James A. Karnes Corrections Center Criminal Court Process
Criminal Court Process for Franklin County Ohio
Franklin County is Ohio's most populous county, and Columbus, the state capital, is its county seat. A single court, the Franklin County Municipal Court on South High Street, handles misdemeanor, OVI and traffic cases and the early stage of felonies for the whole county, while sixteen suburbs and villages also run mayor's courts for local ordinance and traffic tickets. Felonies are tried after indictment in the Franklin County Court of Common Pleas next door, prosecuted by the elected Franklin County Prosecuting Attorney; Columbus misdemeanors are prosecuted by the City Attorney's office. Adults held after arrest are in the custody of the Franklin County Sheriff, who runs two corrections centers on the city's west and south sides.
- Franklin County Court of Common Pleas, General Division, 345 South High Street, Columbus, OH 43215, (614) 525-3453
- Franklin County Clerk of Courts (felony filings and records), 373 South High Street, 23rd Floor, Columbus, OH 43215, (614) 525-3600
- Franklin County Municipal Court, 375 South High Street, Columbus, OH 43215, (614) 645-8186
- Court of Common Pleas, Domestic Relations and Juvenile Branch, 373 South High Street, Columbus, OH 43215, (614) 525-3628
- Franklin County Prosecuting Attorney, 373 South High Street, 14th Floor, Columbus, OH 43215, (614) 525-3555
- Franklin County Public Defender, 373 South High Street, 12th Floor, Columbus, OH 43215, (614) 525-3194
- Franklin County Sheriff's Office (general), 373 South High Street, Columbus, OH 43215, (614) 525-3333
- James A. Karnes Corrections Center, 2551 Fisher Road, Columbus, OH 43204, and Corrections Center II, 2460 Jackson Pike, Columbus, OH 43223; main line for both (614) 525-3368
Which court hears your case. The Franklin County Municipal Court's territory covers the entire county, so a misdemeanor, OVI or traffic charge filed by Columbus police, the Sheriff, the Highway Patrol or a suburban department generally goes to 375 South High Street; the court also generally hears cases from the parts of Columbus that extend into Delaware and Fairfield counties. Franklin County has no county court. In Bexley, Canal Winchester, Dublin, Gahanna, Grove City, Groveport, Harrisburg, Hilliard, Minerva Park, New Albany, Obetz, Reynoldsburg, Upper Arlington, Valleyview, Westerville, Whitehall and Worthington, many ordinance and traffic violations go to the local mayor's court instead; those courts have no juries, and a defendant can ask to transfer the case to the municipal court. Felonies begin in the municipal court with an initial appearance and preliminary hearing and move to the Common Pleas General Division once a grand jury indicts or a bill of information is filed. Appeals go to the Tenth District Court of Appeals in Columbus.
Where pretrial detainees are held. Columbus does not run a city jail, so adults arrested anywhere in Franklin County, by Columbus police, suburban officers, deputies or troopers, are booked into the Sheriff's custody. The Sheriff houses pretrial detainees at the James A. Karnes Corrections Center on Fisher Road, which opened in 2022, and at Corrections Center II on Jackson Pike. Both facilities share the main corrections line, (614) 525-3368, for questions about custody, bond and visits.
- Local courts in Franklin County (municipal, county and mayor's courts)
- The South High Street courthouse complex
- What happens after an arrest in Franklin County
- The Sheriff's corrections centers
- The Franklin County Public Defender
- 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 Franklin County
- Federal cases (U.S. District Court) from Franklin County
Local courts in Franklin County (municipal, county and mayor's courts)
One municipal court with a separate environmental division serves the whole county, and mayor's courts operate in many suburbs. If a ticket names a mayor's court, appear there; if it names the municipal court, go to South High Street.
Municipal court
- Franklin County Municipal Court — 375 South High Street, Columbus, OH 43215, (614) 645-8186. Territory: all of Franklin County, including Columbus, every suburb and township, and generally the Columbus neighborhoods in Delaware and Fairfield counties. Hears misdemeanors, OVI and traffic cases, felony arraignments and preliminary hearings, civil cases within its limit and small claims. Its Environmental Division, in the same building, handles housing, building, health and environmental code cases, including criminal code violations.
County courts
Franklin County has no county court, since every township is already inside the municipal court's territory.
