Licking County Justice Center Criminal Court Process
Criminal Court Process for Licking County Ohio
Licking County, east of Columbus, has its county seat in Newark, where the courthouse anchors the downtown square. One countywide court, the Licking County Municipal Court on West Main Street, hears misdemeanors, OVI and traffic cases and the first stage of every felony, and nine villages and cities also run mayor's courts for local tickets. Felonies go to the Licking County Court of Common Pleas, prosecuted by the elected Licking County Prosecuting Attorney, while municipal-court misdemeanors are usually handled by city prosecutors; the Fifth District Court of Appeals reviews Licking County rulings. Adults held after arrest are housed at the Licking County Justice Center, the Sheriff's jail on East Main Street in Newark.
- Licking County Court of Common Pleas, General Division, Licking County Courthouse, 1 Courthouse Square, Newark, OH 43055, (740) 670-5770
- Licking County Municipal Court, 40 West Main Street, Newark, OH 43055 (clerk on the 3rd floor), (740) 670-7800
- Licking County Court of Common Pleas, Probate and Juvenile Division, 1 North Park Place, Newark, OH 43055, (740) 670-5624
- Licking County Court of Common Pleas, Domestic Relations Division, 75 East Main Street, Newark, OH 43055, (740) 670-5400
- Licking County Prosecuting Attorney, 20 South Second Street, Newark, OH 43055, (740) 670-5255
- Licking County Justice Center (Licking County Sheriff's Office and jail), 155 East Main Street, Newark, OH 43055; Sheriff (740) 670-5555, jail division (740) 670-5501
- Appointed counsel: requested through the court hearing the case with an affidavit of indigency; Municipal Court clerk (740) 670-7800, or the Ohio Public Defender at (800) 686-1573
Which court hears your case. Ohio law gives the Licking County Municipal Court jurisdiction over the entire county, so misdemeanor, OVI and traffic charges from Newark, Heath, Pataskala, Granville, Johnstown, Utica and every township are all filed in that one court, and Licking has no county court. Nine municipalities, however, hold mayor's courts for their own ordinance and traffic tickets: Buckeye Lake, Granville, Hartford, Hebron, Johnstown, Kirkersville, Pataskala, St. Louisville and Utica. There is no jury in a mayor's court, and a defendant there can ask to have the case transferred to the Municipal Court. Felony charges open in the Municipal Court with the first appearance, bond and any preliminary hearing. Once a Licking County grand jury hands up an indictment, or the defendant waives it in favor of a bill of information, the case moves to the Common Pleas Court, General Division, in the courthouse on the square.
Where pretrial detainees are held. The Licking County Sheriff operates the jail inside the Licking County Justice Center at 155 East Main Street, a few blocks east of the courthouse. Arrests by the Sheriff's Office, Newark, Heath, Pataskala and Granville police, village departments and the State Highway Patrol all end up there if the person is not released. For custody status, bond and visiting, call the jail division at (740) 670-5501 or the Sheriff's main line at (740) 670-5555.
- Local courts in Licking County (municipal, county and mayor's courts)
- Licking County courthouses
- From arrest to first court date
- The Licking County Justice Center jail
- Public defense in Licking County
- The prosecutor and diversion options
- Specialty 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 Licking County
- Federal cases (U.S. District Court) from Licking County
Local courts in Licking County (municipal, county and mayor's courts)
Licking County combines a single countywide municipal court with a larger-than-average group of mayor's courts, most of them in villages around Granville, Pataskala and Buckeye Lake.
Municipal court
- Licking County Municipal Court — 40 West Main Street, Newark, OH 43055, (740) 670-7800; open weekdays 8:00 a.m. to 4:30 p.m., closed noon to 1:00 p.m. Territory: all of Licking County, including Newark, Heath, Pataskala, the Licking County part of Reynoldsburg, and all villages and townships. Probation department: (740) 670-7825.
County courts
None. The Municipal Court's countywide territory leaves no area for a county court.
