Kettering City Jail Criminal Court Process
Criminal Court Process for Montgomery County Ohio
Dayton is the county seat of Montgomery County, and most serious criminal cases in the Miami Valley's largest county are decided in the Common Pleas courts building on North Perry Street. Misdemeanors, OVI charges and the opening stage of every felony are spread across six municipal courts: Dayton, Kettering, Miamisburg, Oakwood, Vandalia and the two-division Montgomery County Municipal Court. Felony cases are prosecuted by the elected Montgomery County Prosecuting Attorney, while city prosecutors and law directors handle the misdemeanor dockets in their own municipal courts. Adults who are not released after arrest are held by the Sheriff at the Montgomery County Jail on West Second Street in downtown Dayton.
- Montgomery County Common Pleas Court, General Division, Montgomery County Courts Building, 41 N. Perry Street, Dayton, OH 45422, (937) 225-6000
- Montgomery County Juvenile Court, Juvenile Justice Center, 380 W. Second Street, Dayton, OH 45422, (937) 496-7908
- Dayton Municipal Court, 301 W. Third Street, Dayton, OH 45402, (937) 333-4300
- Montgomery County Prosecuting Attorney, Dayton-Montgomery County Courts Building, 301 W. Third Street, 5th Floor, Dayton, OH 45402, (937) 225-5757
- Dayton City Prosecutor (Dayton Municipal Court misdemeanors), 335 W. Third Street, Room 372, Dayton, OH 45402, (937) 333-4400
- Montgomery County Public Defender, Reibold Building, 117 S. Main Street, 4th Floor, Dayton, OH 45422, (937) 225-4652
- Montgomery County Jail (Montgomery County Sheriff's Office), 330 W. Second Street, Dayton, OH 45422; Sheriff's Office (937) 225-4357
Which court hears your case. The location of the offense decides the first court. Misdemeanors, OVI and traffic charges from inside Dayton go to Dayton Municipal Court. Kettering Municipal Court takes Kettering, Centerville, Moraine and Washington Township. Miamisburg Municipal Court covers Miamisburg, Germantown, West Carrollton and German and Miami townships. Oakwood Municipal Court hears cases from Oakwood. Vandalia Municipal Court serves Vandalia, Clayton, Englewood, Union and Butler, Harrison and Randolph townships. Montgomery County Municipal Court handles everything else, including Huber Heights, Trotwood, Riverside, Brookville and the townships not named above. Ordinance and traffic tickets written in Moraine or West Carrollton may instead go to that city's mayor's court, which has no jury; a defendant there can ask to move the case to the municipal court. A felony charge also opens in the municipal court for the place of arrest, which handles the initial appearance and any preliminary hearing. It moves to the Common Pleas Court, General Division, once a grand jury returns an indictment or the defendant agrees to proceed on a bill of information. Appeals go to Ohio's Second District Court of Appeals.
Where pretrial detainees are held. The Sheriff runs the Montgomery County Jail at 330 W. Second Street, a few blocks from the courts. Adults arrested by the Dayton Police, suburban departments, the Sheriff's deputies or the State Highway Patrol are booked there when they are not cited and released. People waiting on bond, on a hearing or on trial stay there, along with people serving local misdemeanor sentences. For custody status or bond questions, call the Sheriff's Office at (937) 225-4357. Youths are held separately at the Juvenile Justice Center.
- Local courts in Montgomery County (municipal, county and mayor's courts)
- The Dayton courthouses and how to find your courtroom
- What happens in the first days after an arrest
- The Montgomery County Jail
- The Montgomery County Public Defender
- The prosecutor's office and diversion
- Specialty dockets in Montgomery 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 Montgomery County
- Federal cases (U.S. District Court) from Montgomery County
Local courts in Montgomery County (municipal, county and mayor's courts)
Montgomery County has no county court. State law divides the whole county among municipal courts, so every address in the county falls inside one of them. Two cities also keep mayor's courts for local ordinance and traffic cases. The territories listed below come from the municipal court statute; the clerk can confirm which court a particular street belongs to.
Municipal courts
- Dayton Municipal Court — 301 W. Third Street, Dayton, OH 45402, (937) 333-4300. Covers the City of Dayton.
- Kettering Municipal Court — 2325 Wilmington Pike, Kettering, OH 45420, (937) 296-2461. Covers Kettering, Centerville, Moraine and Washington Township.
- Miamisburg Municipal Court — 10 N. First Street, Miamisburg, OH 45342, (937) 866-2203. Covers Miamisburg, Germantown, West Carrollton, German Township and Miami Township.