Mayor's courts
- Bexley Mayor's Court — 2242 East Main Street, Bexley, OH 43209, (614) 559-4437
- Canal Winchester Mayor's Court — court held at Town Hall, 10 North High Street; clerk at 36 South High Street, Canal Winchester, OH 43110, (614) 837-7691
- Dublin Mayor's Court — Dublin Justice Center, 6565 Commerce Parkway, Dublin, OH 43017, (614) 410-4920
- Gahanna Mayor's Court — Gahanna City Hall, 200 South Hamilton Road, Gahanna, OH 43230, (614) 342-4080
- Grove City Mayor's Court — 3360 Park Street, Grove City, OH 43123, (614) 277-1715
- Groveport Mayor's Court — Municipal Building, 655 Blacklick Street, Groveport, OH 43125, (614) 830-2043
- Harrisburg Mayor's Court — at the village offices, 1100 High Street, Harrisburg, OH 43126
- Hilliard Mayor's Court — Joint Safety Services Building, 5171 Northwest Parkway, Hilliard, OH 43026, (614) 334-2348
- Minerva Park Mayor's Court — 2829 Minerva Lake Road, Columbus, OH 43231, (614) 882-1408
- New Albany Mayor's Court — Village Hall, 99 West Main Street, New Albany, OH 43054, (614) 855-8577
- Obetz Mayor's Court — 4175 Alum Creek Drive, Obetz, OH 43207, (614) 491-3211
- Reynoldsburg Mayor's Court — 7232 East Main Street, Reynoldsburg, OH 43068, (614) 322-6804
- Upper Arlington Mayor's Court — 3600 Tremont Road, Upper Arlington, OH 43221, (614) 583-5060
- Valleyview Mayor's Court — Village of Valleyview, on Columbus's west side; the village offices can provide session information
- Westerville Mayor's Court — 21 South State Street, Westerville, OH 43081, (614) 901-6419
- Whitehall Mayor's Court — Whitehall City Hall, 360 South Yearling Road, Whitehall, OH 43213, (614) 338-3109
- Worthington Mayor's Court — 6550 North High Street, Worthington, OH 43085, (614) 786-7351
- Lithopolis and Pickerington mayor's courts, based in Fairfield County, may hear tickets from the small Franklin County portions of those communities: Lithopolis, 11820 Lithopolis Road, (614) 837-2031; Pickerington City Hall, 100 Lockville Road, (614) 837-3974, ext. 2417
Mayor's courts are limited to ordinance and traffic cases within their own boundaries and do not hold jury trials. Certain serious traffic matters must go to the municipal court, and any defendant may request a transfer there.
The South High Street courthouse complex
Downtown Columbus's justice buildings sit together along South High Street, a few blocks south of the Statehouse:
- 375 South High Street — the Franklin County Municipal Court, including the arraignment courtroom, misdemeanor and OVI courtrooms, the Environmental Division and the municipal court clerk.
- 345 South High Street — the Common Pleas Courthouse for the General Division, where felony cases are arraigned, tried and sentenced.
- 373 South High Street — the Franklin County Government Center tower, housing the Clerk of Courts (23rd Floor), the Prosecuting Attorney (14th Floor), the Public Defender (12th Floor), the Domestic Relations and Juvenile Branch, the Probate Court and the Tenth District Court of Appeals.
Expect airport-style screening, long lines on weekday mornings and limited parking; public garages and COTA bus routes serve the area. Bring the case number and arrive at least 30 minutes early.
What happens after an arrest in Franklin County
Booking
An arrested adult is taken to a Sheriff's corrections center, where deputies fingerprint, photograph and medically screen the person and record property. The arresting agency files a complaint in the Franklin County Municipal Court, or for some ordinance offenses, in a suburban mayor's court.
Bond
Some misdemeanor bonds can be posted from the municipal court's bond schedule soon after booking. For other charges, the amount is set by a judge at the first appearance. Since the 2022 bail amendment to the Ohio Constitution, judges must consider public safety, the person's criminal record, the seriousness of the offense and the likelihood of appearance. Options include a recognizance bond, a 10 percent deposit bond, and a cash or surety bond posted through a licensed bail agent; pretrial services staff can supervise release conditions such as reporting, alcohol monitoring or GPS.
Arraignment
People held in custody are arraigned in the municipal court, usually the next business day and typically by video from the corrections center. A public defender is generally available at that first hearing. Misdemeanor defendants enter pleas; felony defendants learn the charges and have bond set, and their cases are scheduled for a preliminary hearing or presented to the grand jury.
After arraignment
Misdemeanors continue to pretrials and possibly trial in the municipal court. Felonies are either indicted directly or bound over after a preliminary hearing, then arraigned in the Common Pleas General Division and assigned to an individual judge for pretrials, motions and trial or plea.
