Stark County Jail Criminal Court Process
Criminal Court Process for Stark County Ohio
Canton, the Stark County seat, is where the county's felony courts, prosecutor, public defender and jail are based. Lower-level cases are split among three municipal courts, Canton, Massillon and Alliance, which hear misdemeanors, OVI and traffic charges and hold the opening hearings in felony cases. Felonies are tried in the Stark County Court of Common Pleas on Central Plaza North after indictment. The Stark County Prosecuting Attorney handles felony and juvenile cases, and the law directors of Canton, Massillon and Alliance prosecute misdemeanors in their municipal courts. Anyone held after arrest is booked into the Stark County Jail on Atlantic Boulevard N.E.
- Stark County Court of Common Pleas, General Division, 115 Central Plaza North, Suite 400, Canton, OH 44702, (330) 451-7931; Clerk of Courts, Suite 101, (330) 451-7801
- Canton Municipal Court, 218 Cleveland Avenue S.W., Canton, OH 44702, (330) 438-4231
- Massillon Municipal Court, Two James Duncan Plaza S.E., Massillon, OH 44646, (330) 830-1732
- Alliance Municipal Court, 470 E. Market Street, Alliance, OH 44601, (330) 823-6600
- Stark County Family Court (Juvenile Division), 110 Central Plaza South, Canton, OH 44702, (330) 451-7848
- Stark County Prosecuting Attorney, 110 Central Plaza South, Suite 510, Canton, OH 44702, (330) 451-7897
- Stark County Public Defender, 201 Cleveland Avenue S.W., Suite 104, Canton, OH 44702, (330) 451-7200
- Stark County Sheriff's Office and Jail, 4500 Atlantic Boulevard N.E., Canton, OH 44705, (330) 430-3800
Which court hears your case. Stark County has no county court; its three municipal courts divide the whole county among them. Misdemeanors, OVI and traffic charges go to the court whose territory includes the place of the offense: Canton Municipal Court for Canton and much of central and eastern Stark County, Massillon Municipal Court for Massillon and the western part of the county, and Alliance Municipal Court for Alliance and the northeast. Six municipalities (East Canton, Hartville, Louisville, Minerva, Waynesburg and Wilmot) operate mayor's courts for their own ordinance and traffic tickets; those courts never seat juries, and anyone cited there may demand that the case be shifted to the Canton, Massillon or Alliance court. Felony arrests start in the municipal court with an initial appearance, bond and possibly a preliminary hearing. Once a Stark grand jury returns a true bill, or the accused waives that step and is charged by information, the file goes to Central Plaza North and the General Division of Common Pleas. Appeals from Stark County go to the Fifth District Court of Appeals.
Where pretrial detainees are held. The Stark County Sheriff operates the county jail at 4500 Atlantic Boulevard N.E. in Canton, which serves as the booking and holding facility for arrests made by Canton, Massillon, Alliance, North Canton and other police departments, deputies and state troopers. People who do not post bond remain there while their cases are pending in municipal court or Common Pleas Court. Custody and bond questions go to the Sheriff's Office at (330) 430-3800.
- Local courts in Stark County (municipal, county and mayor's courts)
- Finding the right Stark County courthouse
- The first 48 hours after an arrest in Stark County
- Inside the Stark County Jail
- The Stark County Public Defender
- Prosecutors, diversion and pretrial services
- Specialized dockets in Stark County 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 Stark County
- Federal cases (U.S. District Court) from Stark County
Local courts in Stark County (municipal, county and mayor's courts)
Three municipal courts and six mayor's courts make up Stark County's lower-court system. There is no county court, because the municipal courts' territories together cover every township.
Municipal courts
- Canton Municipal Court — 218 Cleveland Avenue S.W., Canton, OH 44702, (330) 438-4231. The largest of the three, covering Canton and much of central, northern and eastern Stark County, including communities such as North Canton, Louisville and East Canton. City prosecutor: (330) 489-3395.
- Massillon Municipal Court — Two James Duncan Plaza S.E., Massillon, OH 44646, (330) 830-1732. Covers Massillon and western Stark County, including communities such as Canal Fulton, Navarre, Beach City and Brewster. City prosecutor: (330) 830-1718.
- Alliance Municipal Court — 470 E. Market Street, Alliance, OH 44601, (330) 823-6600. Covers Alliance and the northeastern part of the county. City prosecutor: (330) 823-6610.