Mayor's courts
- Buckeye Lake Mayor's Court — 5192 Walnut Road SE, Buckeye Lake, OH 43008 (mail: P.O. Box 27), (740) 928-7100
- Granville Mayor's Court — 141 East Broadway, Granville, OH 43023, (740) 587-0707
- Hartford Mayor's Court — Village Hall, 2 North High Street, Croton, OH 43013 (mail: P.O. Box 253), (740) 893-2099
- Hebron Mayor's Court — 934 West Main Street, Hebron, OH 43025 (mail: P.O. Box 898), (740) 928-9402
- Johnstown Mayor's Court — 599 South Main Street, Johnstown, OH 43031 (mail: P.O. Box 457), (740) 967-5961
- Kirkersville Mayor's Court — Village Hall, 135 North Fourth Street, Kirkersville, OH 43033 (mail: P.O. Box 267), (740) 964-9944
- Pataskala Mayor's Court — 621 West Broad Street, Pataskala, OH 43062, (740) 927-3361
- St. Louisville Mayor's Court — 1 School Street, St. Louisville, OH 43071, (740) 745-3401
- Utica Mayor's Court — 39 Spring Street, Utica, OH 43080 (mail: P.O. Box 524), (740) 892-4585
Mayor's courts generally meet on one or two set days a month. They can impose only limited penalties, must send certain more serious cases to the Municipal Court, and must transfer a case when the defendant asks for a jury or for a hearing before a judge.
Licking County courthouses
Downtown Newark holds nearly every court and justice office a Licking County defendant will need, all within walking distance of the square.
- Licking County Courthouse, 1 Courthouse Square — the historic courthouse in the middle of the square, home of the Common Pleas General Division courtrooms; (740) 670-5770.
- Municipal Court, 40 West Main Street — arraignments, misdemeanor trials, felony preliminary hearings and traffic cases; court administrator (740) 670-7858.
- Probate and Juvenile Division, 1 North Park Place, just off the square.
- Domestic Relations Division, 75 East Main Street, which also handles many domestic violence civil protection orders.
- Prosecuting Attorney, 20 South Second Street.
- Justice Center, 155 East Main Street — the Sheriff's Office and the county jail.
Appeals from all Licking County trial courts are heard by the Fifth District Court of Appeals. Each building has its own security screening, so leave phones and prohibited items in the car and arrive early.
From arrest to first court date
Booking. The arresting officer brings the person to the Justice Center, where jail staff record identifying information, take fingerprints and photographs, check for warrants and inventory property.
Release on the bond schedule. For many misdemeanors, the Municipal Court's bond schedule sets a dollar amount that can be posted at the jail, so the person can leave within hours. Domestic violence charges, OVI arrests with aggravating facts, and felonies usually wait for a judge.
First appearance. People still in custody see a Municipal Court judge on the next court day, often by video from the Justice Center. Since Ohio voters amended the Constitution in November 2022, a judge setting the amount of bail must consider public safety, the seriousness of the offense, the person's criminal record and the likelihood of appearance. The options include an own-recognizance bond, a 10 percent deposit bond, cash, or a surety bond written by a licensed bail agent, and the judge may add conditions such as no contact with an alleged victim, alcohol monitoring or GPS supervision.
Counsel and next dates. The judge advises the defendant of the right to an attorney and, if the defendant cannot afford one, reviews an affidavit of indigency and appoints counsel. Misdemeanors are set for a pretrial conference. Felonies are set for a preliminary hearing, which is often vacated if the grand jury indicts first.
The Licking County Justice Center jail
The Licking County Sheriff's Office runs the county jail inside the Justice Center at 155 East Main Street in Newark. It houses men and women awaiting trial in the Municipal and Common Pleas courts, people serving local sentences, and inmates waiting to be transported to state prison or to other jurisdictions.
- Jail division: (740) 670-5501
- Sheriff's Office main line: (740) 670-5555
Before posting bond, confirm the amount and the accepted forms of payment with jail staff, since Municipal Court and Common Pleas bonds can follow different procedures. The jail can also explain visiting schedules, mail rules and how to deposit money for commissary and phone accounts. A person whose case is pending in a mayor's court and who is held on that village's charge may be released on terms set by that court.
Public defense in Licking County
Licking County provides lawyers for people who cannot afford them through court appointment: the judge hearing the case assigns a qualified attorney, whose fees are paid with county and state indigent-defense funds. The right applies to anyone facing a felony and to anyone charged with a misdemeanor that could bring jail time.
