Delaware County Jail Criminal Court Process
Criminal Court Process for Delaware County Ohio
Delaware County, directly north of Columbus, is one of Ohio's fastest-growing counties, and the city of Delaware is its county seat. The Delaware Municipal Court on North Union Street takes misdemeanor, OVI and traffic cases from most of the county along with the early stages of felonies, and mayor's courts operate in Sunbury, Ashley and the Delaware County sections of Dublin and Westerville. Felonies are tried after indictment in the Delaware County Court of Common Pleas, also on North Union Street, and the elected Delaware County Prosecuting Attorney handles them. Adults held after arrest are booked into the Sheriff's Delaware County Jail on U.S. Route 42 north of the city.
- Delaware County Court of Common Pleas (General Division), 117 North Union Street, Delaware, OH 43015; Clerk of Courts (740) 833-2500
- Delaware Municipal Court, Delaware Justice Center, 70 North Union Street, Delaware, OH 43015; criminal and traffic (740) 203-1570
- Delaware County Juvenile Court (Probate and Juvenile Division of Common Pleas), 145 North Union Street, Delaware, OH 43015, (740) 833-2600
- Delaware County Prosecuting Attorney, Delaware (felonies and juvenile cases)
- Delaware County Jail (Delaware County Sheriff's Office), 844 U.S. Route 42 North, Delaware, OH 43015; Sheriff's Office (740) 833-2800
- Appointed counsel: the judge assigned to the case appoints a lawyer for anyone who qualifies financially; the Ohio Public Defender, which oversees Ohio's county indigent-defense systems, can be reached at (614) 466-5394
Which court hears your case. For a misdemeanor, OVI or traffic charge, the Delaware Municipal Court is the starting point for the city of Delaware, Powell, Sunbury, Galena, Ashley, Shawnee Hills and the townships, from Liberty and Orange in the south to Harlem and Kingston in the east. Certain ordinance and traffic tickets in Sunbury and Ashley, and in the Delaware County parts of Dublin and Westerville, may be heard in those communities' mayor's courts, where there is no jury and a defendant may request transfer to the municipal court. Charges arising inside the Delaware County portion of the city of Columbus are generally handled by the Franklin County Municipal Court in downtown Columbus, so check the citation. Felonies begin with an initial appearance and preliminary hearing in the municipal court and then move to the Common Pleas General Division after a grand jury indictment or a bill of information. Appeals from Delaware County courts go to the Fifth District Court of Appeals.
Where pretrial detainees are held. Arrests by the Sheriff's Office, Delaware and Powell police, township and village departments, the Highway Patrol and suburban agencies in the county's southern edge are booked at the Delaware County Jail, 844 U.S. Route 42 North. People who are not released stay there until their case ends or they post bond. Call the Sheriff's Office at (740) 833-2800 to confirm custody, bond and visitation rules; someone arrested by Columbus police in the city's Delaware County neighborhoods may instead be taken to a Franklin County Sheriff's facility.
- Local courts in Delaware County (municipal, county and mayor's courts)
- Courthouses on North Union Street
- What happens after an arrest in Delaware County
- The Delaware County Jail
- Public defense in Delaware County
- Prosecutors, 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 Delaware County
- Federal cases (U.S. District Court) from Delaware County
Local courts in Delaware County (municipal, county and mayor's courts)
Delaware County has one municipal court, no county court and a small group of mayor's courts. Because Columbus, Dublin and Westerville reach north across the county line, a few Delaware County addresses are served by courts based in Franklin County.
Municipal courts
- Delaware Municipal Court — Delaware Justice Center, 70 North Union Street, Delaware, OH 43015; criminal and traffic (740) 203-1570, civil and small claims (740) 203-1560. Territory: Delaware County, including the city of Delaware, Powell, Sunbury, Galena, Ashley, Ostrander, Shawnee Hills and all townships. Handles misdemeanors, OVI and traffic, felony first appearances and preliminary hearings, civil cases within its limit and small claims.