The exact boundaries follow township lines, so the court printed on a citation or summons is the one to call.
County courts
None; the three municipal courts leave no part of Stark County uncovered.
Mayor's courts
- East Canton Mayor's Court — 130 S. Cedar Street, East Canton, OH 44730, (330) 488-1797
- Hartville Mayor's Court — 202 W. Maple Street, Hartville, OH 44632, (330) 877-9222
- Louisville Mayor's Court — 215 S. Mill Street, Louisville, OH 44641, (330) 875-2871
- Minerva Mayor's Court — Minerva City Hall, 209 N. Market Street, Minerva, OH 44657; clerk (330) 868-4177. Court is held monthly in the council chambers.
- Waynesburg Mayor's Court — Village of Waynesburg, Waynesburg, OH 44688; the session date is printed on the ticket.
- Wilmot Mayor's Court — Village of Wilmot, Wilmot, OH 44689; the village office schedules hearings.
Mayor's courts handle ordinance and traffic violations from inside their own boundaries. They cannot hold jury trials, and a defendant may ask to have a case transferred to the municipal court that covers the town.
Finding the right Stark County courthouse
Downtown Canton's Central Plaza is the hub. The Court of Common Pleas, General Division, and the Clerk of Courts are at 115 Central Plaza North, where felony arraignments, pretrials, plea hearings and trials take place. Across the plaza, 110 Central Plaza South houses the Stark County Family Court, which includes the Juvenile Division, and the Prosecuting Attorney's office in Suite 510. The Canton Municipal Court and the Public Defender are a few blocks away on Cleveland Avenue S.W.
Massillon's court is in the city's municipal complex at Two James Duncan Plaza, and Alliance's is at 470 E. Market Street. Defendants with cases in more than one court, for example a municipal court misdemeanor and a Common Pleas felony, should keep track of each court's dates separately, because a missed date in one court can lead to a warrant even if the other case is moving forward.
Allow time for security screening at each building. Cell phone and recording rules vary by courtroom, and many courts post their dockets each morning.
The first 48 hours after an arrest in Stark County
- Booking on Atlantic Boulevard. The arresting agency brings the person to the Stark County Jail, where staff take fingerprints and photographs, record property and run warrant checks.
- Scheduled bond or a hold. For many misdemeanors, bond can be posted at the jail under the municipal court's bond schedule. Domestic violence, repeat OVI and felony arrests usually require a judge to set bond.
- First appearance. The arrestee appears before a municipal court judge or magistrate, typically on the next business day and often by video. Because of the bail amendment Ohio voters passed in 2022, the judge who fixes the amount has to account for safety of the community, past convictions, how serious the charge is and whether the person can be counted on to come back.
- Release options. A Stark judge can release on the person's own signature, require 10% of the bond in cash, demand the full amount, or accept a bondsman's surety; reporting to pretrial services, an ankle monitor or a no-contact order often comes with it.
- Counsel. A defendant who cannot afford a lawyer can ask for appointed counsel at this hearing.
For a felony, the clock then starts on a preliminary hearing (within 10 days if jailed, 15 if released) unless the Prosecuting Attorney obtains an indictment first.
Inside the Stark County Jail
The Stark County Jail, 4500 Atlantic Boulevard N.E., Canton, OH 44705, is run by the Stark County Sheriff's Office, (330) 430-3800. Its population is a mix of pretrial detainees from all three municipal courts and Common Pleas, inmates finishing short local sentences, and people waiting on warrants or detainers from elsewhere.
Families can call the Sheriff's Office to confirm whether someone is in custody, the charges and the bond amount. The jail sets its own rules for visitation, phone accounts, commissary deposits and mail; check those rules before sending money or property. Victims who want to be told when an inmate is released can register through the jail's victim notification line, (330) 451-1400, or the statewide VINE system.
Once a case is resolved, a person sentenced to prison is transferred to the Ohio Department of Rehabilitation and Correction. A person given local time may serve it at the jail or, in some felony cases, in a community-based correctional program the court orders.
The Stark County Public Defender
The Stark County Public Defender's office, 201 Cleveland Avenue S.W., Suite 104, Canton, (330) 451-7200, represents people who cannot afford a lawyer in criminal cases in the county's courts. If the office cannot take a case, often because it already represents someone else in the same incident, the judge assigns a private lawyer from the court's appointment list.