- Tell the judge at the first appearance that you cannot afford a lawyer.
- Complete the affidavit of indigency, which asks about income, household size, assets and expenses. The Municipal Court makes the form available through the clerk's office, (740) 670-7800.
- If approved, the court names your attorney, who should contact you before the next hearing. Ohio permits an application fee of up to $25, which the court may waive.
On a felony, the attorney appointed in the Municipal Court commonly stays with the case after it moves to Common Pleas. Questions about the state's indigent-defense system can go to the Ohio Public Defender at (800) 686-1573.
The prosecutor and diversion options
The Licking County Prosecuting Attorney, 20 South Second Street, (740) 670-5255, prosecutes felonies from investigation through trial and appeal. The office's juvenile division prosecutes youth offenses of every level, felony or misdemeanor, whether charged under state law or a local ordinance. In the Municipal Court, misdemeanors are generally prosecuted by the law director or prosecutor of the city where the offense happened, and many townships and villages contract with a city prosecutor; mayor's courts have their own village prosecutors.
Diversion and similar programs can keep some defendants from a conviction:
- Municipal-court diversion for many first-time, low-level misdemeanors, with conditions such as classes, restitution or community service, ending in dismissal.
- Felony diversion, considered by the Prosecuting Attorney for some first-time nonviolent offenders.
- Intervention in lieu of conviction, a statutory program where the court holds a guilty plea in abeyance while a defendant whose drug or alcohol use or mental illness contributed to the offense completes treatment; success leads to dismissal.
Eligibility depends on the charge, criminal history and the victim's position, and some programs must be requested before a plea is entered.
Specialty dockets
Specialized dockets certified by the Supreme Court of Ohio swap a traditional sentence for intensive, judge-supervised treatment. The Licking County Municipal Court has operated a certified drug court program known as LIFT, and Ohio courts of this size commonly offer dockets such as:
- Drug or recovery court for defendants whose offenses are driven by addiction
- OVI court for repeat impaired-driving offenders
- Mental health court for defendants with serious mental illness
- Veterans treatment court connecting veterans with VA services and peer mentors
- Human trafficking (CATCH-model) dockets, patterned on Franklin County's program, for defendants whose charges arise from their own exploitation
Which dockets are active in the Municipal and Common Pleas courts changes over time. Participants appear in court frequently, submit to drug testing and follow treatment plans, and graduates may receive dismissal, a reduced charge or a shortened sentence. A defense lawyer or probation officer can request a referral.
Misdemeanor (for example, petty theft, a first OVI, assault, criminal trespass)
Retail theft along the Route 16 and Route 79 shopping corridors in Heath and Newark, OVI stops on Interstate 70 and State Route 161, and assault or trespass calls in Pataskala and the villages fill much of the Municipal Court's criminal docket.
Pretrial and plea
After arraignment, the case is set for a pretrial conference where the defense lawyer and the city prosecutor review the evidence, such as police reports, store video, body-camera recordings and breath or blood test results. Most cases are settled there: a dismissal after diversion, an amended charge, intervention in lieu of conviction where treatment is appropriate, or a plea to fines, costs and community control. Jail time is more likely for repeat offenders and violent conduct.
Trial rights and deadlines
The judge decides the case unless the defendant files a written jury demand within the time the rules allow; with a demand, eight jurors hear the evidence and must return a unanimous verdict. Ohio's speedy-trial statute requires trial within 90 days for M1 and M2 charges and 45 days for M3 and M4 charges, though continuances requested by the defense extend those limits. Most Licking County misdemeanors finish within one to four months.
Penalties by degree
- M1: up to 180 days in jail and a $1,000 fine (petty theft under $1,000 and assault are M1s)
- M2: up to 90 days, $750
- M3: up to 60 days, $500
- M4: up to 30 days, $250 (criminal trespass is an M4; aggravated trespass is an M1)
- Minor misdemeanor: no jail and a fine no higher than $150
A first OVI
A first-offense OVI is an M1. The law requires three consecutive days in jail or a 72-hour driver intervention program, or six days for a test of .17 or higher; a fine of $375 to $1,075; and a court license suspension of one to three years, with limited driving privileges generally available and unlimited privileges possible with an ignition interlock. The administrative license suspension imposed at arrest can be challenged at the initial appearance. Many non-OVI misdemeanor convictions can be sealed after the required waiting period.
