Portage County Jail Criminal Court Process
Criminal Court Process for Portage County Ohio
Portage County, east of Akron, has its county seat in Ravenna and its largest city in Kent, home of Kent State University. Misdemeanor, OVI and traffic cases, and the first stage of every felony, are heard by the Portage County Municipal Court, which sits in two branches, one in Kent and one in Ravenna; Mogadore, on the Summit County line, also has a mayor's court. Felonies are tried in the Portage County Court of Common Pleas in Ravenna. The Portage County Prosecuting Attorney handles felonies and juvenile cases, city law directors prosecute most municipal-court misdemeanors, and adults held after arrest are jailed at the Sheriff's Portage County Justice Center on Infirmary Road.
- Portage County Court of Common Pleas, General Division, 203 W. Main Street, Ravenna, OH 44266, (330) 297-3644
- Portage County Municipal Court, Kent Branch, 303 E. Main Street, Kent, OH 44240; criminal and traffic (330) 678-9100
- Portage County Municipal Court, Ravenna Branch, 203 W. Main Street, Ravenna, OH 44266; criminal and traffic (330) 297-3639
- Portage County Court of Common Pleas, Juvenile Division, 8000 Infirmary Road, Ravenna, OH 44266, (330) 297-0881
- Portage County Prosecuting Attorney, 241 S. Chestnut Street, Ravenna, OH 44266, (330) 297-3850
- Portage County Public Defender, 209 S. Chestnut Street, Suite 400, Ravenna, OH 44266, (330) 297-3665
- Portage County Sheriff's Office and Jail, Portage County Justice Center, 8240 Infirmary Road, Ravenna, OH 44266, (330) 296-5100
Which court hears your case. State law gives the Portage County Municipal Court jurisdiction over the entire county, so there is no county court. Misdemeanors, OVI and traffic cases are filed in either the Kent Branch or the Ravenna Branch, depending on where in the county the offense happened; arrests by Kent police and Kent State University police are heard in Kent, and Ravenna-area cases in Ravenna. The clerk at either branch can confirm which one has a particular township or city. The Mogadore Mayor's Court hears that village's ordinance and traffic tickets, with no jury, and a defendant there can ask to transfer the case to municipal court. A felony is opened in the municipal court for the first appearance, bond and preliminary hearing, then moves to the Common Pleas Court, General Division, in Ravenna after a grand jury indictment or a bill of information. Appeals from Portage County go to the Eleventh District Court of Appeals.
Where pretrial detainees are held. Adults arrested anywhere in Portage County, by Kent, Ravenna, Streetsboro, Aurora, Kent State or township police, the Sheriff or the Highway Patrol, are booked into the Portage County Jail inside the Justice Center at 8240 Infirmary Road, Ravenna. People who cannot post bond remain there until their case ends or they are released. The Sheriff's Office can be reached at (330) 296-5100; choose the non-emergency option for jail questions.
- Local courts in Portage County (municipal, county and mayor's courts)
- Portage County courthouses and who works in them
- What happens after an arrest in Portage County
- The Portage County Jail
- The Portage County Public Defender
- The Prosecuting Attorney and diversion
- Specialized dockets and treatment courts
- 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 Portage County
- Federal cases (U.S. District Court) from Portage County
1. Local courts in Portage County (municipal, county and mayor's courts)
Portage is a larger county with a simple local court map: one municipal court with two branch courthouses, and a single mayor's court.
Municipal court (two branches)
- Portage County Municipal Court, Kent Branch — 303 E. Main Street, Kent, OH 44240; criminal/traffic (330) 678-9100, civil (330) 678-9170. Hears cases from Kent, Kent State University and the surrounding western part of the county.
- Portage County Municipal Court, Ravenna Branch — 203 W. Main Street, Ravenna, OH 44266; criminal/traffic (330) 297-3639, civil (330) 297-3635. Hears cases from Ravenna and the central and eastern parts of the county.