Eligibility depends on income and assets, shown on a sworn financial affidavit, and the court may assess a small application fee. Appointed counsel is available for any charge that carries possible jail time. Defendants should ask for a lawyer at the first appearance rather than wait for the next hearing, since early decisions about bond and evidence can affect the whole case.
Prosecutors, diversion and pretrial services
Felonies and juvenile delinquency cases in Stark County are prosecuted by the Stark County Prosecuting Attorney, 110 Central Plaza South, Suite 510, (330) 451-7897. Misdemeanors are handled by the city prosecutors in Canton, (330) 489-3395, Massillon, (330) 830-1718, and Alliance, (330) 823-6610, who generally also prosecute for surrounding townships and villages in their courts' territories.
In a Stark diversion program, an eligible defendant with little or no record agrees to requirements like counseling, restitution, community service or classes, and the prosecutor dismisses the charge once they are met. Both the county prosecutor and the city prosecutors run versions of these programs, and eligibility depends on the offense and the person's record. Intervention in lieu of conviction (ILC), a court-supervised option for offenses connected to drug or alcohol use or mental illness, is another route.
Pretrial services agencies interview arrestees, help judges evaluate release, and supervise conditions for people released before trial. Stark County Pre-Trial Services can be reached at (330) 451-7451, and Canton's court has its own pretrial services office at (330) 438-4232. The county's Victim Assistance program, (330) 451-7452, helps crime victims follow their cases.
Specialized dockets in Stark County courts
Several Stark County courts operate specialized dockets certified by the Supreme Court of Ohio. These programs replace part of the standard sentence with intensive supervision, frequent court check-ins, testing and treatment, and they reward progress with reduced sanctions or dismissal of charges.
- Drug and addiction recovery dockets for defendants whose offenses are driven by substance use disorder.
- Mental health dockets for defendants with serious mental illness, linking them with treatment providers.
- OVI dockets for repeat impaired drivers, with monitoring and treatment requirements.
- Veterans dockets pairing veterans with mentors and VA services.
- Human trafficking and family dockets in some Ohio courts, focusing on survivors charged with related offenses and on families involved with the court.
Which dockets exist in a given court, and who qualifies, changes over time. Defense counsel can say whether a referral makes sense; entry usually requires agreement from the prosecutor and the judge.
Misdemeanor (for example, petty theft, a first OVI, assault, criminal trespass)
Shoplifting at the Belden Village shops, a scuffle outside a Massillon bar, or trespassing on closed property in Alliance are all misdemeanors heard in a Stark County municipal court. Many of these cases start with a summons or citation and never involve a night at the jail.
The municipal court process
At arraignment, the defendant hears the charge and the maximum penalty and enters a plea. Where a jail sentence is on the table and money for a lawyer is not, the Stark County Public Defender can be assigned. After a not-guilty plea the defense sits down with the city prosecutor to go over body-camera footage and reports, and a large share of Stark misdemeanors end with a deal at that stage. To get a jury trial, the defense must file a written demand within the deadline; misdemeanor juries in Ohio have eight members and must reach a unanimous verdict. Otherwise the judge decides the case.
Ohio's speedy-trial law sets the time limits: 90 days for an M1 or M2 charge and 45 days for an M3 or M4, with three days counted for every day spent in jail on that charge alone.
Penalty ranges
- M1: up to 180 days in jail and $1,000. This degree covers petty theft (under $1,000) and assault.
- 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 here; aggravated trespass is an M1.
- Minor misdemeanor: up to $150, with no jail time.
A first OVI in Stark County
Stark County courts treat a first OVI as an M1 with a mandatory minimum of three days in a row, served either in jail or through a 72-hour driver intervention program. A result of .17 or higher, or a refusal in certain repeat situations, doubles the minimum to six days. Fines must fall in the $375 to $1,075 band. An administrative license suspension takes effect at arrest, and a separate court suspension, at least one year and up to three, follows a conviction. Judges commonly grant limited privileges for work, school or treatment, and some drivers can obtain unlimited privileges by installing an ignition interlock.
A Canton, Massillon or Alliance misdemeanor may close with a dismissal, a diversion agreement, ILC, a fine, community control or a jail term, and sealing is often possible later. Expect a Stark County misdemeanor to take one to four months.
