Bedford Heights City Jail Criminal Court Process
Criminal Court Process for Cuyahoga County Ohio
Cuyahoga County, with Cleveland as its county seat, runs Ohio's busiest criminal court system, and its felony courtrooms, the main jail and the Cleveland Municipal Court all sit in or beside the Justice Center complex on Ontario Street downtown. Misdemeanors and OVI cases are spread among 13 municipal courts, each serving a city and often several neighboring suburbs, plus more than 30 mayor's courts; felonies are tried in the Cuyahoga County Court of Common Pleas, General Division. The Cuyahoga County Prosecutor's Office handles every felony and juvenile case, while city law departments prosecute misdemeanors in the municipal courts. Adults held after arrest are generally booked into the Sheriff's Cuyahoga County Corrections Center on West Third Street.
- Cuyahoga County Court of Common Pleas, General Division (felonies), Justice Center, 1200 Ontario Street, Cleveland, OH 44113, criminal clerk (216) 443-7999
- Cleveland Municipal Court, Justice Center, 1200 Ontario Street, Cleveland, OH 44113, (216) 664-4870
- Cuyahoga County Prosecutor's Office, Justice Center, 1200 Ontario Street, 9th Floor, Cleveland, OH 44113, (216) 443-7800
- Cuyahoga County Public Defender, Courthouse Square, 310 Lakeside Avenue, Suite 400, Cleveland, OH 44113, (216) 443-7223
- Cuyahoga County Juvenile Court (Common Pleas, Juvenile Division), Juvenile Justice Center, 9300 Quincy Avenue, Cleveland, OH 44106, (216) 443-8400
- Cuyahoga County Corrections Center (Cuyahoga County Sheriff), 1215 W. Third Street, Cleveland, OH 44113, (216) 443-6000
Which court hears your case. The municipal court for the place where the offense happened takes misdemeanor, OVI and traffic cases: an arrest in Cleveland or Bratenahl goes to Cleveland Municipal Court, one in Westlake or North Olmsted to Rocky River Municipal Court, one in Strongsville to Berea Municipal Court, and so on (the full territory list is below). In cities and villages with a mayor's court, such as Parma Heights, Brook Park, Strongsville or Beachwood, local ordinance and traffic charges may be heard there instead; a mayor or appointed magistrate decides those cases without jurors, and any defendant may insist on removal to the municipal court. Felony arrests can begin with a complaint in the municipal court, but in Cuyahoga County most are steered quickly to the county grand jury; a General Division judge in Common Pleas receives the case once grand jurors indict it or the accused signs off on a bill of information. Cuyahoga County has no county court. Appeals go to the Eighth District Court of Appeals.
Where pretrial detainees are held. The Cuyahoga County Sheriff operates the Cuyahoga County Corrections Center at 1215 W. Third Street, connected to the Justice Center, and it holds most adults awaiting trial on county felony charges, including people arrested by Cleveland police. Many suburban departments keep arrestees briefly in their own city jails until a municipal court arraignment, then release them or transfer them to the county jail. For custody, bond and visiting information at the county jail, call (216) 443-6000; for a person held by a suburb, call that city's police department.
- Local courts in Cuyahoga County (municipal, county and mayor's courts)
- The Justice Center and other courthouses
- What happens after an arrest in Cuyahoga County
- The Cuyahoga County Corrections Center
- Public defense in Cuyahoga County
- The Prosecutor's Office, diversion and victims
- Specialized dockets
- 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 Cuyahoga County
- Federal cases (U.S. District Court) from Cuyahoga County
1. Local courts in Cuyahoga County (municipal, county and mayor's courts)
Every city, village and township in Cuyahoga County falls within one of 13 municipal courts. Most of the suburban courts serve their home city plus a group of neighbors listed in Ohio Revised Code 1901.02. On top of that, 32 municipalities report mayor's court caseloads to the Supreme Court of Ohio. There is no county court in Cuyahoga County.