- Franklin County Municipal Court — 375 South High Street, Columbus, OH 43215, (614) 645-8186. Generally hears cases from the parts of the city of Columbus that lie in Delaware County.
County courts
There is no county court in Delaware County.
Mayor's courts
- Sunbury Mayor's Court — clerk's office 91 East Granville Street (P.O. Box 508), Sunbury, OH 43074; court sessions at 51 East Cherry Street; (740) 965-2684
- Ashley Mayor's Court — Village of Ashley, northern Delaware County; the village offices can confirm session dates
- Dublin Mayor's Court (for the Delaware County section of Dublin) — Dublin Justice Center, 6565 Commerce Parkway, Dublin, OH 43017, (614) 410-4920
- Westerville Mayor's Court (for the Delaware County section of Westerville) — 21 South State Street, Westerville, OH 43081, (614) 901-6419
A mayor's court can hear only ordinance and traffic matters within its own community, holds no jury trials and has limited sentencing power. Any defendant there can ask to move the case to the municipal court.
Courthouses on North Union Street
Nearly every courtroom involved in a Delaware County criminal case is within a short walk along North Union Street in downtown Delaware:
- Delaware Justice Center, 70 North Union Street — home of the Delaware Municipal Court, which holds arraignments, misdemeanor trials, OVI cases and felony preliminary hearings.
- 117 North Union Street — the Common Pleas General Division, where felony arraignments, pretrials, trials and sentencings take place, along with the Domestic Relations Division (Level 400). The Clerk of Courts handles felony filings and records.
- 145 North Union Street — the Probate and Juvenile Division, which hears delinquency cases.
Parking downtown is limited during busy court mornings, so arrive early, bring the case number and expect a security screening at each entrance. Phones and bags may be restricted in some courtrooms.
What happens after an arrest in Delaware County
Booking
An arrested adult is fingerprinted, photographed and screened at the jail on U.S. Route 42. Officers file a complaint with the Delaware Municipal Court, or with a mayor's court for some ordinance violations.
Bond
For many misdemeanors, bond can be posted under the municipal court's bond schedule right after booking. More serious charges, domestic violence cases and OVI arrests with aggravating factors usually wait for a judge. In setting bail, Ohio judges must weigh public safety, the defendant's criminal record, the seriousness of the offense and the likelihood the person will appear, a requirement added to the Ohio Constitution in 2022. A judge can grant a recognizance bond, require a 10 percent deposit, or set a cash or surety bond, and commercial bail bond agents are permitted. Conditions such as no-contact orders, alcohol monitoring or GPS supervision may be added.
First appearance
People who remain in custody see a municipal court judge or magistrate without unnecessary delay, normally the next business day and often by video from the jail. The court explains the charges, reviews bond and addresses counsel. Misdemeanor defendants enter a plea; felony defendants do not plead until the case reaches Common Pleas.
What follows
Misdemeanor cases go to pretrial conferences and, if needed, trial in the municipal court. Felony cases get a preliminary hearing or go straight to the grand jury, then to arraignment, pretrials and trial or plea in the Common Pleas Court. The sections below describe each path.
The Delaware County Jail
The Delaware County Sheriff operates the county jail at 844 U.S. Route 42 North, just north of the city of Delaware. It houses people awaiting trial on Delaware County charges, people serving local jail sentences and people held on warrants or holds from other jurisdictions.
- Contact: Sheriff's Office, (740) 833-2800.
- Bond: Ask the jail what bond is set and what forms of payment it accepts; surety bonds are posted through licensed bail agents.
- Court appearances: Detainees are transported to the North Union Street courts or appear by video.
- Visits, phones and money: The jail sets its own visitation schedule and uses contracted phone, messaging and commissary services; rules change, so confirm before visiting.
Public defense in Delaware County
Anyone charged with an offense that could bring jail time has a right to a lawyer, and one is provided at public expense to those who cannot afford one. In Delaware County, a defendant asks for appointed counsel at the first court appearance (or through the clerk beforehand) and completes a financial affidavit listing income, assets and expenses. If the court finds the person eligible, it appoints a lawyer from the county's indigent-defense system, and that attorney represents the defendant through the case. A small application fee, no more than $25, may be charged but cannot be a reason to deny counsel.
