Middletown City Jail Criminal Court Process
Criminal Court Process for Butler County Ohio
Butler County, between Cincinnati and Dayton, has its seat in the city of Hamilton, and its other population centers are Middletown, Fairfield, Oxford, Monroe, Trenton and the large suburban townships of West Chester and Liberty. Misdemeanor, OVI and traffic cases are split among three municipal courts (Hamilton, Middletown and Fairfield) and three Butler County Area Courts (Area I in Oxford, Area II in Hamilton and Area III in West Chester), each with its own territory, and every felony starts in one of those six courts. Indicted felonies are tried in the Butler County Court of Common Pleas at the Government Services Center on High Street in Hamilton. The elected Butler County Prosecutor handles felonies, while city prosecutors take misdemeanors in the municipal courts, and the Sheriff runs the county jail complex on Hanover Street in Hamilton.
- Butler County Court of Common Pleas, General Division, Government Services Center, 315 High Street, 5th Floor, Hamilton, OH 45011, (513) 887-3278
- Butler County Juvenile Court, Juvenile Justice Center, 280 North Fair Avenue, Hamilton, OH 45011, (513) 887-3317
- Butler County Prosecutor's Office, Government Services Center, 315 High Street, Hamilton, OH 45011, (513) 887-3474
- Butler County Public Defender, Government Services Center, 315 High Street, 8th Floor, Hamilton, OH 45011, (513) 887-3540
- Butler County Jail (Butler County Sheriff's Office), 705 Hanover Street, Hamilton, OH 45011; jail (513) 785-1345
Which court hears your case. Butler County's misdemeanor courts are organized by map. An offense inside the City of Hamilton goes to Hamilton Municipal Court, one inside Middletown to Middletown Municipal Court, and one inside Fairfield to Fairfield Municipal Court. Elsewhere, the Area Courts take over: Area III on Beckett Road serves West Chester and Liberty townships, Area I in Oxford hears cases from Oxford and Butler's rural west, and Area II at the Historic Courthouse in Hamilton covers the remaining townships and villages. Monroe, Trenton and Seven Mile operate mayor's courts for local ordinance and traffic citations; there is no jury in those courts, and a defendant may transfer the case to the municipal or area court for that location. A felony is filed first in whichever of those six courts covers the scene; that court arraigns the defendant, fixes the bond and can conduct a preliminary hearing. Indictment by Butler grand jurors, or the defendant's agreement to a bill of information, then sends it to the Common Pleas General Division. Appeals are heard by the Twelfth District Court of Appeals.
Where pretrial detainees are held. Adults arrested anywhere in Butler County, whether the arresting officer works for Hamilton, Middletown, Fairfield, Oxford or West Chester, for the Sheriff or for the Highway Patrol, are booked into the Butler County Jail, the Sheriff's correctional complex at 705 Hanover Street in Hamilton. Detainees who cannot make bond remain in Sheriff's custody until their cases end, and the county jail system includes additional housing beyond the main building. The jail can be reached at (513) 785-1345 for questions about custody status, bond and visits.
- Local courts in Butler County (municipal, county and mayor's courts)
- After an arrest in Butler County: booking, bond and first appearance
- The Butler County Jail on Hanover Street
- Public defender, prosecutor and diversion in Butler County
- Specialty dockets in Butler County courts
- Misdemeanor (for example, petty theft, a first OVI, assault, criminal trespass)
- Felony (for example, burglary, felony theft, drug trafficking, felonious assault)
- Violent felony (for example, murder, rape, aggravated robbery)
- Juveniles (under 18) arrested in Butler County
- Federal cases (U.S. District Court) from Butler County
Local courts in Butler County (municipal, county and mayor's courts)
Six full-time lower courts and three mayor's courts share Butler County's first-level criminal and traffic caseload. The ticket or complaint names the court; if in doubt, call the clerk for the city or township where the incident took place. Butler's county courts are officially called "Area Courts," numbered I, II and III.
Municipal courts
- Hamilton Municipal Court — 345 High Street, 2nd Floor, Hamilton, OH 45011, (513) 785-7300. Covers the City of Hamilton.
- Middletown Municipal Court — 1 Donham Plaza, Middletown, OH 45042, (513) 425-7802. Covers the City of Middletown and surrounding territory assigned to it in the northeast part of the county.