Municipal courts and their territory
- Bedford Municipal Court — 165 Center Road, Bedford, OH 44146, (440) 232-3420. Bedford, Bedford Heights, Bentleyville, Chagrin Falls, Glenwillow, Moreland Hills, North Randall, Oakwood, Orange, Solon, Warrensville Heights, Woodmere, and Chagrin Falls and Warrensville townships.
- Berea Municipal Court — 11 Berea Commons, Berea, OH 44017, (440) 826-5860. Berea, Brook Park, Middleburg Heights, Olmsted Falls, Strongsville and Olmsted Township.
- Cleveland Municipal Court — Justice Center, 1200 Ontario Street, Cleveland, OH 44113, (216) 664-4870. The city of Cleveland and the village of Bratenahl. Its Housing Division, in the same building, hears housing and building-code cases.
- Cleveland Heights Municipal Court — 40 Severance Circle, Cleveland Heights, OH 44118, (216) 291-4901. Cleveland Heights.
- East Cleveland Municipal Court — 14340 Euclid Avenue, East Cleveland, OH 44112, (216) 451-5900. East Cleveland.
- Euclid Municipal Court — 555 E. 222nd Street, Euclid, OH 44123, (216) 289-2888. Euclid.
- Garfield Heights Municipal Court — 5555 Turney Road, Garfield Heights, OH 44125, (216) 475-1900. Garfield Heights, Brecksville, Cuyahoga Heights, Independence, Maple Heights, Newburgh Heights, Valley View and Walton Hills.
- Lakewood Municipal Court — Lakewood City Hall, 12650 Detroit Avenue, Lakewood, OH 44107, (216) 529-6700. Lakewood.
- Lyndhurst Municipal Court — 5301 Mayfield Road, Lyndhurst, OH 44124, (440) 461-6500. Lyndhurst, Gates Mills, Highland Heights, Mayfield Heights, Mayfield Village and Richmond Heights.
- Parma Municipal Court — Parma Justice Center, 5555 Powers Boulevard, Parma, OH 44129, (440) 887-7400. Parma, Broadview Heights, Brooklyn, Brooklyn Heights, Linndale, North Royalton, Parma Heights and Seven Hills.
- Rocky River Municipal Court — 21012 Hilliard Boulevard, Rocky River, OH 44116, (440) 333-0066. Rocky River, Bay Village, Fairview Park, North Olmsted, Westlake and Riveredge Township.
- Shaker Heights Municipal Court — 3355 Lee Road, Shaker Heights, OH 44120, (216) 491-1300. Shaker Heights, Beachwood, Hunting Valley, Pepper Pike and University Heights.
- South Euclid Municipal Court — 1349 S. Green Road, South Euclid, OH 44121, (216) 381-2880. South Euclid.
County court
None. The 13 municipal courts together cover every part of the county.
Mayor's courts
- Beachwood Mayor's Court — 2700 Richmond Road, Beachwood, OH 44122, (216) 464-2343
- Bedford Heights Mayor's Court — 5661 Perkins Road, Bedford Heights, OH 44146
- Bentleyville Mayor's Court — 6253 Chagrin River Road, Bentleyville, OH 44022
- Bratenahl Mayor's Court — 411 Bratenahl Road, Bratenahl, OH 44108, (216) 681-3086
- Brecksville Mayor's Court — 9069 Brecksville Road, Brecksville, OH 44141, (440) 526-2620
- Broadview Heights Mayor's Court — 9543 Broadview Road, Broadview Heights, OH 44147, (440) 526-4895 ext. 4
- Brook Park Mayor's Court — 6161 Engle Road, Brook Park, OH 44142, (216) 433-7061
- Brooklyn Mayor's Court — 7619 Memphis Avenue, Brooklyn, OH 44144, (216) 635-4255
- Brooklyn Heights Mayor's Court — 345 Tuxedo Avenue, Brooklyn Heights, OH 44131, (216) 749-4300
- Chagrin Falls Mayor's Court — 21 W. Washington Street, Chagrin Falls, OH 44022, (440) 247-7321
- Cuyahoga Heights Mayor's Court — 4863 E. 71st Street, Cuyahoga Heights, OH 44125, (216) 641-7020
- Gates Mills Mayor's Court — 1470 Chagrin River Road, Gates Mills, OH 44040