The Ohio Public Defender sets standards for these programs and reimburses counties for part of the cost; questions about how the system works can go to the state office at (614) 466-5394. Defendants who are not eligible should contact a private criminal defense lawyer before the first pretrial.
Prosecutors, diversion and victims
Who prosecutes. The elected Delaware County Prosecuting Attorney presents felony cases to the grand jury, tries them in the Common Pleas Court and files juvenile delinquency complaints. In the municipal court, misdemeanors are prosecuted by the City of Delaware's prosecutor, who also handles many township and village cases under agreements; mayor's courts use their own municipal prosecutors.
Diversion. First-time, lower-level defendants may be offered diversion, which typically requires completing classes, counseling, restitution or community service in exchange for dismissal. For felony defendants whose offenses are linked to drug or alcohol dependence or mental illness, Ohio's intervention in lieu of conviction statute lets the court hold a guilty plea in abeyance during treatment and dismiss the charge if the defendant succeeds. Eligibility depends on the charge and record, and the prosecutor's position often matters.
Victims. Marsy's Law, part of the Ohio Constitution since 2017, gives crime victims the right to be notified of proceedings, to attend, to be heard at bond, plea and sentencing, and to seek restitution. Victim advocates in the Prosecuting Attorney's office and the city prosecutor's office help victims use these rights.
Specialized dockets
Ohio courts may run specialized dockets, certified by the Supreme Court of Ohio, that replace ordinary probation with close judicial supervision, frequent court appearances, testing and treatment. Courts around central Ohio use this model for defendants with substance use disorders, repeat OVI offenders, people with serious mental illness and veterans, and the Delaware County courts may offer one or more of these tracks at any given time. Entry usually requires a referral, a screening and the agreement of the judge and prosecutor, and successful participants may see charges reduced or dismissed or receive community control instead of jail or prison. Defense counsel can say which programs are currently accepting participants and whether a particular charge qualifies.
Misdemeanor (for example, petty theft, a first OVI, assault, criminal trespass)
Retail theft at stores along U.S. 23 and Sawmill Parkway, OVI stops on U.S. 23 and U.S. 36, domestic disputes and trespass complaints make up much of the Delaware Municipal Court's criminal docket. Lower-level charges often begin with a citation and summons rather than an arrest.
Court steps
At arraignment, the defendant pleads guilty, no contest or not guilty, and the court addresses bond and counsel. A not-guilty plea leads to one or more pretrial conferences, where discovery is exchanged and many cases settle. If the defense files a written jury demand, the case is tried to eight jurors who must be unanimous; otherwise the judge decides it. Ohio's speedy-trial law sets 90 days for first- and second-degree misdemeanors and 45 days for third- and fourth-degree misdemeanors, extended by defense continuances and waivers.
Sentencing limits
- M1 — a jail term as long as 180 days and a fine as high as $1,000; examples are petty theft under $1,000, assault and aggravated trespass.
- M2 — up to 90 days and $750.
- M3 — up to 60 days and $500.
- M4 — up to 30 days and $250; criminal trespass is an M4.
- Minor misdemeanor — a fine of no more than $150; jail is not allowed.
First OVI
A first OVI is charged as an M1. The court must order three consecutive days in jail or a 72-hour driver intervention program, or six days for a high test of .17 or above or for certain refusal situations. Fines range from $375 to $1,075, and a court suspension of one to three years follows an administrative suspension that usually begins at arrest. Judges can grant limited driving privileges, and an ignition interlock can allow unlimited privileges in some cases. An alcohol and drug assessment and recommended treatment are standard.
Results
Charges may be dismissed, reduced or resolved through diversion; convictions bring fines, community control, jail or a combination. Many misdemeanor records can be sealed later. Expect one to four months from arraignment to resolution.
