charges, you would have the right to appeal or challenge that guilty finding to another court, a higher court that sits above me and reviews my decisions. By pleading guilty here today, you're giving up or waving any right you have to appeal a guilty finding. This court will enter if your plea is accepted, as well as any other issues you could have raised or brought to my attention up to this time.
You understand that?
>> Yes, your honor.
>> All right. All right. Well, there you have any questions at all about these rights we just discussed. These are all the rights you have and all the rights you give up by pleading guilty. Any questions?
>> No, sir.
>> Do you understand them all?
>> Yes, I do.
>> Do you still want to plead guilty?
>> Yes.
>> Do you understand that a guilty plea um is a complete admission of guilt? It means you're admitting to the facts being alleged by the prosecutor. We're not going to argue later that you didn't do this or it's someone else's fault or anything like that. Do you understand that?
>> Yes, sir. Further, as a result of pleading guilty, the effect of that plea is that you'll be found guilty by the court and then you will subsequently in another day be sentenced by the court.
That now as far as possible penalties go, you're pleading guilty in count one to a felony of the fifth degree. This offense is punishable by a possible term in prison of a minimum of 6 months, a maximum of 12 months, or any whole number in that range of 6 to 12. Do you understand that?
>> Yes, sir. Now, count two is a misdemeanor in the first degree and this is punishable by a possible term of global incarceration in the county jail of up to 180 days. Do you understand that? Yes.
Now, if I were to impose a prison sentence on the first count of felony charge, telecommunications harassment, any sentence on the misdemeanor charges, the stalking charge by law has to be served concurrent with the prison sentence. meaning and concur means together at the same time. I do not have the authority to run a jail sentence consecutive to a prison sentence. So with this case, the maximum sentence prison sentence you face is 12 months in prison. You understand that both charges?
>> Yes, sir.
>> Now you're currently on probation or parole between the courts or agencies?
>> No, ma'am. You have any other charges ped against you anywhere?
>> No, sir.
If a prison sentence were imposed on count one upon your release from prison, you could be placed on what we call postrelease control, sometimes called parole. That's a period of supervision would be on after you completed and served the entire prison sentence. And in this case, uh it could be up to two years. You understand that?
>> Yes, I And if you are on post release control at any point or violated any conditions of your supervision, the pro authority can return you to prison as punishment for violating their rules for another 9 months for each violation you commit up to an overall maximum of 50% or half of whatever the prison term was imposed by the court. Do you understand that?
>> Yes, sir.
>> Now, aside from the possible prison sentence I just mentioned, there's other sanctions that could be imposed. Um, you could be fined in this case on count one. the felony charging be fined up to $2,500. On the misdemeanor charge count too, that carries with it a possible maximum fine of $1,000. So altogether, that's a maximum possible fine of $3,500.
Do you understand that?
>> Yes, sir.
>> You could also be ordered to pay court cost or reimburse the county for any cost of confinement, community supervision, or treatment if any that were applicable. Do you understand that?
>> Yes, I do. And I don't know if it's applicable, but you can also pay restitution if that's applicable to any victim for any economic loss a victim may have suffered as a result. Do you understand that?
>> Yes, sir.
>> Lastly, as I alluded to earlier, the forefeiter specification will require the court at the time of sentencing to um forfeit any ownership interest you have in the cell phone that was used in the commission of this offense. You understand that?
>> Yes, I do.
>> Now, if you don't explain the possible prison sentence, I use the word possible because prison is not mandatory. you are eligible for probation or what is called community control sanctions. You understand that?
>> Yes, sir.
>> Do you understand that? Just because you're eligible doesn't mean you will automatically be put on probation means I'll consider that if that's what you're requesting.
I'll look at all the information presented. Then I'll make the decision I think is the right thing to do. Do you understand that?