Felony (for example, burglary, felony theft, drug trafficking, felonious assault)
Stark County's Court of Common Pleas carries one of the busiest felony dockets in northeast Ohio, but each case still follows the same path from municipal court to Central Plaza North.
Municipal court phase
After the initial appearance and bond hearing, the municipal court schedules a preliminary hearing, where a judge decides whether there is probable cause. Many cases never reach that hearing because the Prosecuting Attorney presents them directly to a Stark County grand jury. An indictment, or a bill of information filed after the defendant waives indictment, moves the case to Common Pleas.
Common Pleas phase
- Arraignment on the indictment, where the defendant enters a plea and the judge reviews bond.
- Discovery, with the prosecutor providing police reports, lab results and recordings.
- Motions, such as requests to suppress evidence from an illegal search or an unwarned statement.
- Pretrial conferences, where plea offers are made and most cases are resolved.
- Trial before a 12-member jury, which must be unanimous. The state must try the case within 270 days of arrest, and each day the defendant is held in jail solely on that case counts as three.
- Sentencing, usually after a presentence investigation by the Adult Probation Department.
Felony sentencing ranges
- Fifth degree: 6 to 12 months; stealing $1,000 to $7,500 in property is an F5, and a first offender with no violence at the F4 or F5 level usually starts with a presumption against prison.
- Fourth degree: 6 to 18 months; thefts in the $7,500 to $150,000 range.
- Third degree: usually 9 to 36 months, but 12 to 60 for a list of more serious F3 crimes; some burglaries are charged at this level.
- Second degree: 2 to 8 years. Includes felonious assault and burglary of an occupied structure when someone is likely present.
- First degree: 3 to 11 years. Includes aggravated burglary and major drug trafficking.
Stark judges sentence first- and second-degree felonies from March 22, 2019 forward under Reagan Tokes, choosing a minimum term that the prison system can extend by as much as half. A trafficking count's degree, F5 at the bottom to F1 at the top, depends on what the drug is and how much was involved, while any gun specification brings mandatory years that are served first. Intervention in lieu of conviction and the county's treatment dockets are possible alternatives for some drug-related cases. Most felonies in Stark County are resolved in four months to a year.
Violent felony (for example, murder, rape, aggravated robbery)
Homicides, sexual assaults and armed robberies in Stark County are usually investigated by the Canton Police Department, other city departments or the Sheriff, often with help from state crime lab analysts. The Prosecuting Attorney typically presents these cases to the grand jury quickly, and judges often set high bonds or order detention without bail after a hearing.
Penalties
- Aggravated murder: a capital case can end in a death sentence; otherwise the judge or jury selects life imprisonment, either with no parole or with the parole board's first review set at 20, 25 or 30 years. Death sentences are still handed down in Ohio, though none has been carried out since 2018.
- Murder: 15 years to life.
- Rape: an F1 sentenced on Reagan Tokes' indefinite model, and a potential life sentence for the rape of a child under 13 in aggravated circumstances such as force.
- Aggravated robbery: F1, and gun specifications are common in Canton robbery indictments.
Repeat violent offender specifications can add years to the sentence. Marsy's Law, in the Ohio Constitution since 2017, lets victims receive advance word of hearings, attend them, and speak when bail, a plea or the sentence is decided; the county's Victim Assistance program, (330) 451-7452, helps victims use those rights. Violent felony cases usually take one to two years or more, especially when DNA evidence, expert testimony or competency evaluations are involved.
Juveniles (under 18) arrested in Stark County
In Stark County, offenses by youths under 18 are heard by the Stark County Family Court, whose Juvenile Division sits at 110 Central Plaza South in Canton, (330) 451-7848. The municipal courts do not hear juvenile delinquency cases.
How a case begins
Police may release a youth to a parent and file a complaint, or take the youth to the detention center if the offense is serious. The Prosecuting Attorney's juvenile unit files delinquency complaints. Court intake staff review new referrals and can handle many first or minor offenses unofficially or through diversion programs, which can involve restitution, community service, counseling or classes and end without a formal adjudication.
Detention
Youths who are held are taken to the detention center operated by the Multi-County Juvenile Attention System (MCJAS), 815 Faircrest Street S.W., Canton, OH 44706, (330) 484-6471, which provides juvenile detention for Stark, Carroll, Columbiana and Wayne counties. Within 72 hours of the youth's admission, or by the next court day if sooner, the Family Court must hold a hearing on whether detention continues.