The two branches are one court with countywide jurisdiction; the branch assignment depends on the location of the offense. Cities such as Streetsboro and Aurora, and villages such as Garrettsville, Mantua, Windham and Hiram, send their cases to the branch that covers them.
County courts
Portage County has none; the municipal court covers every part of the county.
Mayor's courts
- Mogadore Mayor's Court — 135 S. Cleveland Avenue, Mogadore, OH 44260, (330) 628-6295. Mogadore lies partly in Portage County and partly in Summit County; its village offices are on the Summit side.
No other Portage County city or village appears on the Supreme Court of Ohio's most recent list of mayor's courts, so tickets written in Kent, Ravenna, Streetsboro, Aurora and the villages are filed directly in the municipal court.
2. Portage County courthouses and who works in them
Most criminal business in Portage County takes place in three locations:
- Downtown Ravenna, 203 W. Main Street. The Portage County Courthouse holds the General Division of the Common Pleas Court, where felony cases are arraigned, tried and sentenced, along with the Ravenna Branch of the municipal court and the Clerk of Courts. The Prosecuting Attorney (241 S. Chestnut Street) and the Public Defender (209 S. Chestnut Street) have offices a short walk away.
- Kent, 303 E. Main Street. The Kent Branch of the municipal court handles misdemeanors, traffic and felony first appearances for the Kent side of the county, including many cases involving Kent State students.
- Infirmary Road, Ravenna. The Justice Center at 8240 Infirmary Road houses the Sheriff's Office and the county jail. Nearby at 8000 Infirmary Road are the Juvenile Division of the Common Pleas Court and the Portage-Geauga County Juvenile Detention Center.
Appeals from either the municipal or Common Pleas courts are decided by the Eleventh District Court of Appeals, which also covers Ashtabula, Geauga, Lake and Trumbull counties.
3. What happens after an arrest in Portage County
- Booking. The arresting agency takes the person to the Justice Center on Infirmary Road, where the jail records identifying information, fingerprints and photographs the person, and checks for warrants.
- Scheduled bond or a hold. For many misdemeanors the jail can release a person who posts the amount on the municipal court's bond schedule. Charges such as domestic violence, OVI with certain factors and most felonies generally require a judge to set bond.
- Initial appearance. A person still in custody is brought before a Portage County Municipal Court judge or magistrate without unnecessary delay, usually the next business day and often by video from the jail. The court explains the charge and rights, considers appointed counsel and sets bond.
- Bond decision. Under the 2022 amendment to the Ohio Constitution, the court must consider public safety, the person's criminal record, the seriousness of the offense and the likelihood of appearance. Options include recognizance (no money), a 10 percent deposit bond, and full cash or surety bonds, which licensed bail bond companies may post.
- Misdemeanor path. The case stays in the Kent or Ravenna branch through pretrial, plea or trial and sentencing.
- Felony path. The municipal court holds a preliminary hearing within 10 days for jailed defendants or 15 days for released ones unless an indictment comes first. The case is then indicted by the Portage County grand jury and moves to the Common Pleas Court.
4. The Portage County Jail
The Portage County Sheriff runs the county's adult jail at the Justice Center, 8240 Infirmary Road, Ravenna, OH 44266. It holds people awaiting trial on municipal and Common Pleas charges, people serving local misdemeanor sentences, and people held on warrants or for other jurisdictions. Pretrial detainees may be held until they post bond, are released by a judge or have their case resolved.
- Sheriff's administration and non-emergency line: (330) 296-5100
- Sheriff's records: (330) 297-3892
Before posting bond, confirm the exact amount, the type of bond the judge allowed and which court set it; the jail or the municipal clerk can explain how payment is accepted. A person held on a Portage case and also on a hold from another county or a probation violation may not be released even after posting bond on the Portage charge.
5. The Portage County Public Defender
Portage County has its own county public defender office, at 209 S. Chestnut Street, Suite 400, Ravenna, OH 44266, (330) 297-3665, open weekdays from 8:00 a.m. to 4:00 p.m. Staffed by a dozen attorneys plus an investigator and support staff, it represents adults and juveniles who face a possible loss of liberty in felony, misdemeanor, juvenile and some domestic relations matters, and it opens several thousand cases each year.