Felony (for example, burglary, felony theft, drug trafficking, felonious assault)
Licking County's felony docket is one of the busier ones in central Ohio, with drug trafficking and possession, theft, burglary, felony OVI, and assault cases making up much of it. Each felony begins in the Municipal Court and finishes in the Common Pleas Court.
In the Municipal Court
The judge sets bond and appoints counsel at the first appearance. Criminal Rule 5(B) requires a preliminary hearing within 10 consecutive days if the defendant is in jail, or 15 days if released. The judge at that hearing decides only whether probable cause exists. In many Licking County cases, the Prosecuting Attorney presents the case to the grand jury first and the hearing is canceled.
Grand jury and Common Pleas
A Licking County grand jury hears the prosecutor's evidence in a closed session and decides whether to indict. A defendant may waive indictment and plead to a bill of information, usually as part of an early plea agreement. After indictment, arraignment takes place in the Common Pleas Court, General Division, where the case is assigned to a judge and scheduled for discovery and pretrial conferences.
Speedy trial, plea or trial
Ohio's statute sets a 270-day limit from arrest to trial and counts each day in jail on that charge as three, which works out to about 90 days for a defendant held throughout. Most cases are resolved by plea. A trial goes to a jury of 12 that must be unanimous. After conviction, the adult probation department prepares a presentence investigation report.
Sentencing law
Ohio's prison ranges are 6 to 12 months for an F5, 6 to 18 months for an F4, 9 to 36 months for an F3 (12 to 60 months for designated offenses), 2 to 8 years for an F2, and 3 to 11 years for an F1. Under the Reagan Tokes Law, F1 and F2 offenses committed on or after March 22, 2019, receive a minimum term chosen by the judge and a maximum up to 50 percent longer. First-time nonviolent F4 and F5 offenders are presumed to receive community control in many cases.
- Theft: an F5 from $1,000 to $7,500, an F4 from $7,500 to $150,000, and higher above that.
- Burglary: an F2 for an occupied structure where someone is likely present, generally an F3 otherwise, and an F1 when aggravated.
- Felonious assault: an F2.
- Drug trafficking: graded F5 through F1 by drug type and quantity, with mandatory prison at higher levels.
A firearm specification adds a mandatory prison term, and repeat violent offender specifications can add more. Typical felonies in Licking County take four months to a year.
Violent felony (for example, murder, rape, aggravated robbery)
Homicides, rapes and armed robberies in Licking County are typically presented to the grand jury within weeks. Defendants usually stay at the Justice Center on a very high bond, or without bond after a detention hearing, until the case ends.
The sentencing range for each charge
Aggravated murder carries life without parole or life with parole eligibility after 20, 25 or 30 years, and, in a case charged with death specifications, possibly death; Ohio's last execution was in 2018, and governors have issued reprieves since. Murder brings a sentence of 15 years to life. Rape is a first-degree felony subject to an indefinite Reagan Tokes sentence, and it can bring life imprisonment when the victim is under 13 and the offense involved force or other aggravating circumstances. Aggravated robbery is a first-degree felony, often accompanied by a firearm specification that adds mandatory years.
Why the timeline stretches
These prosecutions rely on crime-lab analysis, autopsy findings, digital and phone evidence, expert witnesses and sometimes competency or sanity evaluations, and the defense commonly waives the speedy-trial limit to prepare. Capital cases require specially certified defense counsel and a separate penalty phase. One to two years, sometimes longer, is a common span from indictment to verdict.
Victims and families
Marsy's Law gives victims in Ohio the constitutional right to be notified of proceedings, to attend them, to speak at bond, plea and sentencing hearings, and to seek restitution. The Prosecuting Attorney's victim advocates explain each stage.
Juveniles (under 18) arrested in Licking County
Delinquency cases from across the county are heard by the Licking County Court of Common Pleas, Probate and Juvenile Division, 1 North Park Place, Newark, (740) 670-5624. Complaints are filed by the Prosecuting Attorney's juvenile division, which handles every level of youth offense.