- Oakwood Municipal Court — 30 Park Avenue, Oakwood (Dayton), OH 45419, (937) 293-3058. Covers the City of Oakwood.
- Vandalia Municipal Court — 245 James E. Bohanan Memorial Drive, Vandalia, OH 45377, (937) 898-3996. Covers Vandalia, Clayton, Englewood, Union, and Butler, Harrison and Randolph townships.
- Montgomery County Municipal Court, Eastern Division — 6111 Taylorsville Road, Huber Heights, OH 45424, criminal and traffic (937) 496-7231.
- Montgomery County Municipal Court, Western Division — 875 E. Main Street, Trotwood, OH 45426 (moved from New Lebanon in 2023), criminal and traffic (937) 687-9099.
The two Montgomery County Municipal Court divisions share the territory not assigned to any city court. That includes Huber Heights, Trotwood, Riverside, Brookville, New Lebanon, Farmersville, Phillipsburg and the remaining townships. Your citation or bond slip names the division.
Mayor's courts
- Moraine Mayor's Court — Moraine city offices, 4200 Dryden Road, Moraine, OH 45439, (937) 535-1010.
- West Carrollton Mayor's Court — 300 E. Central Avenue, West Carrollton, OH 45449, (937) 859-8288.
A mayor's court decides ordinance and traffic cases without a jury. If a defendant requests a transfer, or the charge is beyond the mayor's court's authority, the case goes to the Kettering or Miamisburg Municipal Court.
The Dayton courthouses and how to find your courtroom
Downtown Dayton holds most of the buildings a criminal defendant will need, all within walking distance of each other:
- Montgomery County Courts Building, 41 N. Perry Street. This is the Common Pleas General Division building, where felony arraignments, pretrials, plea hearings, trials and sentencings take place. Court administration also uses the Reibold Building at 114 S. Main Street.
- Dayton-Montgomery County Courts Building, 301 W. Third Street. This building houses Dayton Municipal Court, and the Prosecuting Attorney's main office is on its fifth floor.
- Juvenile Justice Center, 380 W. Second Street. This building holds the Juvenile Court and its detention center.
- Walter H. Rice Federal Building and U.S. Courthouse, 200 W. Second Street. Federal cases are heard here.
The suburban municipal courts are in Kettering, Miamisburg, Oakwood, Vandalia, Huber Heights and Trotwood. If you were cited in a suburb, do not assume your case is downtown. Check the court named on the ticket or bond slip, and plan for a security screening line at every building. Felony cases have an assigned Common Pleas judge, and the Clerk of Courts docket shows the judge's name and the next hearing.
What happens in the first days after an arrest
- Booking. After an arrest in Dayton or a suburb, the person is taken to the jail on West Second Street. Booking includes fingerprints, a photo, a records check, a property inventory and a medical screening. For many minor offenses, officers instead issue a citation with a court date and no trip to jail.
- Bond. Many common charges have a preset bond under the municipal courts' bond schedules, and some people can post bond within hours. Otherwise a judge sets bond at the first appearance. Under the 2022 amendment to the Ohio Constitution, the judge must weigh public safety, the person's criminal record, the seriousness of the offense and the likelihood the person will return to court. The options are a recognizance bond (no money), a 10 percent deposit bond, or a cash or surety bond. Commercial bail bond companies operate legally in Dayton.
- Initial appearance or arraignment. A jailed defendant usually sees a municipal judge or magistrate the next business day, often by video from the jail. The court reads the charge, appoints a lawyer if the person qualifies and decides release. On a misdemeanor, the defendant normally enters a plea at this hearing.
- Preliminary hearing (felonies). The municipal court must hold this hearing within 10 consecutive days if the person is in jail, or 15 days if released, unless an indictment is returned first. In Montgomery County, many felony cases go straight to the grand jury, so the preliminary hearing never takes place.
- Grand jury and Common Pleas arraignment. After an indictment, the defendant is arraigned at 41 N. Perry Street and pleads not guilty or guilty. The case is then assigned to a judge for pretrials.
Ohio's speedy-trial statute requires a felony trial within 270 days of arrest. Each day a defendant spends in jail on that charge counts as three days toward that limit. Delays caused or requested by the defense stop the count.
The Montgomery County Jail
The Montgomery County Jail is a full-service jail at 330 W. Second Street. It opened in 1965 and was renovated in 1993, and it is the county's only adult jail. The Sheriff's Office runs it and houses both men and women. Most of the people inside are awaiting trial; others are serving misdemeanor sentences or waiting to be transferred to state prison after a felony sentence.