- Fairfield Municipal Court — 675 Nilles Road, Fairfield, OH 45014, (513) 867-6002. Covers the City of Fairfield.
Area (county) courts
- Butler County Area I Court — 118 High Street, Oxford, OH 45056, (513) 523-4748. Generally serves the City of Oxford, home of Miami University, and the rural western townships.
- Butler County Area II Court — Historic Butler County Courthouse, 101 High Street, Hamilton, OH 45011, (513) 887-3459. Generally serves the central and northern townships and villages outside the municipal court cities.
- Butler County Area III Court — 9577 Beckett Road, West Chester, OH 45069, (513) 867-5070. Serves West Chester and Liberty townships in the county's southeast.
Mayor's courts
- Monroe Mayor's Court — City of Monroe Urban Center, 233 South Main Street, Monroe, OH 45050, (513) 539-6201
- Seven Mile Mayor's Court — Village of Seven Mile, P.O. Box 259, Seven Mile, OH 45062, (513) 726-5565
- Trenton Mayor's Court — 11 East State Street, Trenton, OH 45067, (513) 428-0101
Mayor's courts in Monroe, Trenton and Seven Mile handle local ordinance and traffic matters only and have no juries. A person cited there can move the case to the municipal or area court covering that city or village.
After an arrest in Butler County: booking, bond and first appearance
Booking. Whichever agency makes the arrest, the person is usually transported to Hanover Street in Hamilton for fingerprinting, photographs, a warrant check and a medical screening. Booking can take several hours on a busy weekend night.
Getting released. Most Butler courts publish a misdemeanor bond schedule, and the listed amount can often be paid at the jail right away. Bond may be paid in cash, through a licensed bail bondsman (commercial surety bonds are lawful in Ohio), or, for some low-level charges, by signing a recognizance. A judge normally decides release personally for serious felonies, domestic violence arrests and high-test OVIs. Ohio voters changed the state constitution in 2022, so a Butler judge picking a bail amount must look at community safety, prior convictions, how serious the Butler offense is, and whether the person will return to court.
First appearance. Anyone still held is brought before a judge of the municipal or area court for the place of the offense, generally the next weekday, with the defendant usually on a video screen at Hanover Street. At that hearing the charge is read, the right to counsel is explained, the Public Defender is appointed for those who qualify, and bond and conditions are set. Common conditions include no contact with an alleged victim, alcohol or drug monitoring, GPS, or reporting to a pretrial supervision officer.
Felony timing. Criminal Rule 5(B) sets a felony preliminary hearing no later than 10 consecutive days after arrest for a Butler detainee, and 15 days for someone released. Many Butler felony cases skip that hearing because the grand jury returns an indictment first.
The Butler County Jail on Hanover Street
The Butler County Sheriff's Office runs the county's adult jail system, centered on the correctional complex at 705 Hanover Street in Hamilton. It is the booking and holding point for every police department in the county, as well as for deputies and troopers. Pretrial detainees awaiting hearings in the six lower courts and in Common Pleas share the system with people serving local sentences.
The jail system also includes a separate facility used for treatment-oriented programming, sometimes called the Resolutions program, which focuses on addiction recovery for eligible inmates. Video court appearances from the jail are routine, which reduces transports to the outlying courts in Oxford, Middletown, Fairfield and West Chester.
Families can call the jail at (513) 785-1345 to find out whether someone is being held, what bond was set and by which court, and to ask about visitation, commissary deposits and property release. A person held on a Butler County warrant from another county or state may also be waiting there for transport.
Public defender, prosecutor and diversion in Butler County
Butler County Public Defender
The Butler County Public Defender, on the 8th floor of the Government Services Center at 315 High Street, (513) 887-3540, represents adults who cannot afford a lawyer in the municipal courts, the area courts and Common Pleas, as well as eligible youths in Juvenile Court. Eligibility is decided from a financial affidavit, usually completed at the jail or at the first appearance. Ohio law allows a modest application fee, which can be waived. Where a conflict blocks the office, for instance because it already has a co-defendant as a client, a private attorney from the court's appointment roster takes the case.