To qualify, an applicant completes a financial screening, and eligibility is measured against the State Public Defender's guidelines. A small application fee may be charged, but it cannot be a reason to deny counsel. When the office has a conflict, for example when it already represents a co-defendant, the court appoints a private attorney instead. Anyone who wants appointed counsel should ask at the first court appearance, or call the office before then.
6. The Prosecuting Attorney and diversion
The elected Portage County Prosecuting Attorney, 241 S. Chestnut Street, Ravenna, (330) 297-3850, presents felony cases to the grand jury, tries them in the Common Pleas Court and files juvenile delinquency complaints. City law directors and prosecutors, including those for Kent, Ravenna, Streetsboro and Aurora, prosecute misdemeanors in the municipal court for their own police departments, and the townships' misdemeanor cases are typically handled under contracts or by the county.
Ohio law allows prosecutors to operate pretrial diversion for adults accused of eligible offenses, and courts offer intervention in lieu of conviction for people whose offense was related to drug or alcohol use, mental illness or intellectual disability. Diversion programs generally require the defendant to complete conditions such as classes, community service, treatment or restitution within a set time; completion usually results in dismissal and the chance to seal the record. Violent offenses and certain other charges are typically excluded. Ask the defense attorney whether diversion or intervention is an option early in the case, because many programs must be requested before a plea.
7. Specialized dockets and treatment courts
Ohio's Supreme Court certifies specialized dockets, sometimes called problem-solving or treatment courts, that pair court supervision with treatment. Common types include drug or recovery courts, OVI courts for repeat impaired drivers, mental health courts, veterans treatment courts and human trafficking dockets such as CATCH courts. Portage County's courts have used several of these approaches, and both the municipal court and the Common Pleas Court may refer eligible defendants.
- How to get in: a defendant, defense attorney or prosecutor usually requests a screening, and the program team decides whether the person meets the clinical and legal criteria.
- What it involves: frequent court reviews, drug testing, counseling and treatment, with rewards for progress and sanctions for violations.
- What it can mean: depending on the program, successful completion can lead to reduced charges, dismissal or a lighter sentence.
Availability changes over time, so ask the Public Defender or the court staff which dockets are currently accepting participants.
8. Misdemeanor (for example, petty theft, a first OVI, assault, criminal trespass)
Kent and Ravenna handle a heavy volume of misdemeanors, from campus-area disorderly conduct and underage alcohol cases to shoplifting at Streetsboro stores. Many of these defendants are cited and released with a court date, and never see the inside of the jail.
The court process
At arraignment in the Kent or Ravenna branch, the judge or magistrate explains the charge and maximum penalties and takes a plea. Defendants facing possible jail can apply for the Public Defender. A not-guilty plea leads to a pretrial with the city or township prosecutor, where evidence is shared and offers are discussed. If the case goes to trial, the judge decides it unless the defense files a written jury demand; Ohio misdemeanor juries consist of eight people and must be unanimous. Speedy-trial limits are 90 days for M1 and M2 charges and 45 days for M3 and M4 charges, counting each jailed day three times.
Penalties
- M1: up to 180 days and $1,000. Theft under $1,000 (petty theft) and assault are M1s.
- M2: up to 90 days and $750.
- M3: up to 60 days and $500.
- M4: up to 30 days and $250. Criminal trespass is usually an M4; aggravated trespass is an M1.
- Minor misdemeanor: fine of no more than $150 and no jail.
First-offense OVI
A first OVI in Portage County is an M1 carrying a mandatory three consecutive days in jail or a 72-hour driver intervention program, and six days for a test of .17 or above or a refusal with a prior refusal or conviction. Fines are $375 to $1,075. The driver may face an administrative license suspension at arrest, and conviction adds a court suspension of one to three years. Judges frequently grant limited driving privileges, and unlimited privileges with an ignition interlock are possible in some cases. A substance-use assessment and treatment are standard conditions.