- Finding someone: The Sheriff's Office can confirm whether a person is in custody, what the charges are and whether bond has been set, at (937) 225-4357.
- Posting bond: The bond is paid for a specific court's case, so first find out which municipal court or Common Pleas case the hold belongs to.
- Holds: A person with a warrant from another county or a probation or parole hold may stay in jail even after posting bond on the new Dayton charge.
Visits, phone accounts and commissary deposits each have their own rules, which change from time to time; ask the jail before you go.
The Montgomery County Public Defender
The Montgomery County Public Defender's office is in the Reibold Building, 117 S. Main Street, 4th Floor, and can be reached at (937) 225-4652. Staff attorneys represent adults charged with felonies in Common Pleas Court and with jailable misdemeanors in the municipal courts, as well as children in Juvenile Court delinquency cases. When the office has a conflict, for example because it already represents a co-defendant, the court appoints a private lawyer from its list.
To qualify, a defendant fills out a financial affidavit listing income, assets and household size. Ohio law allows a small application fee, generally no more than $25, which a court can waive. Ask for a lawyer at the first hearing. A person who is denied appointed counsel can still ask the judge to reconsider if their finances change.
The prosecutor's office and diversion
The Prosecuting Attorney's office decides which felony cases go to the grand jury and what charges they carry. Its Intake and Grand Jury Section, (937) 225-3491, reviews police reports for those decisions. The office also handles juvenile delinquency cases from its Juvenile Division at the Juvenile Justice Center, (937) 225-4253. Its Victim/Witness Division in the Common Pleas building, (937) 225-5623, keeps victims informed under Marsy's Law.
The office runs a Diversion Division, (937) 225-5772, for some lower-level felony defendants, mostly first-time offenders charged with nonviolent crimes. A defendant who finishes the program's conditions, such as restitution, treatment, community service or classes, can have the charge dismissed. Defendants with a drug or alcohol problem or a mental illness may ask the judge for intervention in lieu of conviction under Ohio law. Misdemeanor diversion is decided separately by each city's prosecutor.
Specialty dockets in Montgomery County
The General Division of the Common Pleas Court runs several treatment-focused dockets. In each one, a judge supervises the participant closely through frequent court check-ins, testing and services:
- Men's Achievement Recovery Court (MARC) — for men whose criminal cases are tied to substance use.
- Recovery IS Empowering Court (RISE) — a recovery docket on the court's list of specialized dockets.
- Mental Health Court — for defendants with serious mental illness, linking them to treatment.
- Veterans Treatment Court — for veterans, often with mentors and VA services.
- Kushinda Court — another specialized docket in the Common Pleas program.
Entry usually requires a referral from defense counsel or the judge and a screening, and it often depends on the prosecutor's agreement. The court's Pretrial Services section supervises some defendants released before trial, and its Investigative Services staff prepare presentence reports. Several municipal courts run their own recovery or OVI programs, so ask the defense lawyer what the court hearing the case offers.
Misdemeanor (for example, petty theft, a first OVI, assault, criminal trespass)
A misdemeanor in Montgomery County is handled entirely in the municipal court for the place where it happened: shoplifting at a Dayton Mall store goes to Miamisburg, and a bar fight downtown goes to Dayton Municipal Court. The city prosecutor or law director files and tries the case. For charges filed by the Sheriff's deputies or the Highway Patrol in the townships, prosecution is handled under arrangements with the county or a local law director.
How the case moves
At arraignment the defendant pleads guilty, no contest or not guilty. After a not-guilty plea, the court sets a pretrial conference, where the defense lawyer and prosecutor review evidence such as police video and talk about a resolution. A defendant who wants a jury must file a written jury demand within the time the rules allow; otherwise the judge decides the case. Eight jurors sit on a misdemeanor jury, and all of them must agree. The speedy-trial law sets 90 days for first- and second-degree misdemeanors and 45 days for third- and fourth-degree ones, with three-for-one credit for jail days.
What the charges carry
- M1 — up to 180 days in jail and a $1,000 fine. This covers petty theft (under $1,000), assault and aggravated trespass.
- M2 — up to 90 days and $750.
- M3 — up to 60 days and $500.
- M4 — up to 30 days and $250. Simple criminal trespass is usually charged at this level.
- Minor misdemeanor — a fine of up to $150 and no jail.
