Greene County Detention Center Criminal Court Process
Criminal Court Process for Greene County Ohio
Xenia is the county seat of Greene County, a fast-growing county east of Dayton that includes Beavercreek, Fairborn, Wright State University, Cedarville and Wright-Patterson Air Force Base. Two municipal courts divide the county's misdemeanor, OVI and traffic work: the Fairborn Municipal Court for the northwest corner around Fairborn and Beavercreek, and the Xenia Municipal Court for the rest. Felony cases are tried in the General Division of the Greene County Court of Common Pleas in downtown Xenia and prosecuted by the elected Greene County Prosecuting Attorney, while city prosecutors handle most municipal-court misdemeanors. The Greene County Sheriff holds arrested adults in the county jail in Xenia.
- Greene County Court of Common Pleas, General Division, Greene County Courthouse, 45 N. Detroit Street, Xenia, OH 45385; Clerk of Courts (937) 562-5290
- Xenia Municipal Court, 101 N. Detroit Street, Xenia, OH 45385, (937) 376-7294
- Fairborn Municipal Court, 1148 Kauffman Avenue, Fairborn, OH 45324, (937) 754-3040
- Greene County Juvenile Court and Juvenile Detention Center, 2100 Greene Way Boulevard, Xenia, OH 45385, (937) 562-4000
- Greene County Prosecuting Attorney, 61 Greene Street, Xenia, OH 45385, (937) 562-5250
- Greene County Public Defender, 64 E. Main Street, Xenia, OH 45385, (937) 562-5041
- Greene County Sheriff's Office, 120 E. Main Street, Xenia, OH 45385, (937) 562-4800; Greene County Jail, 77 E. Market Street, Xenia, OH 45385
Which court hears your case. Location decides the first court. A misdemeanor, OVI or traffic charge from Fairborn, Beavercreek, Bath Township or Beavercreek Township is generally filed in the Fairborn Municipal Court on Kauffman Avenue; one from Xenia, Bellbrook, Cedarville, Jamestown, Yellow Springs, Wilberforce or the eastern and southern townships generally goes to the Xenia Municipal Court on North Detroit Street. Greene has no county court, because the two municipal courts cover every part of the county. In the village of Yellow Springs, ordinance and traffic tickets can be heard first by the Yellow Springs Mayor's Court; it has no jury, and a defendant can ask to have the case moved to the Xenia Municipal Court. A felony arrest begins in whichever municipal court covers the place of the offense, which handles the first appearance, bond and preliminary hearing; after a Greene County grand jury indicts, or the defendant waives indictment and accepts a bill of information, the case goes to the Common Pleas General Division. Appeals from Greene County go to Ohio's Second District Court of Appeals in Dayton.
Where pretrial detainees are held. All adult arrests in the county, whether by the Sheriff, the State Highway Patrol or the Xenia, Fairborn, Beavercreek, Bellbrook, Cedarville, Yellow Springs or university police, end in booking by the Greene County Sheriff. The Sheriff's main jail is the Greene County Jail at 77 E. Market Street in downtown Xenia, about 130 beds, and the Sheriff also runs the Greene County Detention Center at 2295 Greene Way Boulevard on the county's justice campus. A detainee may be housed in either building. For custody status, bond amounts or visiting rules, call the Sheriff's Office at (937) 562-4800.
- Local courts in Greene County (municipal, county and mayor's courts)
- Greene County courthouses and offices
- What happens after an arrest in Greene County
- The Greene County jail
- The Greene County Public Defender
- The Prosecuting Attorney and diversion
- Specialty dockets in Greene County
- 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 Greene County
- Federal cases (U.S. District Court) from Greene County
1. Local courts in Greene County (municipal, county and mayor's courts)
Greene County's local criminal courts are two municipal courts and one village mayor's court. Territory lines follow city and township boundaries, so check the citation or bond paperwork for the court name.
Municipal courts
- Fairborn Municipal Court — 1148 Kauffman Avenue, Fairborn, OH 45324, (937) 754-3040. Territory: generally the cities of Fairborn and Beavercreek and Bath and Beavercreek townships, the area around Wright State University and the base.