Intake, diversion and hearings
Juvenile court intake reviews each complaint and may divert a first or minor offense to unofficial handling. The youth completes a plan, which might include restitution, community service, counseling, or a substance-use or anger-management program, and the matter closes without a finding of delinquency. Contested cases proceed to an adjudicatory hearing before a judge or magistrate; there is no jury, and youths are entitled to a lawyer, appointed at no cost when the family qualifies.
Detention
Licking County youths are not held in the adult jail. When the court orders secure detention, the youth is placed in a juvenile detention center designated by the court, typically a regional facility outside the county under contract, such as the multi-county juvenile detention center in Lancaster. A detention hearing must be held promptly, no later than 72 hours after the youth is detained or the next court day. Parents can call the Probate and Juvenile Division to find out where a child is being held.
Dispositions and transfer
The judge can order probation, counseling, community service, electronic monitoring, residential placement, or commitment to the Ohio Department of Youth Services (DYS) for felony-level offenses. Ohio requires mandatory bindover to adult court for some 16- and 17-year-olds charged with the most serious offenses and for some 14- and 15-year-olds in certain situations; for others 14 and older, the judge may order discretionary bindover after an amenability hearing. A Serious Youthful Offender disposition attaches a stayed adult sentence to the juvenile disposition. Juvenile court records are largely confidential, and most can be sealed later.
Federal cases (U.S. District Court) from Licking County
Licking County is part of the Southern District of Ohio's Eastern Division. Its federal criminal cases are generally heard at the Columbus courthouse, roughly 35 miles west of Newark.
Who does what
- Court: Joseph P. Kinneary U.S. Courthouse, 85 Marconi Boulevard, Columbus, OH 43215
- Prosecution: U.S. Attorney, Southern District of Ohio, 303 Marconi Boulevard, Suite 200, Columbus, OH 43215, (614) 469-5715
- Defense: Federal Public Defender, 10 West Broad Street, Suite 1020, Columbus, OH 43215, (614) 469-2999, or a Criminal Justice Act panel lawyer
- Custody: U.S. Marshals Service, Kinneary Courthouse, Room 460, Columbus, OH 43215, (614) 469-5540
When a Licking County case is federal
Federal prosecution follows when conduct violates a federal statute and federal agents or a joint task force bring the case to the U.S. Attorney. Licking County's location on Interstate 70 and near Columbus brings cases involving drug distribution networks, firearms offenses by prohibited persons, child exploitation, bank robbery, and fraud against businesses or government programs. Some cases start with a local arrest and are later adopted federally.
Release or detention
The defendant appears first before a magistrate judge in Columbus for an initial appearance, where counsel is appointed if needed. If the government moves for detention, the hearing is generally held within three court days. The Bail Reform Act lets the court release a defendant on conditions monitored by U.S. Pretrial Services or detain the defendant pending trial; commercial bail plays no part in federal court. Detained defendants stay in U.S. Marshals custody in contract jails, which can change, and anyone in Licking County can query the Federal Bureau of Prisons inmate locator for a detainee from Newark with a name or register number. A detainee from Newark held pending trial in a contracting jail might also appear on its posted roster.
Through sentencing
When a case starts with a complaint, a grand jury indictment must follow within 30 days, and the Speedy Trial Act calls for trial within 70 days after that, subject to frequent exclusions. Most defendants plead guilty; trials have 12-member juries and require unanimous verdicts. U.S. Probation prepares a presentence report, and the judge sentences under the advisory Sentencing Guidelines while applying any statutory mandatory minimum. Federal sentences are served in the Bureau of Prisons without parole, about 85 percent of the term with good-conduct credit, followed by supervised release. The Sixth Circuit hears appeals. Juvenile prosecutions in federal court are very rare.
This Licking County guide summarizes how criminal cases typically proceed in Newark's courts and the county's mayor's courts; it is not legal advice, and local practices can change. A person facing charges should consult a criminal defense attorney or ask the court for appointed counsel through the Licking County Municipal Court clerk at (740) 670-7800.
Criminal Court Process for Licking County Ohio
Licking 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 Licking 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, Licking 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 Licking 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 Licking 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, Licking County or a city or town. The prosecuting attorney for Licking 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 Licking 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 Licking 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 Licking 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 Licking 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 Licking 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 Licking 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.