- Glenwillow Mayor's Court — 29555 Pettibone Road, Glenwillow, OH 44139, (440) 232-8788
- Highland Hills Mayor's Court — 3700 Northfield Road, Highland Hills, OH 44122, (216) 283-3000 ext. 233
- Independence Mayor's Court — 6800 Brecksville Road, Independence, OH 44131, (216) 524-7719
- Maple Heights Mayor's Court — 5353 Lee Road, Maple Heights, OH 44137, (216) 587-9006
- Middleburg Heights Mayor's Court — 15700 E. Bagley Road, Middleburg Heights, OH 44130, (440) 234-6907
- Moreland Hills Mayor's Court — 4350 SOM Center Road, Moreland Hills, OH 44022
- Newburgh Heights Mayor's Court — 4000 Washington Park Boulevard, Newburgh Heights, OH 44105, (216) 641-4650
- North Olmsted Mayor's Court — 5200 Dover Center Road, North Olmsted, OH 44070, (440) 716-4156
- North Randall Mayor's Court — 21937 Miles Road, North Randall, OH 44128
- North Royalton Mayor's Court — 14000 Bennett Road, North Royalton, OH 44133, (440) 582-6224
- Oakwood Mayor's Court — 24800 Broadway Avenue, Oakwood Village, OH 44146, (440) 232-4151
- Olmsted Falls Mayor's Court — 26100 Bagley Road, Olmsted Falls, OH 44138, (440) 235-5552
- Orange Mayor's Court — 4600 Lander Road, Orange Village, OH 44022, (440) 498-4401
- Parma Heights Mayor's Court — 6281 Pearl Road, Parma Heights, OH 44130, (440) 884-9603
- Seven Hills Mayor's Court — 7325 Summitview Drive, Seven Hills, OH 44131, (216) 524-4421
- Solon Mayor's Court — 34200 Bainbridge Road, Solon, OH 44139
- Strongsville Mayor's Court — 18688 Royalton Road, Strongsville, OH 44136, (440) 580-3155
- Valley View Mayor's Court — 6899 Hathaway Road, Valley View, OH 44125, (216) 524-9687
- Walton Hills Mayor's Court — 7595 Walton Road, Walton Hills, OH 44146, (440) 786-2963
- Woodmere Mayor's Court — 27899 Chagrin Boulevard, Woodmere, OH 44122, (216) 831-3432
Mayor's court sessions are usually held on set evenings or mornings, often at city hall or the police station. Where no court phone is shown, the city or village hall at that address can give the next session date. Anything a mayor's court cannot or will not decide, including a case where the defendant wants a jury, goes to the municipal court for that community.
2. The Justice Center and other courthouses
The Justice Center at 1200 Ontario Street is the center of criminal court activity in Cuyahoga County. Its courts tower holds the Common Pleas General Division courtrooms, where felony arraignments, pretrials, trials and sentencings happen, along with the Clerk of Courts' criminal division and the Prosecutor's Office. Cleveland Municipal Court's criminal and traffic courtrooms are in the same complex, and the county jail is attached by walkways and secure corridors.
Other locations a defendant or family member may need:
- Old Cuyahoga County Courthouse, 1 W. Lakeside Avenue, home to the Probate and Domestic Relations divisions.
- Juvenile Justice Center, 9300 Quincy Avenue, on Cleveland's east side, where delinquency hearings are held and the juvenile detention center is located.
- Suburban municipal courts in Bedford, Berea, Cleveland Heights, East Cleveland, Euclid, Garfield Heights, Lakewood, Lyndhurst, Parma, Rocky River, Shaker Heights and South Euclid, each listed above.
Allow time for security screening at the Justice Center, especially on weekday mornings when many arraignments are scheduled. Check the floor and courtroom number on your notice, because the building is large and the judge assigned to a case determines the courtroom.