- Xenia Municipal Court — 101 N. Detroit Street, Xenia, OH 45385, (937) 376-7294. Territory: generally the remainder of Greene County, including Xenia, Bellbrook, Cedarville, Jamestown, Yellow Springs, Bowersville, Clifton and Spring Valley, Wilberforce, and the Caesarscreek, Cedarville, Jefferson, Miami, New Jasper, Ross, Silvercreek, Spring Valley, Sugarcreek and Xenia townships.
County court
Greene County has no county court; the two municipal courts above split the entire county.
Mayor's court
- Yellow Springs Mayor's Court — Village of Yellow Springs, 100 Dayton Street, Yellow Springs, OH 45387, (937) 767-3400. Hears village ordinance and traffic cases written by Yellow Springs police; no jury trials, and contested or serious matters go to the Xenia Municipal Court.
No other Greene County city or village appears on the Supreme Court of Ohio's latest mayor's court report, so tickets written in Beavercreek, Bellbrook, Fairborn or Xenia go straight to a municipal court.
2. Greene County courthouses and offices
Most hearings in a Greene felony take place in downtown Xenia, within walking distance of each other. The historic Greene County Courthouse at 45 N. Detroit Street holds the Common Pleas General Division courtrooms and the Clerk of Courts, which keeps felony case files and accepts filings. The Xenia Municipal Court sits a block away at 101 N. Detroit Street. The Prosecuting Attorney's office is on Greene Street, and the Public Defender is on East Main Street, near the Sheriff's administrative office at 120 E. Main.
Two other sites matter. The Fairborn Municipal Court is in Fairborn's government center on Kauffman Avenue, about 12 miles northwest of Xenia, and it hears the many traffic and misdemeanor cases from Beavercreek's retail corridors and Interstate 675. The county's justice campus off Greene Way Boulevard, north of downtown Xenia, holds the Juvenile Court and its detention center at 2100 Greene Way Boulevard and the Sheriff's detention center at 2295. Domestic relations cases are heard at a separate location on Ledbetter Road in Xenia.
Arrive early for security screening, and bring the case number. Phones and bags may be restricted inside courtrooms, and many first appearances for people in custody are conducted by video from the jail.
3. What happens after an arrest in Greene County
Booking
Officers bring the arrested person to the Sheriff's jail in Xenia for fingerprints, photographs, a property inventory and a records check. Charges, bond and the next court date usually appear in the Sheriff's inmate listing within hours.
Bond
For many misdemeanors, a schedule set by the Xenia or Fairborn court lets the person post bond right away. Otherwise, a municipal court judge sets the terms at the first appearance, considering, as Ohio's Constitution has required since 2022, public safety, the person's record, the seriousness of the offense and whether the person will show up. The choices include release on recognizance, a 10 percent deposit, a full cash bond or a surety bond written by a licensed bail agent. Conditions such as no contact with an alleged victim, alcohol monitoring or GPS are common in domestic and OVI cases.
First appearance
A detainee is brought before the municipal court without unnecessary delay, typically on the next business day and often by video. The judge explains the charge and the person's rights, takes up appointment of counsel, and sets or reviews bond. Misdemeanor defendants enter a plea at this arraignment; felony defendants do not yet.
Felony steps
For a felony, the municipal court schedules a preliminary hearing within 10 days for a person in jail or 15 days for one on bond, unless the Prosecuting Attorney obtains an indictment first, which is common in Greene County. The case then moves to the Common Pleas courthouse for arraignment, discovery and pretrial conferences, and finally a plea or trial. A felony must reach trial within 270 days of arrest under Ohio's speedy-trial statute, and each day jailed solely on that charge counts triple.
4. The Greene County jail
The Greene County Sheriff's Office is responsible for every adult held before trial in the county. The downtown Greene County Jail at 77 E. Market Street, with roughly 130 beds, holds new arrestees and people awaiting court. The Greene County Detention Center at 2295 Greene Way Boulevard gives the Sheriff additional housing, and inmates move between buildings as space and classification require. Sentenced misdemeanor inmates also serve time in these facilities, while people sentenced to prison are transferred to the Ohio Department of Rehabilitation and Correction.
Families can deposit money for commissary and phone accounts, schedule video visits and send mail under the jail's rules; ask the Sheriff's staff at (937) 562-4800 for the current procedure. Bonds can generally be posted at the jail at any hour. Medical and mental health needs should be reported to staff at booking.