Felony (for example, burglary, felony theft, drug trafficking, felonious assault)
From the Justice Center to Common Pleas
- Initial appearance in the Delaware Municipal Court: the judge reviews the felony complaint, sets bond and arranges counsel.
- Preliminary hearing, also in municipal court: within 10 consecutive days for a defendant in jail or 15 days for one released, under Criminal Rule 5(B), unless the defendant is indicted first. The only question at this hearing is whether there is probable cause.
- Grand jury: the Prosecuting Attorney presents evidence, and the grand jury votes whether to indict. Defendants who waive indictment proceed on a bill of information.
- Arraignment at 117 North Union Street: the defendant pleads to the indictment, and the Common Pleas judge reviews bond.
- Pretrials and motions: discovery, plea negotiations and motions to suppress evidence. Most cases end with a plea.
- Trial: a unanimous 12-person jury, or a bench trial if the defendant waives a jury.
- Sentencing: usually after a presentence investigation by the adult court services department.
Ohio's speedy-trial statute requires a felony trial within 270 days of arrest, and each day in jail held only on that charge counts as three. A Delaware County felony usually takes somewhere between four months and a year from arrest to sentencing.
Ranges by degree
- F5 — 6 to 12 months; theft of $1,000 to $7,500. Community control is presumed for many first-time nonviolent offenders at the F4 and F5 levels.
- F4 — 6 to 18 months; theft of $7,500 to $150,000.
- F3 — 9 to 36 months, or 12 to 60 months for certain crimes; many burglaries.
- F2 — 2 to 8 years; examples include felonious assault and burglary of an occupied home when someone is likely there.
- F1 — 3 to 11 years; aggravated burglary and major trafficking.
The Reagan Tokes Law makes sentences indefinite for F1 and F2 offenses committed on or after March 22, 2019: a minimum term chosen by the judge, plus a potential maximum up to 50 percent longer. Drug trafficking is graded from F5 to F1 by the type and amount of drug. A firearm specification adds mandatory prison time served before the underlying sentence. Intervention in lieu of conviction and the specialized dockets described above are possible alternatives for eligible defendants.
Violent felony (for example, murder, rape, aggravated robbery)
Homicide, sexual assault and armed robbery cases in Delaware County are investigated by the Sheriff's Office or city police and often with the Ohio Bureau of Criminal Investigation's agents and crime lab. The Prosecuting Attorney's most experienced assistants take these cases to the grand jury, often within days. After the municipal court's first appearance, bond is typically very high, and prosecutors may request a hearing to hold the defendant without bail.
- Aggravated murder: life without parole, or life with parole eligibility after 20, 25 or 30 years; death is a possible penalty in a capital case, though no Ohio execution has been carried out since 2018.
- Murder: 15 years to life.
- Rape: a first-degree felony with an indefinite Reagan Tokes sentence, and life imprisonment possible in certain cases involving children under 13.
- Aggravated robbery: a first-degree felony, frequently with a firearm specification.
A violent felony case commonly takes one to two years, and longer when DNA, digital evidence or expert testimony is contested. Victims have Marsy's Law rights to notice, presence and a voice at key hearings. Defendants who cannot afford a lawyer receive appointed counsel who meets the state's standards for serious felony and capital cases.
Juveniles (under 18) arrested in Delaware County
Cases against Delaware County youths under 18 are heard by the Probate and Juvenile Division of the Common Pleas Court at 145 North Union Street, (740) 833-2600. The Prosecuting Attorney files delinquency complaints on the state's behalf.
Intake
Court intake staff screen police and school referrals. Many first offenses and lower-level cases are handled unofficially or through diversion, with requirements such as community service, restitution, counseling, education programs or a behavior contract, and no formal adjudication once those are completed.
Detention
Police and the court send the large majority of Delaware County youths home with a parent or guardian. Delaware County does not operate its own juvenile detention center, so a youth the court orders held is typically placed at a regional juvenile detention facility outside the county, such as the multi-county Central Ohio Youth Center near Marysville; the Juvenile Court can confirm the placement. Youths are not held in the adult jail. Any youth who is held gets a detention hearing quickly, ordinarily inside 72 hours or by the next day court is in session.