Butler County Prosecutor
The elected Butler County Prosecutor, whose office is also in the Government Services Center, (513) 887-3474, takes felonies before the grand jury and into Common Pleas trials, brings juvenile delinquency cases, and prosecutes state-law misdemeanors in the three area courts. Misdemeanors in Hamilton, Middletown and Fairfield municipal courts are generally handled by those cities' law directors or prosecutors, who may also prosecute for nearby townships by agreement.
Diversion and treatment-based options
Butler County offers several ways to resolve a case without a conventional conviction. Prosecutor-run diversion programs may be available for some first-time, lower-level felony and misdemeanor offenders, typically requiring restitution, classes, community service and a period of good behavior, after which charges are dismissed. Ohio's intervention in lieu of conviction (ILC) statute allows a qualifying Butler defendant, whose offense was fueled by drugs or alcohol, to plead, finish court-supervised treatment and then see the charge dismissed. Defense counsel can say whether a particular case qualifies.
Specialty dockets in Butler County courts
Ohio's specialized dockets combine close judicial supervision with treatment, and the Supreme Court of Ohio certifies them. Participants in Butler County appear in court often, submit to drug and alcohol testing, attend counseling, and earn incentives or sanctions as they progress. Entry is voluntary but screened: the judge, the prosecutor and the treatment team must agree the defendant is a fit.
Statewide, specialty dockets fall into the types below, and Butler County courts have used several of them:
- Drug and addiction treatment dockets: for defendants whose offenses stem from substance use disorders, including opioid addiction, which has hit Hamilton and Middletown hard.
- OVI-focused supervision: repeat impaired drivers may be placed on intensive monitoring with treatment, interlock devices and testing.
- Mental health dockets: aimed at defendants whose serious mental illness contributed to the offense.
- Veterans treatment dockets: connecting justice-involved veterans with VA services and peer mentors.
- Human trafficking (CATCH-model) dockets: for people charged with prostitution-related or other offenses who are survivors of trafficking.
Which dockets operate, and in which of Butler's seven criminal courts, changes over time. A defense attorney or the Public Defender can say what is currently available where the case is pending and how to apply. Graduating from a docket may bring reduced charges, a dismissal, or community control in place of incarceration.
Misdemeanor (for example, petty theft, a first OVI, assault, criminal trespass)
Misdemeanor volume in Butler County is high. Shoplifting cases from the retail corridors along Route 4 and Union Centre Boulevard, OVI arrests on I-75 and Route 129, campus-related citations in Oxford, and domestic violence cases in every city keep the six lower courts busy. Lower-level charges frequently start with a ticket listing a court date, not a ride to Hanover Street.
How the case proceeds
Pleas at a Butler arraignment are guilty, not guilty or no contest. Anyone facing jail time who cannot pay a lawyer can ask for the Public Defender. The case then moves to pretrial conferences, where the city or county prosecutor and defense counsel discuss evidence such as body-camera video and lab results and negotiate. A Butler misdemeanor goes to the bench unless defense counsel files a written jury demand; then a panel of eight Butler jurors decides it. The statute gives Butler prosecutors 90 days on M1 and M2 cases and just 45 on M3 and M4 cases, not counting delay the defense causes.
Maximum penalties
- Petty theft (under $1,000 in property): a first-degree misdemeanor with a 180-day, $1,000 ceiling.
- Assault: usually M1, same limits. Assault on certain protected persons can be charged more seriously.
- Criminal trespass: M4, up to 30 days and $250; aggravated trespass is an M1.
- M2: up to 90 days and $750; M3: up to 60 days and $500; minor misdemeanor: up to $150, with no jail.
- First OVI: M1. Ohio requires three consecutive days in the Hanover Street jail or, in their place, a 72-hour program for impaired drivers; the floor rises to six days after a chemical test of .17 or more or certain refusals. On top of that, the Butler court levies a fine (at least $375, at most $1,075) and orders a one-to-three-year license suspension, which runs on top of the BMV administrative suspension already in place. Work, school and treatment privileges are commonly allowed, and installing an ignition interlock can open up unrestricted driving.
Typical outcomes
Some Butler misdemeanors are dismissed or diverted, some close through intervention in lieu of conviction, and the remainder end in a fine, community control (probation) or jail. A first offender charged with shoplifting, for instance, often completes diversion or receives a fine and probation. Many convictions can later be sealed. Most cases are resolved within one to four months.