5. The Greene County Public Defender
Greene County has its own public defender office at 64 E. Main Street in Xenia, (937) 562-5041. It represents adults who qualify financially in felony cases in the Common Pleas Court and in jailable misdemeanor cases in the Xenia and Fairborn municipal courts, and it handles juvenile delinquency matters as well. When the office has a conflict, for example because it represents a co-defendant, the court appoints a private attorney paid by the county.
To get a public defender, tell the judge at the first appearance, or contact the office directly if you are in jail. You will fill out a financial affidavit listing income, assets and household size, and Ohio law permits a modest application fee of up to $25 that can be waived. People released on bond should apply well before the next hearing so the lawyer has time to review the case. If you can afford to hire a private attorney, you remain free to do so at any stage.
6. The Prosecuting Attorney and diversion
The elected Greene County Prosecuting Attorney, (937) 562-5250, presents felony cases to the grand jury, tries them in the Common Pleas Court, files juvenile delinquency complaints and represents the state in appeals. Misdemeanors in the municipal courts are prosecuted mostly by city prosecutors: Xenia's for its own cases, Fairborn's and Beavercreek's for theirs, with the smaller communities and townships served by prosecutors under local arrangements.
Diversion
Diversion lets some people avoid a conviction by completing conditions such as classes, community service, restitution and treatment within a set period, after which the charge is dismissed. The Prosecuting Attorney's office generally offers a felony diversion option for certain first-time, nonviolent offenders, and the municipal courts and city prosecutors run their own programs for first misdemeanors such as petty theft. Separately, Ohio's intervention in lieu of conviction statute allows a judge to hold a plea in abeyance while a person whose drug or alcohol use contributed to the offense completes treatment. Ask the defense lawyer early whether a case qualifies; violent offenses and some OVI charges are excluded.
Victims
The office's victim-witness staff provide notice of hearings, help with protection orders and restitution requests, and support victims who want to speak at sentencing under Marsy's Law.
7. Specialty dockets in Greene County
Like most larger Ohio counties, Greene County has specialized dockets for defendants whose cases are linked to addiction, mental illness or military service. These dockets combine close judicial supervision with treatment, frequent testing and regular review hearings, and finishing one can lead to a reduced charge, a dismissal or a shorter sentence.
- Drug or recovery court for felony defendants with substance use disorders, run through the Common Pleas Court with probation and treatment providers.
- OVI and other treatment dockets in the municipal courts for repeat impaired drivers and people with addiction-related misdemeanors.
- Mental health and veterans dockets, an especially relevant option in a county that is home to Wright-Patterson Air Force Base and many veterans.
Admission is voluntary and usually requires the prosecutor's and judge's approval. A defense lawyer can ask which of these programs the assigned court currently operates and whether the charge qualifies.
8. Misdemeanor (for example, petty theft, a first OVI, assault, criminal trespass)
Typical Greene County misdemeanors include shoplifting at The Greene or Fairfield Commons in Beavercreek, campus-area disorderly conduct near Wright State, assaults after an argument in Xenia, and OVI stops on U.S. 35 or Interstate 675. Many people receive a summons and are not jailed at all; those arrested are booked in Xenia and either post a scheduled bond or see a municipal judge the next business day.
Possible penalties
- M1: up to 180 days behind bars and a $1,000 fine. Petty theft (under $1,000), assault and aggravated trespass carry this level.
- M2: a cap of 90 days and $750. M3: 60 days and $500 at most.
- M4: a ceiling of 30 days and $250; ordinary criminal trespass is in this class.
- Minor misdemeanor: fine only, never more than $150.
A first OVI
A first-offense OVI is an M1. The minimum is three consecutive days, which judges in Xenia and Fairborn often allow to be served in a 72-hour driver intervention program instead of jail; that minimum rises to six days for a breath, blood or urine result at the high-test level (.17 or more) and for some refusal cases. Fines run from $375 to $1,075. The license is suspended administratively at arrest, and the court then imposes a one- to three-year suspension, with limited privileges or, in some cases, unlimited privileges with an ignition interlock available. An assessment and any recommended treatment are usually required.