Misdemeanors can end in dismissal, diversion, intervention in lieu of conviction, a plea to a lesser charge, fines, community control or jail. Most finish in one to four months. Students should know that a conviction can carry consequences at school as well as in court, and that many misdemeanor records can later be sealed.
9. Felony (for example, burglary, felony theft, drug trafficking, felonious assault)
Felony charges start in the municipal court branch that covers the place of arrest and then move to the Common Pleas Court at 203 W. Main Street in Ravenna.
Municipal court stage
The municipal judge sets bond at the first appearance and schedules a preliminary hearing, where the state must show probable cause. That hearing must occur within 10 days if the defendant is jailed or 15 days if released, but the Prosecuting Attorney often obtains an indictment first, which cancels it. Defendants sometimes waive the preliminary hearing as part of early negotiations.
Common Pleas stage
- Indictment or information: the Portage County grand jury votes on an indictment, or the defendant waives indictment and proceeds on a bill of information.
- Arraignment: the defendant enters a plea before a General Division judge, and bond is reviewed.
- Discovery and pretrials: the prosecution turns over evidence, and the parties meet at scheduled pretrial conferences. Motions to suppress evidence are heard before trial.
- Trial or plea: felony trial must begin within 270 days of arrest, with each day jailed on the charge counting as three. Most cases end in a plea; a jury trial needs a unanimous verdict from 12 jurors.
- Sentencing: the court commonly orders a presentence investigation by the adult probation department.
Sentencing ranges
An F5, such as theft of $1,000 to $7,500, carries 6 to 12 months, and an F4, such as theft of $7,500 to $150,000, carries 6 to 18 months; many first-time nonviolent F4 and F5 offenders are presumed eligible for community control rather than prison. An F3 carries 9 to 36 months (12 to 60 for certain offenses), including burglary when no person is likely present. An F2, such as felonious assault or burglary of an occupied home with someone likely present, carries 2 to 8 years. Aggravated burglary and other first-degree felonies are punished by 3 to 11 years. F1 and F2 offenses committed on or after March 22, 2019 receive indefinite Reagan Tokes sentences, with a maximum term up to 50 percent longer than the minimum. Drug trafficking ranges from F5 to F1 by drug type and amount, and a firearm specification adds mandatory prison time. Intervention in lieu of conviction is available for some offenses tied to substance use. A Portage felony usually takes four months to a year to resolve.
10. Violent felony (for example, murder, rape, aggravated robbery)
In Portage County, the most serious violent cases are assigned to experienced assistant prosecutors and typically go to the grand jury within days or weeks. Bond is usually set high, and the prosecution may request that the defendant be held without bail.
- Aggravated murder: life without parole, life with parole eligibility after 20, 25 or 30 years, or death. Ohio still has capital punishment, but no execution has taken place since 2018.
- Murder: a sentence of 15 years to life.
- Rape: a first-degree felony subject to an indefinite Reagan Tokes term; when the victim is a child younger than 13, some Portage rape convictions carry life.
- Aggravated robbery: a first-degree felony; a firearm specification is often added when a gun is involved.
Victims have rights under Marsy's Law to notice, to attend proceedings and to be heard at bond, plea and sentencing hearings, and the Prosecuting Attorney's victim advocates help them exercise those rights. These cases often take a year or two from arrest to verdict because of forensic analysis, expert witnesses and pretrial litigation.
11. Juveniles (under 18) arrested in Portage County
Cases involving children under 18 go to the Juvenile Division of the Portage County Court of Common Pleas, 8000 Infirmary Road, Ravenna, (330) 297-0881. The Prosecuting Attorney files complaints alleging delinquency. Juvenile court intake reviews each complaint and may handle low-level or first-time cases unofficially, through diversion that requires the youth to meet conditions such as counseling, restitution or community service.