3. What happens after an arrest in Cuyahoga County
Booking
Where a person is booked depends on who made the arrest. Cleveland police and Sheriff's deputies generally take people to the county jail downtown. Suburban police often book into their own city jail first. Booking involves fingerprints, photographs, a property inventory, a medical screening and a warrant check.
Bond
Many misdemeanors carry a scheduled bond that can be posted soon after booking. Everyone else waits for a judicial officer to fix bond at arraignment. Ohio's 2022 bail amendment makes four considerations mandatory in every Cuyahoga courtroom: community safety, past record, the gravity of the charge and the risk of a missed court date. Cuyahoga County courts also rely on pretrial services staff who interview defendants and provide risk information. Release may be on personal recognizance, a 10 percent deposit, cash or a surety bond through a licensed bail agent, frequently with conditions such as GPS monitoring, no-contact orders or drug testing.
First appearance
A jailed person must be brought to court without unnecessary delay, normally the next business day. In Cleveland Municipal Court and many suburban courts this happens by video from the jail. The judge explains the charges, decides bond and appoints counsel for eligible defendants.
The felony track
Felony complaints filed in a municipal court may be set for a preliminary hearing, which must occur within 10 days for someone in custody or 15 days for someone released. In Cuyahoga County, however, most felony cases are sent directly to the grand jury, and the indictment ends the municipal court's role. The defendant is then arraigned in the Common Pleas Court, usually in a central arraignment room, and the case is randomly assigned to a General Division judge.
4. The Cuyahoga County Corrections Center
The Cuyahoga County Corrections Center at 1215 W. Third Street is run by the Cuyahoga County Sheriff's Office and is one of the largest jails in Ohio. It houses people awaiting trial in the Common Pleas Court, defendants arrested by Cleveland police and transferred from suburban jails, people held on warrants or holds from other jurisdictions, and some people serving local sentences.
Families can call (216) 443-6000 to confirm that someone is in custody, find the bond amount and learn how to post it. Visits, phone accounts, commissary deposits and mail are handled under jail rules and approved vendors; ask before sending money, and follow the jail's mail rules exactly, because items that do not comply may be rejected.
A person charged in a suburban municipal court may be held in that city's jail for a short period instead. If you cannot find someone at the county jail, call the police department of the city where the arrest happened.
5. Public defense in Cuyahoga County
The Cuyahoga County Public Defender's Office, at 310 Lakeside Avenue, Suite 400, Cleveland, (216) 443-7223, represents adults charged with felonies in the Common Pleas Court, youths in Juvenile Court and defendants in Cleveland Municipal Court and other courts where it is assigned. It is one of the largest public defense offices in Ohio.
Eligibility is determined from a financial affidavit, and Ohio law permits an application fee of up to $25, which may be waived. Because the volume of cases is so high, the Common Pleas Court also appoints private attorneys from its assigned counsel list for many felony cases, including conflict cases and cases with multiple defendants. Suburban municipal courts often appoint local private attorneys for misdemeanor defendants who qualify.
Lawyers handling the most serious felonies must meet Ohio's appointment standards, and capital cases require attorneys certified for death-penalty work. Ask for appointed counsel at the first appearance or arraignment if you cannot afford a lawyer.
6. The Prosecutor's Office, diversion and victims
The elected Cuyahoga County Prosecuting Attorney, based on the 9th floor of the Justice Center, (216) 443-7800, presents felony cases to the grand jury, tries them in Common Pleas, handles juvenile delinquency cases and argues appeals before the Eighth District. Misdemeanors are prosecuted by the City of Cleveland Prosecutor in Cleveland Municipal Court and by each suburb's law director or prosecutor in the suburban courts.
Alternatives to conviction
- Pretrial diversion. The Prosecutor's Office runs a diversion program for eligible first-time, mostly nonviolent felony defendants. Participants agree to supervision, restitution, treatment or community service; completing the program leads to dismissal and the chance to seal the record.