>> Yes, sir. Now, if you are put on probation, it could be up to 5 years of supervision. And as the judge, I have the authority or the ability to order um a wide variety of rules or conditions for you to follow. One of the conditions could be an order that you serve a term in the Lake County jail of up to 6 months, the condition of probation. So just because if you were to get probation doesn't automatically mean there's no incarceration. It could be local incarceration in the county jail up to 6 months. Do you understand that?
>> Yes, sir. And if you were put on probation and you ever violated any of the uh conditions or rules, we would have a hearing here in court to see if you're what's called a probation violator. And if you were found to be a probation violator, I could at that point um extend your probation to 5 years. If it wasn't originally 5 years, I could order more restrictive sanctions, including local jail time, or I could terminate your probation, send you to prison at that point. sent you to prison. Then uh again, that could be um 6 to 12 months on count one of the felony charge and that could be consecutive to another prison sentence that you may be serving at that time for something else or that you're being sentenced to if there's a new case that uh you're being sentenced for at the same time. You understand that?
>> Yes, sir.
>> Lastly, when we do proceed to the sentencing hearing, you're going to have the right at that time to say anything you want. Anything you'd like me to know or consider. Um your lawyer can speak on your behalf.
She can recommend a sentence to the court, the prosecutor could also recommend a sentence to the court. Do you understand that?
>> Yes, I do.
>> Do you understand that whatever the lawyers have to say at the time of sentencing regarding what they think the sentence should be?
It is just what I said, it's a recommendation. I have to follow that if I didn't think that was the right thing to do. Do you understand that?
>> Yes, I do.
>> Very well. Do you have any questions at all regarding um the potential penalties you face by pleading guilty to this charge, these charges?
>> No, I do not, sir. Do you understand all the possible consequences?
>> I do.
>> And do you still want to plead guilty?
>> Yes, sir.
>> Have you had enough time to discuss this case with your lawyer, have you review the reports with you, discuss whatever issues, if any, there may be, and answer whatever questions you may have?
>> Yes, I have, sir.
>> Are you satisfied with the advice and counsel of your lawyer?
>> Yes, I am. Has she or anyone else made any promises to you about what's going to happen at sentencing which is inducing you to plead guilty here today?
>> No, sir.
>> Have you been threatened or coerced by anyone to plead guilty?
>> No, I have not.
>> So, are you entering this guilty plea freely involuntarily?
>> Yes, sir.
>> All right, then. Mr. Robinson, any questions for me at this time regarding anything we just talked about? What you're pleading guilty to, the rights you have, the penalties you face, any questions?
>> No, I do not, sir.
>> Do you need any more time to speak with your lawyer before we go forward with the actual plate? No, sir.
>> All right. Then what's going to happen at this point? The prosecutor here is going to explain for me what she believes the facts would show at trial if we had a trial. I want you to listen to her cuz I have some questions for you about that. All right. Okay.
>> Thank you, your honor. Had this matter proceeded to trial, the state would have proven beyond a reasonable doubt that on September 15th of 2025, shortly before 1:00 p.m., Nicole Nap went and spoke with the Lake County Sheriff's Office deputy regarding harassment and concerns involving Zachary Robinson, the defendant.
is now had filed for a protection order and was making a report to the Lake County Sheriff's Office as well that she had been receiving numerous phone calls, voicemails, and messages from the defendant. She had met him multiple years prior.
Since at least May of 2025, he had begun making phone calls, voicemails, messages, going to her residence on Clipper Cove in Paysville Township County, Ohio, as well as calling her there, sending deliveries there, as well as to her employment.
During the time frame of them knowing each other, she had made multiple reports to Lake County Sheriff's Office going back to at least June of 2023, where an officer did contact defendant and advised him to stop contacting Miss N. There was also reports June 10th of 2025 where again a deputy spoke with the defendant telling him to stop contacting her.
In addition, Matt had asked the defense to stop contacting her as well. That September 15th date while she was with the deputy, the defendant did begin to call her while she was with the deputy himself.