Felony (for example, burglary, felony theft, drug trafficking, felonious assault)
From lower court to Common Pleas
- Complaint. Filed in the municipal or area court where the offense occurred, such as Hamilton Municipal Court for a burglary on the city's east side or Area III Court for a West Chester theft.
- Initial appearance and bond. Usually the next business day; counsel is appointed for a qualifying defendant, and the judge sets a recognizance, 10 percent or cash/surety bond with conditions.
- Preliminary hearing. Ten consecutive days for a Butler defendant in jail, fifteen for one who is out, unless an indictment arrives sooner. A probable-cause finding "binds over" the case to the grand jury.
- Grand jury. The Butler County grand jury meets in private in Hamilton and hears the Prosecutor's witnesses. It may indict, decline to indict, or indict on different charges. Defendants pleading early sometimes waive indictment so the case can go forward on a bill of information.
- Arraignment in Common Pleas. A Common Pleas judge at the Government Services Center receives the case, takes the plea and may revisit bond.
- Discovery and pretrials. Police reports, recordings, lab analyses and witness statements are exchanged under Criminal Rule 16. Motions to suppress evidence or dismiss charges are heard.
- Trial or plea. The 270-day felony speedy-trial period runs from the arrest, and Butler jail days on the pending charge count three to one. Negotiated pleas end most cases; a guilty verdict requires all 12 jurors.
- Sentencing. The court usually orders a presentence investigation by the Butler County Adult Probation Department before imposing sentence.
Sentencing ranges
- F5: 6 to 12 months. Theft of $1,000 to $7,500. Ohio presumes nonviolent first offenders at this level will receive community control in many cases.
- F4: 6 to 18 months. Theft of $7,500 to $150,000.
- F3: 9 to 36 months; a 12-to-60-month range for listed offenses. Burglary of a structure where no person is likely present.
- F2: 2 to 8 years. Felonious assault; burglary of a home with someone likely present.
- F1: 3 to 11 years. Aggravated burglary.
Drug trafficking ranges from F5 to F1, scaled to the type and amount of drug; large fentanyl cases can also carry major drug offender specifications. For Butler F1 and F2 offenses committed after March 21, 2019, Reagan Tokes sentencing applies: a Butler judge sets a minimum term, and prison authorities may add as much as half that minimum again. Gun specifications carry their own mandatory prison terms, served ahead of the base sentence. For defendants with addiction, intervention in lieu of conviction or a treatment docket may offer another path.
Butler felonies typically reach sentencing four to twelve months after arrest.
Violent felony (for example, murder, rape, aggravated robbery)
Homicides, sexual assaults and armed robberies in Butler County are investigated by city detectives or the Sheriff's Office, at times assisted by state investigators, and prosecuted by experienced trial attorneys in the Prosecutor's office. The first appearance still takes place in the municipal or area court, but bonds in these cases are typically very high, and the Prosecutor may request a hearing to deny bail altogether.
- Aggravated murder: the sentencing options are death, life without any parole, and a life term whose earliest parole date is 20, 25 or 30 years out. Butler County has tried capital cases before, and although Ohio keeps the death penalty, its last execution took place in 2018.
- Murder: 15 years to life.
- Rape: an F1 punished under Reagan Tokes with an indefinite term and sex-offender registration; life imprisonment is possible for a child victim under 13 when force or another aggravating fact is proven.
- Aggravated robbery: an F1, regularly charged along with a gun specification and its mandatory years.
Marsy's Law gives Butler County victims constitutional rights: notice, presence in the courtroom, the opportunity to address the judge at bond, plea and sentencing, and restitution. The Prosecutor's victim services staff work with victims throughout. Expect a year or two, frequently more, particularly when forensic testing, expert witnesses or competency evaluations are involved.
Juveniles (under 18) arrested in Butler County
Butler youths under 18 accused of offenses go before the Juvenile Court, a Common Pleas division located in the Juvenile Justice Center at 280 North Fair Avenue in Hamilton, (513) 887-3317. The Butler County Prosecutor files delinquency complaints.
Intake and diversion
Each referral is screened by the court's intake staff. Intake frequently keeps first or minor cases unofficial, or routes them to diversion with counseling, restitution, service hours or classes; completing it avoids a delinquency finding. Formal cases begin when the youth admits or denies the complaint at a first hearing.