Resolution
To get a jury, a misdemeanor defendant must file a written demand; the jury then has eight members whose verdict must be unanimous. The state has 90 days to bring a first- or second-degree misdemeanor to trial, and 45 days for lower degrees. Most cases end with a plea to the charge or a lesser one, diversion, or a dismissal; common sentences are fines, community control (probation), classes or treatment, and suspended jail days. Expect one to four months from arrest to resolution, and ask later about sealing the record.
9. Felony (for example, burglary, felony theft, drug trafficking, felonious assault)
Greene County felonies often grow out of residential break-ins, thefts from employers, fentanyl and methamphetamine sales investigated by area drug task forces, and serious assaults. The case opens in the Fairborn or Xenia Municipal Court and then moves to the Common Pleas courthouse on North Detroit Street.
Timeline of a felony
- Arrest, booking at the Sheriff's jail and a bond decision at the municipal court's first appearance.
- A preliminary hearing (10 days in custody, 15 days if released), or a direct grand jury indictment that makes the hearing unnecessary.
- Indictment by the Greene County grand jury, or a bill of information if indictment is waived.
- Arraignment in the Common Pleas General Division, with a not-guilty plea entered and a judge assigned.
- Discovery, pretrial conferences and any motions to suppress or dismiss.
- A negotiated plea, which ends most cases, or a 12-person jury trial requiring a unanimous verdict.
- A presentence investigation by adult probation, then sentencing.
Sentencing ranges
- F5 (a theft between $1,000 and $7,500, say): 6 to 12 months possible, though community control is presumed for many first offenders.
- F4 (such as stealing $7,500 up to $150,000): 6 to 18 months, with the same presumption often applying.
- F3 (for example, burglary of an occupied structure with no one likely present): 9 to 36 months, extended to a 12-to-60-month range for a handful of specified offenses.
- F2 (for example, burglary when someone is likely present, felonious assault): 2 to 8 years.
- F1 (for example, aggravated burglary, major trafficking): 3 to 11 years.
F1 and F2 crimes committed on or after March 22, 2019 are sentenced under the Reagan Tokes Law, so the judge picks a minimum and the prison term can be extended up to an additional 50 percent of it. Drug trafficking is graded by the drug and quantity and can reach any degree; a firearm specification requires added mandatory prison time. Greene County felonies usually take four months to a year.
10. Violent felony (for example, murder, rape, aggravated robbery)
Homicides, sexual assaults and armed robberies in Greene County are investigated by the police department where they occurred or by the Sheriff, often with the Ohio Bureau of Criminal Investigation, and are prosecuted by experienced trial attorneys in the Prosecuting Attorney's office. High bonds are typical, and for the gravest charges the state can ask the Common Pleas judge to deny bail after a hearing.
Penalties
- Aggravated murder: a judge or jury chooses among life imprisonment without parole, life with parole eligibility after 20, 25 or 30 years, or, in capital cases, death. Executions in Ohio have been paused by gubernatorial reprieves, and none has taken place since 2018.
- Murder: a term of 15 years to life.
- Rape: a first-degree felony subject to an indefinite Reagan Tokes sentence; certain cases involving children under 13, force or other aggravating facts can bring life.
- Aggravated robbery: a first-degree felony, usually charged with a gun specification that adds mandatory years.
Marsy's Law guarantees victims and their families the right to be informed, to attend proceedings, to be heard at key stages and to seek restitution. These cases regularly take one to two years or more, especially when forensic evidence, expert testimony or a death-penalty specification is involved, and the defendant is often held in the Xenia jail the whole time.
11. Juveniles (under 18) arrested in Greene County
Delinquency charges against anyone under 18 belong to the Greene County Juvenile Court, the juvenile division of the Court of Common Pleas, at 2100 Greene Way Boulevard in Xenia, (937) 562-4000. The Prosecuting Attorney's juvenile unit files the complaints, and the Public Defender or appointed counsel represents youths whose families qualify.
Intake and unofficial handling
Court intake officers review each referral. A first-time or minor offense can be diverted or handled unofficially, with the youth completing conditions such as an apology letter, restitution, community service or counseling, and the matter closed without a formal finding. Other cases proceed to an official complaint and hearings before a magistrate or judge.