The Sheriff's corrections centers
The Franklin County Sheriff's Office runs two adult facilities:
- James A. Karnes Corrections Center — 2551 Fisher Road, Columbus, OH 43204. The county's newest jail, named for a former sheriff, replaced the old downtown facility in 2022.
- Corrections Center II — 2460 Jackson Pike, Columbus, OH 43223, on the south side.
The main corrections number for both is (614) 525-3368, and the Sheriff's general line is (614) 525-3333. Detainees appear in court by video or are transported to South High Street. Visitation, phone accounts, commissary deposits and mail follow rules set by the Sheriff that change from time to time, so check before visiting or sending money. A person released from either center should arrange a ride in advance.
The Franklin County Public Defender
The Franklin County Public Defender, 373 South High Street, 12th Floor, (614) 525-3194, is one of the largest public defense offices in Ohio. Its lawyers represent eligible adults in the municipal court and the Common Pleas Court and youths in the juvenile court. Eligibility is based on a financial affidavit that lists income, household size and assets; a small application fee may be requested, but inability to pay it does not bar representation. When the office has a conflict of interest, for example in a case with multiple defendants, the court appoints a private attorney from its appointed-counsel list. Anyone who does not qualify should contact a private defense lawyer quickly, ideally before the first pretrial or preliminary hearing.
Prosecutors, diversion and victims
Felonies and juvenile cases belong to the Franklin County Prosecuting Attorney, 373 South High Street, 14th Floor, (614) 525-3555. The office presents cases to the county grand jury, tries indicted felonies and files delinquency complaints.
Misdemeanors in the municipal court are prosecuted by the Columbus City Attorney's Prosecutor Division for offenses in Columbus and in some townships, and by each suburb's law director or city prosecutor for offenses inside that suburb. Mayor's courts have their own prosecutors.
Diversion. The Prosecuting Attorney's Alternatives to Prosecution program lets some first-time, lower-level felony defendants complete conditions such as treatment, restitution or classes in exchange for dismissal. City prosecutors run their own misdemeanor diversion options. Ohio's intervention in lieu of conviction statute is another route for eligible defendants whose offenses are linked to addiction or mental illness.
Victims. Under Marsy's Law, victims have constitutional rights to notice of proceedings, to attend and to be heard at bond, plea and sentencing, and to restitution. Victim advocates in the Prosecuting Attorney's office and the City Attorney's office help victims exercise those rights.
Specialized dockets
Franklin County's courts operate a wide set of specialized dockets certified by the Supreme Court of Ohio. These programs trade standard probation for intensive supervision by a single judge, treatment, frequent drug testing and regular court check-ins, with reduced or dismissed charges or lighter sentences for those who finish. In the municipal court they include the CATCH court (Changing Actions to Change Habits), a nationally known docket for people involved in human trafficking and commercial sexual exploitation, along with a military and veterans docket and programs focused on mental health and substance use. The Common Pleas Court runs its own felony-level drug and recovery dockets and other treatment programs. Program names and admission rules change over time, so a defense lawyer is the best source for whether a particular case qualifies.
Misdemeanor (for example, petty theft, a first OVI, assault, criminal trespass)
The Franklin County Municipal Court handles one of the heaviest misdemeanor caseloads in Ohio. Theft from big-box and mall stores, OVI arrests on the outerbelt (I-270) and downtown, domestic violence charges and trespass complaints are routine. Many lower-level offenses start with a summons or citation; OVI and domestic violence usually involve an arrest and booking.
Inside the municipal court
At arraignment the defendant enters a plea, and the court reviews bond and counsel. A not-guilty plea sends the case to an assigned judge for pretrial conferences, where discovery such as body-camera video is shared and plea offers are discussed. A jury trial happens only after a written jury demand; the eight jurors must be unanimous. Under Ohio's speedy-trial law, the state has 90 days to try a first- or second-degree misdemeanor and 45 days for a third- or fourth-degree misdemeanor, with time extended by defense continuances.
Maximum sentences
- M1 — 180 days and $1,000; petty theft (under $1,000), assault and aggravated trespass fall here.
- M2 — 90 days and $750.
- M3 — 60 days and $500.
- M4 — 30 days and $250; criminal trespass.
- Minor misdemeanor — a fine capped at $150, with no possibility of jail.