A first OVI
A first OVI is a first-degree misdemeanor. The minimum is three consecutive days in jail, or a 72-hour driver intervention program instead. A high test (.17 or above) doubles that minimum to six days. Fines run from $375 to $1,075. A failed or refused breath test brings an administrative license suspension right away, and a conviction adds a court suspension of one to three years. Judges can grant limited driving privileges, and unlimited privileges with an ignition interlock may be available. An alcohol assessment and any recommended treatment are standard conditions.
Outcomes include dismissal, diversion, a plea to a reduced charge, fines and court costs, community control (probation), and jail time, which is often partly suspended. Most Montgomery County misdemeanors are resolved within one to four months, and many convictions can be sealed after a waiting period.
Felony (for example, burglary, felony theft, drug trafficking, felonious assault)
Every felony begins as a complaint in one of the municipal courts, but almost all of the real work happens after the case reaches the Common Pleas Court. Here is how a typical case moves:
- Municipal court appearance. The judge sets bond and appoints counsel. A preliminary hearing date is set within the Crim.R. 5(B) limits.
- Bindover or direct indictment. If the municipal judge finds probable cause, the case is bound over to the grand jury. The prosecutor may also present the case directly to the grand jury, which ends the municipal case.
- Indictment. A Montgomery County grand jury hears the evidence in private and votes on the charges. A defendant who wants a quick plea deal may waive indictment and be charged by a bill of information.
- Common Pleas arraignment. The defendant enters a plea at 41 N. Perry Street, and bond may be reviewed.
- Discovery and pretrials. The prosecution turns over its evidence under Crim.R. 16. The defense can file motions to suppress evidence or dismiss charges, and the two sides negotiate.
- Plea or trial. Most felony cases end in a plea. A trial is held before a 12-member jury, and the verdict must be unanimous.
- Sentencing. After a conviction, Investigative Services usually prepares a presentence report before the judge imposes sentence.
Penalty ranges
- F5 — 6 to 12 months. Theft of $1,000 to $7,500 falls here, as do many lower-level drug offenses. For many first-time nonviolent defendants, the law presumes community control rather than prison.
- F4 — 6 to 18 months, including theft of $7,500 to $150,000.
- F3 — 9 to 36 months, or 12 to 60 months for certain offenses. Burglary of an occupied structure when no one is likely to be present is usually charged at this level.
- F2 — 2 to 8 years, including felonious assault and burglary when a person is likely present.
- F1 — 3 to 11 years, including aggravated burglary and the largest drug trafficking amounts.
Drug trafficking ranges from F5 to F1, depending on the drug and the amount. For F1 and F2 crimes committed on or after March 22, 2019, the Reagan Tokes Law requires an indefinite sentence: a minimum term chosen by the judge plus a possible additional period of up to half that minimum. A firearm specification adds mandatory prison time on top of the sentence for the underlying crime. Judges can impose community control for many F4 and F5 offenses and some F3s. Expect a typical felony to take four to twelve months.
Violent felony (for example, murder, rape, aggravated robbery)
Homicides, rapes and armed robberies in Dayton and the suburbs are prosecuted by the most experienced trial attorneys in the Prosecuting Attorney's office. Bond in these cases is often very high. Under Ohio's pretrial-detention law, the prosecutor can also ask the court to hold the defendant without bond after a hearing on dangerousness.
Sentencing exposure
- Aggravated murder carries death, life without parole, or life with parole eligibility after 20, 25 or 30 years. Ohio still has the death penalty, but no executions have been carried out since 2018, and the governor has issued repeated reprieves.
- Murder carries 15 years to life.
- Rape is a first-degree felony sentenced under the Reagan Tokes indefinite-term rules. A life sentence is possible when the victim is under 13 and force or certain other circumstances are involved.
- Aggravated robbery is a first-degree felony, and a gun specification usually adds mandatory time.
Before trial, the defense may hire experts, investigate the case and challenge forensic evidence. These cases often go before a jury, although many still end in negotiated pleas. Marsy's Law gives victims the right to be notified of hearings, to attend them and to be heard at bond, plea and sentencing hearings. A case of this kind commonly takes one to two years or longer before it is resolved.
Juveniles (under 18) arrested in Montgomery County
Montgomery County runs a stand-alone Juvenile Court at the Juvenile Justice Center, 380 W. Second Street, (937) 496-7908. It hears delinquency cases involving children under 18, wherever in the county the offense took place. The Prosecuting Attorney's Juvenile Division files the complaints.
Intake and diversion
Not every police referral becomes a formal case. Court intake staff screen complaints, and many first or minor offenses are handled unofficially or through diversion: the child completes conditions such as classes, counseling, restitution or community service, and no formal adjudication follows. More serious or repeat cases are filed officially and go to hearings before a magistrate or judge.