The Greene County Juvenile Detention Center
Greene County is one of the Ohio counties that runs its own juvenile detention center, a 32-bed secure facility on the same Greene Way Boulevard campus as the Juvenile Court. It holds youths awaiting hearings or a transfer, and a magistrate or judge reviews each admission at a detention hearing which Ohio's juvenile rules require promptly, no more than 72 hours after the youth is placed or by the next court day. Juveniles are not held in the adult jail.
Serious charges
The court can order probation, treatment, electronic monitoring, residential placement or, for felony-level adjudications, commitment to the Ohio Department of Youth Services. Transfer to adult court is mandatory under Ohio law for some 16- and 17-year-olds (and a narrower group of 14- and 15-year-olds) accused of the gravest crimes; for youths 14 or older charged with other felonies, the juvenile judge can order a discretionary transfer after an amenability hearing. A Serious Youthful Offender designation allows a blended sentence that pairs a juvenile disposition with a stayed adult sentence. Most juvenile records are confidential, and sealing is available.
12. Federal cases (U.S. District Court) from Greene County
Where Greene County cases are heard
Federal prosecutions from Greene County belong to the Southern District of Ohio, Western Division, and are generally handled at the federal courthouse in Dayton, about 15 miles from Xenia.
- Courthouse: the Walter H. Rice Federal Building and U.S. Courthouse at 200 W. Second Street in downtown Dayton (45402)
- U.S. Attorney's Office (Dayton branch), Walter H. Rice Federal Building, 200 W. Second Street, Suite 600, Dayton, OH 45402, (937) 225-2910
- Federal Public Defender, Southern District of Ohio (Dayton office), 1 South Main Street, Suite 490, Dayton, OH 45402, (937) 225-7687
- U.S. Marshals Service, Walter H. Rice Federal Building, 200 W. Second Street, Suite 108, Dayton, OH 45402, (937) 225-2917
Why Greene County sees federal cases
Wright-Patterson Air Force Base, much of which lies in Greene County, is federal property, so many crimes committed on the base, from traffic offenses to thefts and assaults, can be charged in federal court, with petty offenses often heard by a U.S. magistrate judge in Dayton. Off base, federal charges usually follow investigations by the FBI, DEA, ATF, Homeland Security Investigations or the Air Force Office of Special Investigations into drug distribution, illegal gun possession, child exploitation, government-contract fraud or theft of government property.
The federal process, step by step
- Initial appearance before a U.S. magistrate judge in Dayton, where counsel is appointed if needed from the Federal Public Defender or the Criminal Justice Act panel.
- Detention hearing, generally within three court days if the government seeks it. Under the Bail Reform Act, the magistrate releases the defendant under conditions supervised by U.S. Pretrial Services or orders detention; no bail bondsman is involved.
- Indictment by a federal grand jury, due within 30 days when the case began with a complaint.
- Trial clock: the Speedy Trial Act calls for trial within 70 days of indictment, but excludable delays commonly extend it.
- Plea or trial: most federal defendants plead guilty; a trial requires a unanimous 12-member jury.
- Sentencing after U.S. Probation's presentence report. The judge considers the advisory Sentencing Guidelines but must impose any statutory mandatory minimum, such as those common in drug and firearm cases.
After sentencing
Federal prison has no parole; with good-conduct time, a prisoner serves about 85 percent of the sentence in a Bureau of Prisons institution before beginning supervised release. Any appeal goes up to the Cincinnati-based Sixth Circuit. Before trial, a detained defendant is in the custody of the U.S. Marshals, who place federal prisoners in jails and detention centers that hold them under contract; relatives in Xenia can try the Federal Bureau of Prisons inmate locator for a Greene County defendant using a name or register number. A Greene County prisoner still awaiting trial inside a contract jail may also appear in that jail's lookup. Juvenile cases in federal court are very rare.
The information on this Greene County page is a general guide to local criminal procedure and is not legal advice; schedules, programs and court territories change. A person facing charges in Xenia, Fairborn or Beavercreek should consult a defense attorney or call the Greene County Public Defender at (937) 562-5041, and should confirm every court date with the clerk of the court handling the case.
Criminal Court Process for Greene County Ohio
Greene 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 Greene 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, Greene 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 Greene 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 Greene 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, Greene County or a city or town. The prosecuting attorney for Greene 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 Greene 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 Greene 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 Greene 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 Greene 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 Greene 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 Greene 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.