- Intervention in lieu of conviction. Under Ohio law, a defendant whose crime was related to drug or alcohol use, mental illness or intellectual disability may plead, complete court-supervised treatment and have the charge dismissed.
- Municipal court diversion. Many city prosecutors offer their own diversion for first-offense misdemeanors such as theft.
Victims' rights
Under Marsy's Law (2017), a Cuyahoga County crime victim can demand notice of each hearing, attend it, speak when bond, a plea or a sentence is on the table, and ask for restitution. The Prosecutor's victim-witness staff help victims follow a case and exercise those rights.
7. Specialized dockets
The Cuyahoga County Common Pleas Court and several municipal courts run specialized dockets that trade close supervision and treatment for a chance at a reduced charge, dismissal or community control. The Common Pleas Court has long operated an adult drug court, a docket for defendants with mental illness or developmental disabilities, and a veterans treatment court. Some municipal courts, including Cleveland Municipal Court, offer their own treatment-oriented dockets for issues such as substance use, mental health and domestic violence.
These programs usually involve frequent appearances before the same judge, drug and alcohol testing, counseling and graduated sanctions for violations. Admission typically requires a referral, a screening by probation or treatment staff, and agreement by the judge and prosecutor. Violent offenses and serious trafficking charges are often excluded. A defense lawyer can explain which programs fit a particular case.
8. Misdemeanor (for example, petty theft, a first OVI, assault, criminal trespass)
A misdemeanor in Cuyahoga County is heard in the municipal court for the community where it happened, or in a mayor's court if the city charged it under its own ordinance. Cleveland Municipal Court alone handles tens of thousands of criminal and traffic cases a year, while some suburban courts have much smaller dockets.
Arraignment
At the first hearing the judge or magistrate reads the charge, confirms bond and asks for a plea. Most people plead not guilty and get a pretrial date. A defendant who could be jailed and cannot pay a lawyer may ask for the public defender or appointed counsel.
Pretrial and trial
At a pretrial, the defense attorney and the city prosecutor discuss the evidence and possible resolutions, which often include diversion or a reduced charge. If the case does not settle, a judge tries it unless the defendant has filed a timely written jury demand; the panel would be eight jurors, all of whom must agree. Ohio's speedy-trial law requires trial within 90 days for first- and second-degree misdemeanors and 45 days for third- and fourth-degree misdemeanors, counting three days for every day held in jail on the charge.
Penalties under Ohio law
- First degree (theft below $1,000, assault, aggravated trespass): as long as 180 days in jail plus a fine up to $1,000.
- Second-degree misdemeanors: up to 90 days and $750.
- Third-degree: up to 60 days and $500.
- Fourth-degree, including criminal trespass: up to 30 days and $250.
- Minor misdemeanors: a fine of no more than $150, without jail.
A first OVI
OVI cases make up a large share of suburban municipal court dockets. The statutory floor for a first conviction is three days in a row, served in jail or in a 72-hour driver intervention program, and it doubles to six when a breath, blood or urine test hits the .17 high-test level. The fine must be set somewhere from $375 to $1,075. An administrative license suspension begins at arrest after a failed or refused test, and a conviction brings a court suspension of one to three years. Privileges to drive to work, school or treatment are commonly granted, an interlock can unlock broader privileges in some cases, and an alcohol assessment is a near-routine condition.
Most misdemeanors are resolved within one to four months, through dismissal, diversion, intervention in lieu of conviction, a plea, fines and costs, community control or jail. Many convictions can later be sealed.
9. Felony (for example, burglary, felony theft, drug trafficking, felonious assault)
Indictment
Cuyahoga County grand juries hear a high volume of cases every week. The Prosecutor's Office reviews police reports and presents the evidence, and the grand jury decides whether to return an indictment. A defendant can instead waive the grand jury and be charged by bill of information, often as part of an early plea agreement.