Dispositions
A delinquency finding can lead to probation, treatment, community service, restitution, electronic monitoring or a short detention stay. For felony-level offenses, a youth may be committed to the Ohio Department of Youth Services.
Bindover and blended sentences
Ohio law requires transfer to adult court for some 16- and 17-year-olds, and in limited circumstances 14- and 15-year-olds, charged with the most serious offenses. For other felonies, the juvenile judge may transfer a youth 14 or older after an amenability hearing. A Serious Youthful Offender disposition can pair a juvenile sanction with an adult sentence that is stayed while the youth complies.
Juvenile records are generally confidential, and many can be sealed. Youths are entitled to a lawyer, and the court appoints counsel for families who qualify.
Federal cases (U.S. District Court) from Delaware County
Federal prosecutions arising in Delaware County belong to the Southern District of Ohio's Eastern Division and are generally heard about 25 miles south at the Joseph P. Kinneary U.S. Courthouse, 85 Marconi Boulevard, Columbus, OH 43215.
Key federal offices
- U.S. Attorney, Southern District of Ohio — 303 Marconi Boulevard, Suite 200, Columbus, OH 43215, (614) 469-5715
- Federal Public Defender — Columbus office, 10 West Broad Street, Suite 1020, Columbus, OH 43215, (614) 469-2999
- U.S. Marshals Service — Columbus headquarters in Room 460 of the Kinneary building, (614) 469-5540
What brings a Delaware County case to federal court
Federal agencies such as the FBI, DEA, ATF, HSI, the Secret Service and IRS Criminal Investigation investigate violations of federal law and refer them to the U.S. Attorney. With its affluent suburbs, office parks and major highways, Delaware County generates federal cases involving securities, wire and health care fraud, identity theft, online child exploitation, drug distribution and illegal firearm possession. Some conduct can be charged in either state or federal court, and prosecutors decide where it goes.
Federal procedure
An arrested defendant first appears before a magistrate judge in Columbus, who explains the charges and appoints the Federal Public Defender or a CJA panel attorney if needed. If prosecutors move for detention, the hearing is usually held within three court days. The Bail Reform Act allows release on conditions supervised by U.S. Pretrial Services or detention pending trial; a bail bondsman cannot buy a federal defendant's release. A defendant charged by complaint must be indicted within 30 days, and the Speedy Trial Act requires trial within 70 days of indictment, subject to frequent exclusions for discovery and motions. Plea agreements resolve most cases; a federal jury of 12 must reach a unanimous verdict.
U.S. Probation prepares a presentence report, and the judge considers the advisory Sentencing Guidelines along with any mandatory minimum, which cannot be reduced except in narrow circumstances. The federal system has no parole, so defendants typically serve about 85 percent of the sentence in the Bureau of Prisons before supervised release. Appeals go to the U.S. Court of Appeals for the Sixth Circuit.
Custody and juveniles
Federal pretrial detainees from Delaware County are held by the U.S. Marshals in jails and detention facilities that contract with the Marshals Service; relatives back home in Delaware should search the Federal Bureau of Prisons inmate locator for a person from Delaware County with a name or register number. Someone from Delaware still awaiting trial in a Marshals-contract jail can also appear on the facility's roster. Federal prosecution of people under 18 is rare.
This guide to Delaware County criminal courts is general information, not legal advice, and court locations, schedules and programs can change. Anyone charged in Delaware, Powell, Sunbury or elsewhere in the county should speak with a criminal defense attorney; if you cannot afford one, ask the court for appointed counsel or call the Ohio Public Defender at (614) 466-5394.
Criminal Court Process for Delaware County Ohio
Delaware 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 Delaware 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, Delaware 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 Delaware 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 Delaware 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, Delaware County or a city or town. The prosecuting attorney for Delaware 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 Delaware 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 Delaware 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 Delaware 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 Delaware 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 Delaware 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 Delaware 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.