Outcomes
A youth found delinquent can be placed on probation, ordered to pay restitution or perform community service, or required to complete treatment or counseling. For a youth adjudicated on a serious felony, the Family Court can order commitment to DYS, the Ohio Department of Youth Services.
Bindover and serious youthful offenders
For a short list of the gravest charges, Ohio makes adult prosecution mandatory for some youths aged 16 and 17, and in rarer cases for 14- and 15-year-olds. For youths 14 and older, the prosecutor can also request a discretionary bindover, which requires an amenability hearing. A serious youthful offender (SYO) designation keeps the case in juvenile court but adds a stayed adult sentence that can be imposed if the youth fails to comply.
Family Court juvenile files are kept largely confidential, and sealing or expungement is available for many of them. Youths have the right to counsel, and the Stark County Public Defender, (330) 451-7200, represents many of them.
Federal cases (U.S. District Court) from Stark County
Stark County federal matters fall within the Eastern Division of the Northern District of Ohio, and Canton-area cases are generally assigned to the courthouse in Akron, the John F. Seiberling Federal Building and U.S. Courthouse, 2 South Main Street, Akron, OH 44308; clerk (330) 252-6000.
Federal offices
- U.S. Attorney's Office, Northern District of Ohio — branch office in Akron; main office at 801 West Superior Avenue, Suite 400, Cleveland, OH 44113, (216) 622-3600
- Federal Public Defender, Northern District of Ohio — branch office in Akron; main office in Cleveland
- U.S. Marshals Service — Seiberling Federal Building, 2 S. Main Street, Room 314, Akron, OH 44308, (330) 375-5800
When Stark County cases go federal
A Stark County case turns federal when the conduct breaks a U.S. statute and an investigating agency (the FBI, DEA, ATF, HSI or postal inspectors, for instance) takes it to the U.S. Attorney instead of the county prosecutor. Stark County cases charged federally often involve drug trafficking organizations, guns possessed by people with felony convictions, armed robberies of businesses, child exploitation, and fraud against banks, health-care programs or government benefits. Some cases are investigated by joint task forces of local and federal officers, and prosecutors decide whether to charge in state or federal court.
Federal procedure
Someone arrested on federal charges from Stark County makes a first appearance in Akron in front of a magistrate judge, and a qualifying defendant gets a lawyer from the Federal Public Defender's office or the CJA panel. A government motion to detain is normally heard within three days the court is open. Under the Bail Reform Act, the magistrate may release the defendant on conditions supervised by U.S. Pretrial Services or order detention; commercial bail bonds are not used. Charges filed by complaint must be converted to a grand jury indictment within 30 days, and while the Speedy Trial Act asks for trial within 70 days, excluded time often stretches that considerably. Most federal cases end with a plea agreement; trial is to a 12-member jury that must agree unanimously.
U.S. Probation prepares a presentence report before sentencing. The judge calculates the federal Sentencing Guidelines, which are advisory, but must impose any mandatory minimum, which is common in drug and firearm cases. Federal inmates cannot be paroled, so a Bureau of Prisons sentence is shortened only by good-conduct credit, leaving about 85% to be served before supervised release. Federal appeals from Stark County cases go to the Sixth Circuit court of appeals.
Federal detention
A Stark County defendant held before trial is in the custody of the U.S. Marshals Service, which places detainees in jails and other facilities under contract; the Federal Bureau of Prisons inmate locator allows friends and family in Canton to search for someone from Stark County with a name or register number. Anyone from Stark County held before trial in a Marshals-contract jail may show up on that jail's list. Federal prosecution of juveniles is rare.
This Stark County page is a general explanation of how criminal cases are handled and is not legal advice; court procedures, programs and phone numbers can change. If you have been charged in Canton, Massillon, Alliance or the Common Pleas Court, talk with a defense lawyer or contact the Stark County Public Defender at (330) 451-7200.
Criminal Court Process for Stark County Ohio
Stark 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 Stark 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, Stark 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 Stark 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 Stark 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, Stark County or a city or town. The prosecuting attorney for Stark 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 Stark 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 Stark 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 Stark 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 Stark 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 Stark 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 Stark 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.