Detention
Butler County operates its own juvenile detention center within the Juvenile Justice Center complex on North Fair Avenue. Youths the court will not send home are held on site, and a magistrate or judge must decide at a detention hearing that must occur within 72 hours of admission, or sooner when a court day falls first, whether they stay.
Outcomes and transfer
- Probation with conditions such as service hours, restitution, counseling, electronic monitoring or residential treatment.
- For felony-level conduct, commitment to DYS, Ohio's youth corrections department.
- Mandatory bindover to adult court on High Street, which Ohio law demands when some 16- or 17-year-olds, or in narrow cases 14- or 15-year-olds, face the gravest charges.
- Discretionary bindover of a Butler youth aged 14 or more, decided at an amenability hearing.
- A Serious Youthful Offender sentence, combining juvenile consequences with an adult term the court keeps suspended.
Butler juvenile court records are generally confidential, and families can often have them sealed later. The Butler County Public Defender represents eligible youths.
Federal cases (U.S. District Court) from Butler County
The Southern District of Ohio's Western Division has federal jurisdiction over Butler County, and federal cases from Hamilton, Middletown, Fairfield and the townships are generally heard in Cincinnati, even though Dayton is also close by.
Federal contacts
- Potter Stewart U.S. Courthouse, 100 East Fifth Street, Cincinnati, OH 45202
- U.S. Attorney's Office (Cincinnati), 221 East Fourth Street, Suite 400, Cincinnati, OH 45202, (513) 684-3711
- Federal Public Defender (Cincinnati), 250 East Fifth Street, Suite 350, Cincinnati, OH 45202, (513) 929-4834
- U.S. Marshals Service, Potter Stewart U.S. Courthouse, Room 130, Cincinnati, OH 45202, (513) 684-3594
What becomes a federal case
A Butler matter is prosecuted federally when it violates federal law and investigators (FBI, DEA, ATF, HSI, postal inspectors and others) present it to the U.S. Attorney. With I-75 running through the county, Butler federal cases often involve drug trafficking organizations, firearms crimes by people prohibited from possessing guns, bank robbery, child exploitation, and fraud schemes.
Federal procedure
After a federal arrest, the Butler defendant goes before a U.S. magistrate judge in Cincinnati, who makes sure a federal defender or CJA lawyer is assigned when the person cannot pay. Prosecutors who want detention usually get a hearing within three court days, at which the Bail Reform Act controls the outcome: release under U.S. Pretrial Services supervision, or detention. Bondsmen do not operate in federal court. Federal grand jurors have 30 days to indict a case begun by complaint; under the Speedy Trial Act, trial should follow within 70 days, although extensions are common. Guilty pleas are the usual result; a federal trial verdict needs all 12 jurors.
Sentencing and custody
U.S. Probation's presentence report comes before sentencing, and the Cincinnati judge must apply any mandatory minimum while treating the Guidelines as advisory. Without federal parole, a Butler defendant is imprisoned for roughly 85 percent of the federal sentence (after good-conduct credit) and then supervised release. Appeals go to the Sixth Circuit. The U.S. Marshals keep detainees in contract facilities, and the Federal Bureau of Prisons inmate locator allows relatives back home in Hamilton to search for a Butler County defendant by name or register number. Hamilton-area defendants waiting for trial at a jail under contract could be listed on the jail's roster. Juveniles are seldom prosecuted federally.
This Butler County court guide is a general explanation of the criminal process and is not legal advice; court practices and programs change. Anyone charged in Hamilton, Middletown, Fairfield, Oxford or West Chester should talk with a defense lawyer or call the Butler County Public Defender at (513) 887-3540, and check each hearing date with the clerk.
Criminal Court Process for Butler County Ohio
Butler County Ohio Criminal Court System – Definitions
It might be helpful to define some words that will be used on this site, when explaining the Ohio Court System and how it works. The definitions on this site are for general information and not legal advice. It is always preferred to follow information given by your attorney or local authorities.
If you scroll down below this content, and the listing of the courts in Butler County, you will find a simple flowchart diagram and a video that will help you visualize the stages of the Criminal Court Process.
Arrest is when Ohio, Butler County or local police take a person into custody and start the legal process. The arrested person may or may not be immediately jailed.
In less serious crimes, the person may only be given a citation ordering that they appear in municipal or Butler County court on a certain date. In cases involving more serious crimes, the person is usually placed in the county jail until an arraignment, or a judge decides the next step.