Common Pleas arraignment and pretrials
After indictment, the defendant is arraigned, bond is reviewed and the case goes to an individually assigned General Division judge. Pretrial conferences follow, during which discovery is exchanged, motions are filed and plea offers are discussed. A large majority of Cuyahoga County felonies end with a plea. A felony jury of 12 must reach a unanimous verdict, and a presentence investigation by the county probation department usually precedes sentencing.
Degrees of felony
- Fifth-degree: 6 to 12 months possible. Theft of $1,000 to $7,500 and low-level drug possession. For a first-time, nonviolent F4 or F5 defendant, the starting presumption is often community control.
- Fourth-degree: 6 to 18 months. Theft of $7,500 to $150,000.
- Third-degree: most carry 9 to 36 months; the statute's short list of serious F3s runs up to 60. Some burglaries.
- Second-degree: 2 to 8 years. Felonious assault; a burglary of a residence with someone apt to be home.
- First-degree: 3 to 11 years. Aggravated burglary.
Since March 22, 2019, first- and second-degree felonies have drawn Reagan Tokes sentences, so a Cuyahoga judge announces a minimum and the law attaches a maximum as much as half again longer. Drug trafficking charges range from F5 to F1 depending on the type and amount of drug, and major drug offender findings can bring long mandatory terms. Firearm specifications, frequently charged in Cleveland cases, add mandatory prison time that must be served first.
How long it takes
Ohio law allows 270 days from arrest to trial on a felony, with each day in jail counting as three. Waivers and continuances are common, and a typical Cuyahoga County felony takes four to twelve months to resolve.
10. Violent felony (for example, murder, rape, aggravated robbery)
Homicides, rapes and armed robberies are investigated by Cleveland police homicide and sex crimes units, suburban detectives, the Sheriff's Office or the Ohio Bureau of Criminal Investigation, with the Cuyahoga County Medical Examiner's Office handling death investigations. Bond in these cases is usually very high, and the court may deny bail when the constitutional factors support it. Defendants commonly remain at the county jail throughout the case.
Sentencing ranges
- Aggravated murder: jurors and judge pick among three outcomes, execution, whole-life imprisonment, or life with a first parole review set at year 20, 25 or 30. Capital specifications appear in only a small fraction of Cuyahoga homicide indictments, and Ohio's last execution took place in 2018.
- Murder: 15 years to life.
- Rape: an F1 with a Reagan Tokes range; if the child was younger than 13 and the state proves force or another listed aggravator, the court may impose life.
- Aggravated robbery: an F1, and in Cleveland cases it is commonly paired with a gun specification.
The long road
These cases involve forensic testing, digital evidence, expert witnesses and extensive motion practice, and they often take one to two years or more. Defendants who qualify are represented by the Public Defender or by appointed lawyers who meet Ohio's standards for serious felonies. Victims' families have Marsy's Law rights at every major stage.
11. Juveniles (under 18) arrested in Cuyahoga County
Delinquency cases go to the Cuyahoga County Court of Common Pleas, Juvenile Division, at the Juvenile Justice Center, 9300 Quincy Avenue, Cleveland, (216) 443-8400. Cuyahoga County has a stand-alone juvenile division rather than a combined probate and juvenile court. The Cuyahoga County Prosecutor's juvenile unit files delinquency complaints.
Intake and diversion
Each complaint is screened at intake. Many first-time and lower-level cases are diverted or handled unofficially, sometimes through community-based programs, with requirements such as counseling, restitution, community service or school attendance. A youth who completes the program avoids a formal adjudication.
Detention
Youths who must be held are taken to the Cuyahoga County Juvenile Detention Center, part of the Juvenile Justice Center complex on Quincy Avenue. A magistrate reviews every placement quickly; Juvenile Rule 7(F) allows no more than 72 hours, or until the next court day, before the detention hearing, and the court is supposed to hold only youths who are dangerous, likely to run or without a safe home.
Possible outcomes
The court's toolbox runs from probation, counseling and community service to ankle monitors and residential treatment. A youth adjudicated for felony-level conduct may be committed to the Ohio Department of Youth Services, which operates the state's juvenile correctional facilities.