First OVI
A first OVI is an M1 that requires at least three consecutive days in jail or a 72-hour driver intervention program, or six days when the test is at the high level (.17 or above) or certain refusal provisions apply. The court must also fine the driver at least $375, and the cap is $1,075. An administrative license suspension usually begins at arrest, and a conviction carries a court suspension of one to three years, with limited privileges commonly granted and ignition-interlock options for broader driving. Treatment and assessment are typically ordered.
Outcomes and time
Dismissal, reduction, diversion, intervention in lieu of conviction, fines, community control and jail are all possible endings. Sealing is often possible once the required waiting period has passed. Most Franklin County misdemeanor cases are finished in one to four months.
Felony (for example, burglary, felony theft, drug trafficking, felonious assault)
Franklin County's Common Pleas General Division handles thousands of felony indictments a year. The early steps take place in the municipal court at 375 South High Street.
The sequence
- Municipal court arraignment on the felony complaint, with bond set and counsel appointed or confirmed.
- Preliminary hearing within 10 consecutive days for a jailed defendant or 15 days for one released (Criminal Rule 5(B)), unless an indictment arrives first. Many Franklin County felonies are indicted directly, so the hearing never happens.
- Grand jury review by a Franklin County grand jury, which hears the prosecutor's evidence in private. Some defendants waive indictment and plead to a bill of information.
- Common Pleas arraignment at 345 South High Street, where the case is assigned to a judge and bond is reviewed.
- Pretrials, discovery and motions, which can stretch over several months. Most cases settle by plea agreement.
- Trial before a 12-person jury that must be unanimous, or before the judge if the defendant waives a jury.
- Sentencing, usually after a presentence investigation.
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 days. Most felonies take four to twelve months.
Sentencing ranges
- F5: 6 to 12 months; theft of $1,000 to $7,500. Ohio's sentencing law points many first-time, nonviolent F4 and F5 offenders toward community control rather than prison.
- F4: 6 to 18 months; theft of $7,500 to $150,000.
- F3: generally 9 to 36 months, though a handful of listed offenses allow 12 to 60; burglary charges often land here.
- F2: 2 to 8 years; this tier includes felonious assault and the burglary of an occupied dwelling when a person is likely inside.
- F1: 3 to 11 years.
For F1 and F2 offenses committed on or after March 22, 2019, the Reagan Tokes Law requires indefinite sentences: a minimum term set by the judge and a maximum up to 50 percent longer. Drug trafficking ranges from F5 to F1 depending on the drug and amount, and fentanyl cases can carry heavy mandatory terms. Firearm specifications add mandatory prison time, and repeat violent offender specifications can add more. Intervention in lieu of conviction and the specialized dockets are alternatives for eligible defendants.
Violent felony (for example, murder, rape, aggravated robbery)
Most of Franklin County's homicide, shooting, sexual assault and armed robbery cases are investigated by the Columbus Division of Police, with suburban departments, the Sheriff and the Ohio Bureau of Criminal Investigation handling others. Senior trial attorneys in the Prosecuting Attorney's office take these cases to the grand jury, often within days of the arrest. At the municipal court's first appearance, bond is usually set very high, and prosecutors may seek detention without bail after a hearing.
Penalties
- Aggravated murder: the judge may impose life without parole or life with a first parole hearing at 20, 25 or 30 years, and a capital prosecution can end in a death sentence. Ohio retains the death penalty, but no execution has been carried out since 2018 because of repeated reprieves.
- Murder: 15 years to life, with additional mandatory time for firearm specifications.
- Rape: an F1 sentenced under Reagan Tokes with a minimum and maximum term; life imprisonment is possible in certain cases with victims under 13.
- Aggravated robbery: an F1, and in Columbus cases it frequently carries a gun specification as well.
Violent felony cases in Franklin County often take one to two years or more, especially when there are multiple defendants, forensic disputes or expert witnesses. Victims have Marsy's Law rights to notice, attendance and a voice at hearings. The Public Defender's office or appointed counsel who meet state standards for serious felony and capital cases represents defendants who cannot afford a lawyer.
Juveniles (under 18) arrested in Franklin County
In Franklin County, delinquency cases go to the Juvenile Branch of the Court of Common Pleas, Domestic Relations and Juvenile Division, at 373 South High Street, (614) 525-3628. The Prosecuting Attorney's juvenile unit files complaints for the state.
Intake and diversion
Intake staff review complaints from police and schools. First-time and lower-level matters are often handled unofficially or diverted into programs that may require community service, restitution, counseling, mentoring or school compliance; finishing the program keeps the youth from being formally adjudicated delinquent.