Booking is when the Butler County sheriff or local police gather information such as the detainee’s name, address and why the person is being arrested. Booking also includes fingerprinting, criminal history, investigation, and verification of identity. Bail for lower-level crimes may be set right after booking so the arrested can “bail or bond out” before being detained.
The prosecution, sometimes called “the government” or “the people” or “the state” is the side that presses the charges and seeks punishment for the offense. These are attorneys that work for the state of Ohio, Butler County or a city or town. The prosecuting attorney for Butler County or the district is called the Prosecuting Attorney. A U.S. Attorney prosecutes federal cases.
Jurisdiction is an important term in the court system that means whether a court has the obligation or duty or right to handle a case. For example, if you run a red light in your town or city, a municipal court would likely have jurisdiction over your case, but the next town or city over would not have jurisdiction over your case. If you attempted to flee from police when they attempted to stop you after you ran the red light, it becomes a more serious crime, and the municipal court might not have jurisdiction so you might be assigned to a higher-level court that has jurisdiction over the more serious crime.
Jurisdiction varies from state to state and sometimes county to county.
Arraignment is when a judge determines whether the charges are supported by the prosecution’s initial evidence and tells the arrested what they are charged with, and the person says whether they are guilty or not guilty. At this time, the person is called the defendant, and the opposing side is called the prosecution. If there is reason to believe that the arrested is guilty, the judge will set bail conditions or send the defendant to jail or release them ROR (release on recognizances). An arraignment is not a trial, and the defendant is entitled to a trial within a reasonable amount of time after the arraignment.
Bail is money paid that is held by the Butler County or municipal court to make sure that the arrested does not flee the area before their trial. Bail amounts and other conditions are determined at the arraignment.
Once the case is over, the bail money is returned to the defendant. If a person does not pay bail, they remain in the Butler County Jail until their trial. Bail can be denied if the court feels that the arrested would be a danger to others if released. Sometimes the court decides that there is a good chance that the arrested will show up for trial and not flee so they are released on their own promise, or recognizance without having to pay bail.
A bond proceeding is the determination of how much bail is to be paid and usually happens at the same time as an arraignment. During bond proceedings, the defendant can have an attorney present but does not have the right to an attorney. A judge or court officer in the {county extended} or municipal court sets bail. The clerk of courts can set some low-level bonds in Ohio.
In Ohio, judges and magistrates set bail and they rely on a statewide bail schedule, which sets out a recommended range of bail amounts for different offenses. Judges can still exercise discretion in setting bail above or below the recommended range.
It is always important to have family involvement after being arrested. Not only can they make calls and communicate on your behalf (not all bond companies will accept collect calls), but family support will show the court that there are people who will make sure that the defendant makes it to court, not only for the defendant’s own good, but because they may have signed bond paperwork and responsible to pay if the defendant does not show in court. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.
(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsman will not call asking for money without involvement of the arrested.)
A judicial public bond or personal recognizance bond is a bond where someone representing the defendant signs paperwork promising that the defendant will show up to court. No money is paid to the court. The personal recognizance bond is usually used in a minor misdemeanor or low-level felony.
Cash percentage in lieu of bonds. If the bond order permits, the defendant pays 10% plus a $25 fee to the Butler County Clerk of Court who then holds the money until the case is over. The amount is returned if the defendant is acquitted or the case is dismissed, or it can be used toward paying any court fines incurred by the defendant.
Surety Bond is when defendant pays a percentage of the bond amount (usually 10–15%) to a professional bondsman or bail bond company licensed to do business in Ohio, {county extended}. The bondsman then signs the bond on behalf of the defendant. The defendant does not receive any of the money back. If the bondsman feels the defendant is a flight risk, they can refuse to give a bond or charge a higher fee. For example, a bondsman may determine a defendant is a flight risk if they are from a state other than Ohio.
A Property Bond is a bond in which the bond is pledged in land or home real estate (mobile homes are not accepted). Usually, the property must be in Butler County, and it must be worth at least the amount of the bond.
An Unsecured Bond is when the defendant is released without paying bail upfront, but they must pay the full amount if they do not appear in court.
A criminal defense attorney (also called lawyer or counsel) is hired or retained to represent the arrested as early as possible after the arrest.