Bindover and Serious Youthful Offender cases
Cuyahoga's juvenile judges have no choice in certain cases: Ohio's mandatory bindover law moves some 16- and 17-year-olds charged with the gravest crimes, and a narrower set of 14- and 15-year-olds, to the adult court downtown. For other felonies involving youths 14 or older, the prosecutor can request discretionary bindover, and the judge decides after an amenability hearing. Serious Youthful Offender cases end in a two-part sentence, a juvenile commitment now plus an adult term the court can activate later.
Most juvenile files stay out of public view and can be sealed or expunged in time. The Cuyahoga County Public Defender's juvenile lawyers, (216) 443-7223, represent eligible youths.
12. Federal cases (U.S. District Court) from Cuyahoga County
Cuyahoga County is the anchor of the Northern District of Ohio. Its federal criminal cases are generally heard in the Eastern Division at the Carl B. Stokes U.S. Court House, 801 West Superior Avenue, Cleveland, OH 44113, clerk's office (216) 357-7000, a few blocks from the Justice Center.
Federal agencies and offices in Cleveland
- U.S. Attorney's Office, Northern District of Ohio (main office), 801 West Superior Avenue, Suite 400, Cleveland, OH 44113, (216) 622-3600
- Federal Public Defender, Northern District of Ohio — the district's headquarters office, located downtown near the federal courthouse
- U.S. Marshals Service, Stokes Court House, 801 W. Superior Avenue, Suite 1200, Cleveland, OH 44113, (216) 522-2150
Why a Cuyahoga County case goes federal
Federal prosecutors in Cleveland bring large numbers of cases involving guns possessed by people with felony records, drug trafficking organizations, violent crime task-force cases, public corruption, health care and financial fraud, and child exploitation. Investigations are often joint efforts by the FBI, DEA, ATF, Homeland Security Investigations and Cleveland or suburban police. Some cases begin in the county system and are later taken over by federal prosecutors.
Inside the federal courthouse
Arrestees are brought upstairs to a magistrate judge's courtroom in the Stokes building, where counsel is appointed if needed. A government request for detention leads to a hearing, normally inside three court days. Bondsmen have no role in federal court: Pretrial Services officers supervise anyone the magistrate releases on conditions, and everyone else stays in custody.
Complaints have a 30-day shelf life before an indictment is required, and the Speedy Trial Act's 70-day trial deadline is frequently tolled in Cleveland's document-heavy fraud and drug cases. Written plea agreements resolve the bulk of the docket. A probation officer's presentence report frames the sentencing hearing, where the judge works through the advisory Guidelines and any statutory minimum. Parole does not exist in the federal system, so a Bureau of Prisons term is served at roughly 85 percent, with supervised release afterward. Trials use unanimous 12-member juries, and the Sixth Circuit in Cincinnati takes appeals.
Detention and juveniles
The U.S. Marshals hold detained federal defendants in county jails and contract detention facilities in northern Ohio; families around Cleveland can look in the Federal Bureau of Prisons inmate locator for a Cuyahoga County detainee with a name or register number. Anyone from Cuyahoga County awaiting trial in a Marshals-contract jail might be listed in the jail's listing. Federal prosecution of people under 18 is rare, and most juvenile cases remain in the Cuyahoga County Juvenile Court.
Read this page as a map of Cuyahoga County criminal procedure, not as legal advice for your own case. With 13 municipal courts and dozens of mayor's courts, the right court and courtroom depend on where the case arose, so always follow the information on your citation, summons or bond paperwork. If you cannot afford a lawyer, contact the Cuyahoga County Public Defender at (216) 443-7223.
Criminal Court Process for Cuyahoga County Ohio
Cuyahoga 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 Cuyahoga 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, Cuyahoga 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 Cuyahoga 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 Cuyahoga 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, Cuyahoga County or a city or town. The prosecuting attorney for Cuyahoga 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 Cuyahoga 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 Cuyahoga 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 Cuyahoga 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 Cuyahoga 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 Cuyahoga 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 Cuyahoga 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.