The Juvenile Intervention Center
Police and intake staff release most Franklin County youths to a parent or guardian. A youth who must be held is taken to the court's juvenile detention facility, now called the Franklin County Juvenile Intervention Center, at 399 South Front Street downtown, and never to an adult corrections center. A detention hearing must follow promptly, generally within 72 hours or by the next court day.
Possible dispositions
A youth found delinquent may receive probation, treatment, community service, restitution, electronic monitoring or a period in detention. For felony-level offenses, the court can commit the youth to the Ohio Department of Youth Services, potentially until age 21.
Adult court and Serious Youthful Offender cases
Bindover to the Common Pleas General Division is mandatory for some 16- and 17-year-olds, and in limited cases 14- and 15-year-olds, charged with the most serious crimes, such as murder or certain offenses with firearms. Outside that mandatory group, transfer of a youth aged 14 or older is up to the juvenile judge, who first decides at an amenability hearing whether the juvenile system can rehabilitate the youth. A Serious Youthful Offender blended sentence combines a juvenile disposition with an adult sentence that is stayed and can be imposed if the youth fails.
Juvenile records are generally confidential, and most can later be sealed. The Franklin County Public Defender represents youths who qualify.
Federal cases (U.S. District Court) from Franklin County
Columbus is the main seat of the U.S. District Court for the Southern District of Ohio, Eastern Division, so Franklin County federal cases are heard only a few blocks from the county courts, at the Joseph P. Kinneary U.S. Courthouse, 85 Marconi Boulevard, Columbus, OH 43215.
Each of the federal offices involved has its Columbus headquarters near the courthouse:
- Prosecution — U.S. Attorney's Office, Southern District of Ohio, 303 Marconi Boulevard, Suite 200, Columbus, OH 43215; main line (614) 469-5715, victim-witness (888) 529-2820
- Defense — Federal Public Defender, 10 West Broad Street, Suite 1020, Columbus, OH 43215, (614) 469-2999, with Criminal Justice Act panel lawyers taking conflict cases
- Custody — U.S. Marshals Service, Southern District headquarters, 85 Marconi Boulevard, Room 460, Columbus, OH 43215, (614) 469-5540
Which cases go federal. Federal charges follow investigations by agencies such as the FBI, DEA, ATF, Homeland Security Investigations, the Secret Service, IRS Criminal Investigation and the Postal Inspection Service, often working through task forces with Columbus police and the Sheriff. In Franklin County, common federal prosecutions include drug trafficking organizations, felons and other prohibited persons with guns, violent gang cases, bank robbery, child exploitation, public corruption, and health care, bank and pandemic-relief fraud. Prosecutors at both levels coordinate on cases that could be charged in either system.
Process. A federal arrestee appears before a magistrate judge at the Kinneary courthouse, usually the same or next court day, and is appointed counsel if eligible. When the government seeks detention, the hearing is generally held within three court days. The Bail Reform Act lets the judge release the defendant on conditions supervised by U.S. Pretrial Services or order detention; private bail bonds are not part of federal practice. An indictment must follow within 30 days of an arrest on a complaint, and the Speedy Trial Act sets a 70-day deadline for trial, regularly extended for complex discovery. Most defendants plead guilty; federal juries have 12 members and must be unanimous.
Sentencing. After a presentence report by U.S. Probation, the judge calculates the advisory Sentencing Guidelines and applies any mandatory minimum, which is common in drug and firearm cases. Federal sentences carry no parole; with good-conduct credit, a defendant serves roughly 85 percent of the term in the Bureau of Prisons, followed by supervised release. Federal appeals from Franklin County cases go to the Sixth Circuit court of appeals.
Detention and juveniles. A Franklin County defendant ordered detained in a federal case stays in Marshals custody at one of the facilities that house federal prisoners under contract; relatives in Columbus can try the Federal Bureau of Prisons inmate locator for someone from Franklin County by name or register number. Franklin County detainees held pretrial at a Marshals-contract jail might also appear in that jail's lookup. Federal prosecution of people under 18 is uncommon.
This Franklin County page gives a general description of how criminal cases move through the municipal, mayor's, Common Pleas, juvenile and federal courts; it is not legal advice, and procedures and programs change. If you are charged, contact a criminal defense attorney or the Franklin County Public Defender at (614) 525-3194.
Criminal Court Process for Franklin County Ohio
Franklin 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 Franklin 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, Franklin 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 Franklin 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 Franklin 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, Franklin County or a city or town. The prosecuting attorney for Franklin 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 Franklin 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 Franklin 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 Franklin 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 Franklin 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 Franklin 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 Franklin 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.