If there is a chance that the case might go to trial and the defendant cannot afford an attorney, the 6th Amendment of the U.S. Constitution requires that the court provide an attorney. This is called indigent representation and a public defender or assigned attorney would represent the defendant in all proceedings. Indigent representation is only available misdemeanor and felony cases that could result in jail time, juvenile cases, and certain appeal cases.
In Ohio, the Ohio Public Defender Commission oversees indigent defense as a whole and contributes 40% of the costs and directly handles appeal and post-conviction cases. It is up to each county to fund most of the costs for criminal cases that could go to trial. There is a $25 fee for indigent representation in Ohio. The following link is for the county public defender.
For less serious cases or civil cases, there are pro bono volunteers who volunteer legal services for free or for a small fee. They often will hold clinics to teach people how to represent themselves in court or expunge their record which means to legally erase or eliminate a criminal or arrest record from public view. The attached link has a list of pro bono organizations in Ohio.
Many courts will provide forms and help for people who want to represent themselves, called pro se. Here is a link for legal self-help in Ohio.
A district court can refer to the first level of the legal system, or a minor court. District courts are in the community. A district court can also refer to a U.S. Federal District Court that hears federal cases. There are two U.S. federal district courts in Ohio, with offices throughout the state. It is important that you check the address of the court you are to appear in rather than to ask someone because that person might give you directions to the wrong “district” court. Being late for court can land you in custody as well.
Pretrial proceeding is the process where both sides (prosecution and defense) gather information, interview witnesses, request records, videos etc. Pretrial proceedings also include communications with the judge assigned to the case and these appearances are either in person or by on-line conferencing. Some pretrial proceedings may not require a defendant’s appearance, allowing an attorney to appear in their place. The information that is gathered is called discovery and both sides must share the information that they have gathered. This information does not include conversations between the arrested and their attorney.
Most cases do not go to trial because both sides reach a plea deal, where both sides try to reach a reasonable punishment based on what was learned in the pretrial proceedings. A plea deal can only happen if the accused person admits they are guilty in exchange for a lighter punishment. The reason they must admit guilt is because it would not be fair to punish someone who claims they are not guilty. There are times in plea bargaining when the prosecution agrees to give a lighter sentence in exchange for information leading to the arrest of a more serious criminal related to the crime.
Trial is where both sides share their information in front of a judge or a judge and jury. After listening to all the evidence, the judge or jury decides the verdict which is whether the person is guilty or not guilty. If a court has only a judge hearing both sides, it is called a bench trial. If a jury is selected, it is called a jury trial. If the defendant is found not guilty, they are released. If they are found to be guilty, the next step is sentencing.
Sentencing is the punishment that the judge decides the person should get. This could be jail or prison time, fines, community service, probation, or a combination.
Appeal is asking for a higher court to hear the case again at an appellate court. If the accused person thinks something went wrong at trial or has new information that was not available during the trial or that the sentence is too harsh, the defense attorney can ask for an appeal. It is not unusual for an appeal when there is a long jail sentence, but an appeal can be denied if the appellate court feels that the original trial or sentencing was fair.
Ohio Felony vs Misdemeanor
There are two main types of misdemeanor crimes in Ohio.
- A minor misdemeanor is when the potential fine for the offense does not exceed $150 without jail time. Examples of a minor misdemeanor include most traffic violations as speeding, running a red light and can also include violations such as open container and noise violations.
- A first-degree misdemeanor is when there is a possible sentence of 6 months in jail or a maximum fine of $1000 or both. Examples of first-degree misdemeanors include disorderly conduct, criminal trespassing, stalking assault and some drug offenses.
A felony crime in Ohio is a more serious crime than a misdemeanor and can be punished with more significant fines and jail time. Felony crimes can be murder, rape, theft, aggravated assault, drug trafficking, kidnapping and identity theft. In Ohio, serious felonies such as murder do not have a category and can hold a sentence of life in prison or the death penalty.
The remaining felonies are divided into 5 categories. The following sentences are the maximum sentences for each crime.
• First degree felony or F1 is punishable by 3 to 11 years in state prison and a fine of up to $20,000.
• Second degree felony or F2 is punishable by 2 to 8 years in state prison and a fine of up to $15,000.