They answered the phone. He was asked to stop calling her again. He indicated he would continue to call her um and did so while with the deputy.
Miss Nap was able to show that there were multiple days where the defendant called her multiple hundreds of times up to a thousand times in a single day that she was not answering that her phone was just setting up um to show how many calls as well as he was filling her voicemail to the point that she couldn't get voicemails from other individuals.
This was especially heavy through August of 2025 and September of 2025 up to the day after She met with the deputies.
Prior to that, as stated, he had been going to her home at times where she was not answering. back until May of 2025.
She had a blink camera that showed multiple times of the defendant coming to her residence to the point that Miss Nap felt she couldn't leave her home and was concerned about where he would show up or where he would send her things or contact her or show up at children her children's events and things of that nature.
Law enforcement did speak with the defendant at a later date where he indicated um that he had called her dozens upon dozens of times in a day, admitting that he could have contacted her over 500 times in a 24-hour period.
All of this occurring mainly in pain county Ohio but in Lake County Ohio. The defendant does have a prior conviction for telecommunications harassment in municipal court case number 20 CRB 1046 dated December 22nd of 2020.
It was found that he was mainly using his cell phone for these contacts and that is the evidence the state would have provided.
Thank you.
Mr. Robinson, were you able to hear what the prosecutor just had to say regarding what she believes the facts should show if we have a trial?
>> Yes, sir. What if anything good to say about those facts as she presented them?
Are they true? Did you do what you said?
>> Yes.
>> Very well. Regarding count one, charging with telecommunications, harassment, a felony of the fifth degree. What is your ple with the forefeiter specification?
What is your ple of that at this time?
>> Uh, guilty, sir.
Regarding regarding count two, charging you with charging you with menacing by stalking a misdemeanor of the first degree. What is your ple of that count? Guilty, sir.
>> I already have in my possession here another document. This one's called a written ple of guilty and judgment entry which sets forth everything we just talked about. Before I can accept your plea, I need to make sure you understand this document. They sign it here in open court. Now, my understanding is before I came out here, you had a chance to go over this document with your lawyer. Is that correct? Yes, I did. Mr. Thomas, is that accurate? Did you read this over with Mr. Robinson? Reveal with him, answer his questions.
>> Yes, your honor.
>> Did he indicate an understanding of it to you?
>> He did, your honor.
>> Is that correct, Mr. Robinson?
>> Yes, sir. You understand what this document says?
>> I do.
>> Do you have any questions for me about it?
>> No, I do.
>> Now, it also appears you signed the document. Did you sign it?
>> Yes, sir.
>> You witness that, M. Thomasick?
>> Yes, your honor.
>> Miss Cuts?
>> Yes, sir.
>> Very well. At this time, the court will accept the defendants's oral and written plea of guilty. Let the record reflect.
Defend was here in open court with his lawyer. Advised the vow's constitutional rights made a knowing intelligent voluntary waiver of those rights. Court also finds the defendant understands the nature of the charge. The effect of the guilty plea as well as a maximum ping that can be imposed. Finding this be knowing, intelligent, and voluntary, the court will accept the defendants's plea.
find the defendant guilty of count one telecommunications harassment in violation of 2917 2185 with the forfeiter specification as well as count two mening by stalking a misdemeanor of the first degree in violation of 2903.21181 21181.
I will defer sentencing order presets report investigation of victim impact statement. You requesting any other evaluations?
>> Um I know Miss Cuts indicated a psychological evaluation. Your honor, would you be okay with the psychological evaluation?
>> Psychological evaluation as well. a continued bond at $10,000 cash 10% with an order they have no contact in any manner whatsoever with the victim or victim's family means you can't talk to her in person call her text her email any any type of communication you can't cause anyone else to have any communication with her also have no firearms cuts is there anything else >> your honor there is a protection order in place I know at one point one of the conditions was that he abided by the protection order. I know you did the no contact, but >> there's a protection
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