Detention
A youth who is not released to a parent is held at the Montgomery County Juvenile Detention Center inside the Juvenile Justice Center, never in the adult jail. A judge or magistrate holds a detention hearing promptly, generally within 72 hours of the child being taken into custody or by the next court day, and decides whether continued detention is needed. The Public Defender's office represents many children in these cases.
Possible outcomes
- Probation, community service, restitution, treatment or electronic monitoring.
- Commitment to the Ohio Department of Youth Services (DYS) for felony-level offenses. County-based alternatives, such as the Center for Adolescent Services, may be used instead.
- Bindover to adult court. Ohio law requires transfer 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 limited situations. For other felonies, a judge may transfer a child 14 or older after an amenability hearing that examines whether the child can be rehabilitated in the juvenile system.
- Serious Youthful Offender sentencing combines a juvenile disposition with a stayed adult sentence, which may be imposed if the youth fails in the juvenile system.
Juvenile records are generally kept from the public, and many can be sealed, or later expunged, when the case is over.
Federal cases (U.S. District Court) from Montgomery County
Montgomery County is in the Southern District of Ohio. Federal crimes charged here go to the district's Western Division courthouse in downtown Dayton, the Walter H. Rice Federal Building and U.S. Courthouse at 200 W. Second Street. It sits on the same street as the county jail and juvenile court.
Federal offices in Dayton
- 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, Dayton office — 1 S. Main Street, Suite 490, Dayton, OH 45402, (937) 225-7687
- U.S. Marshals Service, Dayton — Walter H. Rice Federal Building, 200 W. Second Street, Suite 108, Dayton, OH 45402, (937) 225-2917
Why a Dayton case becomes federal
A case goes to federal court when it involves a federal crime and a federal agency, such as the FBI, DEA, ATF, Homeland Security Investigations or the Postal Inspection Service, brings it to the U.S. Attorney. Some cases start with Dayton Police or the Sheriff and are adopted by a federal task force. Common examples are drug distribution conspiracies, gun possession by people with felony records, armed robberies of banks or businesses, child exploitation, and fraud involving the mail, banks or government benefits. Federal prosecutors and the county prosecutor decide between themselves where a case will be charged.
Steps in the federal system
After a federal arrest, the defendant appears before a U.S. magistrate judge in the Dayton courthouse. The magistrate explains the charges and appoints the Federal Public Defender or a CJA panel attorney for a defendant who cannot afford one. If the government seeks detention, the hearing is usually held within three court days. Under the Bail Reform Act, the magistrate either orders release on conditions supervised by U.S. Pretrial Services or orders the defendant held until trial. Federal court uses no money bail schedule and no commercial bondsmen.
If the case starts with a complaint, a grand jury indictment must follow within 30 days. The Speedy Trial Act then calls for trial within 70 days, though continuances often extend that period. Most cases end in plea agreements. At trial, 12 jurors must reach a unanimous verdict.
Sentencing comes several months after a plea or verdict. U.S. Probation prepares a presentence report that calculates the federal Sentencing Guidelines range; the judge must consider that range but is not bound by it. Mandatory minimum sentences, common in drug and firearm cases, do bind the judge. There is no parole in the federal system: with good-conduct credit, a prisoner serves about 85 percent of the sentence in the Bureau of Prisons, followed by a term of supervised release. Federal appeals from Montgomery County cases go to the Sixth Circuit court of appeals.
Custody
Federal detainees from Dayton remain in the custody of the U.S. Marshals, who house them in jails that contract with the Marshals Service. The Federal Bureau of Prisons inmate locator lets Dayton families look up a Montgomery County defendant by name or register number. A Dayton-area defendant kept before trial at a jail under contract may show up on that jail's roster. Federal prosecution of anyone under 18 is extremely rare.
This Montgomery County guide summarizes how criminal cases generally move through the Dayton-area courts; it is not legal advice, and procedures, phone numbers and programs change. Anyone charged with a crime should speak with a defense attorney or call the Montgomery County Public Defender at (937) 225-4652, and should confirm court dates with the clerk of the court hearing the case.
Criminal Court Process for Montgomery County Ohio
Montgomery 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 Montgomery 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, Montgomery 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 Montgomery 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 Montgomery 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, Montgomery County or a city or town. The prosecuting attorney for Montgomery 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 Montgomery 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 Montgomery 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 Montgomery 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 Montgomery 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 Montgomery 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 Montgomery 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.