Juvenile detention
A youth who cannot be released is held at the Portage-Geauga County Juvenile Detention Center, 8000 Infirmary Road, Ravenna, OH 44266, (330) 297-5233, which serves Portage and Geauga counties. A detention hearing must take place promptly, no later than about 72 hours or the next court day, so the judge or magistrate can decide whether the youth should stay detained.
Outcomes
- Dismissal, probation, community service, counseling, treatment or electronic monitoring.
- For a felony-level offense, a possible commitment to the Ohio Department of Youth Services (DYS).
- Bindover to adult court, which is mandatory for some 16- and 17-year-olds (and some 14- and 15-year-olds) charged with the most serious offenses; for other felonies the judge may order a discretionary bindover for youths 14 and older after an amenability hearing.
- In certain serious cases, a Serious Youthful Offender sentence that combines a juvenile disposition with a suspended adult sentence.
The Portage County Public Defender represents eligible juveniles. Records in juvenile cases are generally confidential and can often be sealed.
12. Federal cases (U.S. District Court) from Portage County
Portage County belongs to the Northern District of Ohio, Eastern Division, and federal cases arising here are usually heard in Akron, at the John F. Seiberling Federal Building and U.S. Courthouse, 2 S. Main Street, Akron, OH 44308; Clerk's Office (330) 252-6000.
Who handles the case
- Prosecution: the U.S. Attorney's Office for the Northern District of Ohio, which has a branch office in Akron; main office at 801 W. Superior Avenue, Suite 400, Cleveland, OH 44113, (216) 622-3600.
- Defense: the Federal Public Defender for the Northern District of Ohio, which has a branch office in Akron, or a CJA panel attorney appointed by the court.
- Custody: U.S. Marshals Service, Seiberling Federal Building, 2 S. Main Street, Room 314, Akron, OH 44308, (330) 375-5800.
Why a Portage case might be federal
Cases become federal when federal law is broken and an agency such as the FBI, DEA, ATF, HSI or the Postal Inspection Service brings the case to the U.S. Attorney. Typical Portage County examples include drug trafficking along the Ohio Turnpike and I-76, felon-in-possession firearm charges, child exploitation investigations, and bank, wire or identity fraud.
Federal procedure in brief
A magistrate judge in Akron handles the first appearance and appoints counsel. If the government asks for detention, the hearing is generally held within three court days, and under the Bail Reform Act the judge either releases the defendant on conditions supervised by U.S. Pretrial Services or orders detention. A complaint must be followed by an indictment within 30 days, and the Speedy Trial Act sets a 70-day trial deadline that is often extended. Most cases end in a guilty plea; trials are before a 12-person jury whose verdict must be unanimous. U.S. Probation prepares a presentence report, the judge calculates the advisory Sentencing Guidelines, and statutory mandatory minimums apply. There is no parole in the federal system, so a defendant serves roughly 85 percent of the sentence in the Bureau of Prisons before supervised release begins. Federal appeals from Portage County cases go to the Sixth Circuit court of appeals.
Detention
Federal detainees are in Marshals custody and are held in county jails or private facilities that contract with the Marshals Service; relatives back home in Ravenna can look through the Federal Bureau of Prisons inmate locator for a Portage County prisoner by name or register number. Anyone from Portage County held pretrial at a contracting jail might also appear on the jail's register. Federal prosecution of minors is rare.
This Portage County guide is an overview, not legal advice, and the courts in Kent and Ravenna can change their procedures. If you or someone close to you is facing a charge, talk with a criminal defense lawyer or call the Portage County Public Defender at (330) 297-3665; questions about court dates belong with the municipal court clerk in Kent, (330) 678-9100, or Ravenna, (330) 297-3639.
Criminal Court Process for Portage County Ohio
Portage 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 Portage 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, Portage 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 Portage 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 Portage 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, Portage County or a city or town. The prosecuting attorney for Portage 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 Portage 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 Portage 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 Portage 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 Portage 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 Portage 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 Portage 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.