• Third degree felony or F3 is punishable by 1 to 5 years in state prison and a fine of up to $10,000.
• Fourth degree felony is punishable by 6 to 18 months in state prison and a fine of up to $5000 and a
• Fifth degree felony is punishable by 6 to 12 months in state prison and a fine up to $2500.
The Butler County Clerk of Court is an elected official whose responsibilities for Criminal Court’s administrative issues include receiving criminal warrants, receiving bail, creating the trial schedule, receiving fees, fines and maintaining court records.
A warrant is used to get someone to appear in court or to law enforcement. There must be good reason to believe that the person is involved in a crime. The warrant gives authority to arrest the person and search for evidence for the investigation of the crime.
A criminal summons is issued to request that a person appear in court at a particular time and date. It does not involve an arrest. A traffic ticket, summary citation or lesser misdemeanor could be considered a summons if you are given a court date.
A summary citation, commonly referred to as a ticket, is a criminal summons by a law enforcement officer either in person or via mail accusing the defendant of a minor offense, stating potential fine, listing the court having jurisdiction and instructions for addressing the issue. Defendants may or may not be required to appear in court or handle the matter by entering a plea via mail.
Fines are usually paid to the District Court or clerk of court and payment methods can be found on the District Court or Butler County Clerk of Court website. If you do not pay your fine on time, you can lose your driver’s license, must pay additional fees or even have a warrant for your arrest. It is important to read the instructions on the ticket issued by the police officer or court at the time of your arrest. For a parking ticket or summary citation, the fine amount and how to send payment should be on the ticket.
Ohio Criminal Court System - How it Works
Municipal Courts in Ohio handle cases, including trial, for involve offenses involving municipal (city or town) ordinances, traffic and all misdemeanor offenses. If the arrested might be facing jail time, they have the right to ask for a jury trial in the municipal court. The municipal court can conduct preliminary hearings for felony cases before forwarding them to a court of common plea for further prosecution or trial.
County Courts can handle the identical criminal matters that a municipal court can. Cases are handled in county courts when there are no municipal courts available.
The Courts of Common Pleas (may also be called district court) have original jurisdiction in all criminal felony cases, meaning that a felony case can be handled from the beginning to end. in a court of common pleas and is also the court where trials are heard for misdemeanors. There are Divisions that handle civil and criminal matters. The divisions that handle criminal matters are the General Division for all criminal court proceedings, the Domestic Relations Division that handles divorce matters, domestic and date violence matters. The Juvenile Division has original jurisdiction over cases involving individuals up to age 18.
Specialty Courts are being adopted in many states to handle cases that involve non-violent and first-time offender cases in a way to where the offender can retain a job or responsibilities while following specific orders of the court as returned court appearances, periodic evaluations or testing for substances. Ohio’s specialty courts or dockets include drug courts, mental health courts OVI/DUI courts and veteran’s courts.
The following webpage will provide further information on the Ohio specialty courts.
The Ohio Court of Appeals hears appeals from the courts of common pleas, municipal and county courts. Justices will review the procedures of the case and decide whether the case outcome will be changed, unchanged or moved to supreme court.
The Ohio Supreme Court is similar to our United States’ Supreme Court because it The Ohio Supreme Court is like our United States’ Supreme Court because it has a panel of judges that rule on matters that have to do with someone’s constitutional rights or policies and laws. The Ohio State Supreme Court deals with the state constitution or laws or policies. Sometimes the Supreme Court will hear criminal cases on appeal when there is a question on the state laws or procedures that lead to the appeal. The criminal cases are usually referred from the district courts of appeal.
FEDERAL COURT
Federal Court deals with crimes involving violations of United States laws. Federal crimes include federal drug trafficking, federal tax evasion and fraud that crossed state lines and include crimes that occur on federal property as post offices or federal buildings.
Cases involving crimes that involve the FBI or DEA or Immigration agencies are federal crimes. Terrorism is a federal crime.
There are some differences in the Federal court system as compared to the Ohio state court system. For example, the attorneys who work for the courts are called United States Attorneys and Federal judges are called District Court Judges (not to be confused by local state district courts).
Federal Magistrate Judges hear the case early on, but they do not decide on the cases at a trial like the Federal District Court Judges. In a federal case, a grand jury is used for indictments.
There are two U.S. Federal Judicial Districts in Ohio.
