Middletown Jail Criminal Court Process
Criminal Court Process for Warren County Ohio
Warren County lies between Cincinnati and Dayton, and its county seat, Lebanon, is home to the county's government campus on Justice Drive and Memorial Drive. Misdemeanor, OVI and traffic cases, along with the first hearings in felony cases, are handled by three municipal courts (Lebanon, Mason and Franklin) and the Warren County Court, which covers the parts of the county outside those courts' territories. Indicted felonies are tried in the General Division of the Warren County Court of Common Pleas at 500 Justice Drive. The elected Warren County Prosecuting Attorney handles felonies and prosecutes in the Warren County Court, while the cities' law directors or prosecutors handle misdemeanors in the municipal courts. Adults held after arrest are booked into the Warren County Jail, which the Sheriff runs at 822 Memorial Drive in Lebanon.
- Warren County Court of Common Pleas, General Division, Courts Building, 500 Justice Drive, Lebanon, OH 45036
- Warren County Clerk of Courts, 500 Justice Drive, Lebanon, OH 45036, (513) 695-1120
- Warren County Court, 822 Memorial Drive, Lebanon, OH 45036, (513) 695-1370
- Warren County Court of Common Pleas, Probate and Juvenile Division (Juvenile Court), 900 Memorial Drive, Lebanon, OH 45036, (513) 695-1160
- Appointed defense counsel: requested from the judge at the first appearance; felony paperwork goes through the Warren County Clerk of Courts, (513) 695-1120, and county court misdemeanors through the Warren County Court, (513) 695-1370
- Warren County Prosecuting Attorney, 520 Justice Drive, Lebanon, OH 45036, (513) 695-1325
- Warren County Sheriff's Office, 822 Memorial Drive, Lebanon, OH 45036, (513) 695-1280
- Warren County Jail, 822 Memorial Drive, Lebanon, OH 45036, (513) 695-1287
Which court hears your case. The location of the offense decides which local court handles a misdemeanor, OVI or traffic case. The Lebanon Municipal Court takes cases from Lebanon and its surrounding territory, the Mason Municipal Court from Mason and its assigned area in the county's southwest, and the Franklin Municipal Court from Franklin and nearby communities in the northwest; the Warren County Court hears cases from every remaining township and village. Six communities also run mayor's courts for ordinance and traffic violations: the city of Springboro and the villages of Carlisle, Harveysburg, Morrow, South Lebanon and Waynesville. A mayor's court sits without a jury, and a defendant may ask to move the case to the municipal or county court. Felony cases begin in the municipal or county court for the area with an initial appearance, bond and any preliminary hearing, then move to the Common Pleas Court after a Warren County grand jury indicts or a bill of information is filed. Appeals go to Ohio's Twelfth District Court of Appeals.
Where pretrial detainees are held. Arrests by the Sheriff's deputies, the Lebanon, Mason, Franklin, Springboro and township police departments, and the State Highway Patrol all end at the Warren County Jail at 822 Memorial Drive in Lebanon when the person is not released. The Sheriff operates the jail, which holds pretrial defendants and people serving local sentences. Call the jail at (513) 695-1287 for custody, bond and visiting questions, or the Sheriff's main line at (513) 695-1280.
- Local courts in Warren County (municipal, county and mayor's courts)
- The Lebanon court campus and local courthouses
- After an arrest in Warren County: booking, bond and first hearing
- The Warren County Jail
- Getting a court-appointed lawyer in Warren County
- The Prosecuting Attorney and pre-trial diversion
- Specialty 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 Warren County
- Federal cases (U.S. District Court) from Warren County
1. Local courts in Warren County (municipal, county and mayor's courts)
Warren County has three municipal courts, one county court and six active mayor's courts on the state's most recent list. The ticket or summons will name the court; if it does not, call the clerk for the area where the incident happened.
Municipal courts
- Lebanon Municipal Court — City Building, 50 South Broadway, Lebanon, OH 45036, (513) 933-7210. Lebanon and its surrounding territory.
- Mason Municipal Court — 5950 Mason-Montgomery Road, Mason, OH 45040, (513) 398-7901. Mason and its assigned area in southwestern Warren County.
- Franklin Municipal Court — City Building, 1 Benjamin Franklin Way, Franklin, OH 45005, (937) 746-2858. Franklin and nearby communities in northwestern Warren County.
County court
- Warren County Court — 822 Memorial Drive, Lebanon, OH 45036, (513) 695-1370. Every part of the county outside the three municipal courts' territories; hears misdemeanors, OVI, traffic, felony initial appearances and preliminary hearings, and civil claims up to $15,000.
Mayor's courts
- Carlisle Mayor's Court — Village of Carlisle, Carlisle, OH 45005
- Harveysburg Mayor's Court — Village of Harveysburg, Harveysburg, OH 45032
- Morrow Mayor's Court — Village of Morrow, Morrow, OH 45152
- South Lebanon Mayor's Court — Village of South Lebanon, South Lebanon, OH 45065
- Springboro Mayor's Court — City of Springboro, Springboro, OH 45066
- Waynesville Mayor's Court — Village of Waynesville, Waynesville, OH 45068
Contact each mayor's court through its city or village administrative office for session dates and payment options. These courts handle only ordinance and traffic matters; jury trials and more serious charges belong to the municipal or county court.
2. The Lebanon court campus and local courthouses
Most of Warren County's criminal justice offices sit together on a campus on the north side of Lebanon. The Courts Building at 500 Justice Drive houses the Common Pleas General Division and the Clerk of Courts, where felony arraignments, pretrials, trials and sentencings take place. The Prosecuting Attorney is next door at 520 Justice Drive.
Around the corner, the Criminal Justice Building at 822 Memorial Drive contains the Sheriff's Office, the county jail and the Warren County Court, which makes it convenient for in-custody defendants to be brought to that court. The Juvenile Court and juvenile detention center share 900 Memorial Drive.
The three municipal courts are in their own city buildings: Lebanon's on South Broadway downtown, Mason's on Mason-Montgomery Road, and Franklin's at City Hall on Benjamin Franklin Way. A Lebanon Municipal Court defendant will often travel only a few blocks to the jail, while Mason and Franklin defendants held in custody are transported to Lebanon or appear by video.
Expect security screening at every courthouse. Bring photo identification and the court notice, and arrive early for crowded arraignment dockets.
3. After an arrest in Warren County: booking, bond and first hearing
Booking. An arrested adult is brought to the Warren County Jail, where deputies photograph and fingerprint the person, check for warrants and inventory property. Medical screening is part of intake.
Bond. Many misdemeanors carry a preset amount on the local court's bond schedule, so the person can post bond at the jail. Charges such as domestic violence, OVI with aggravating factors and all felonies usually wait for a judge. Ohio courts may grant a recognizance bond, accept a 10 percent deposit, or require cash or a surety bond, and private bail bond agents may write surety bonds. Since the 2022 amendment to the Ohio Constitution, judges setting the amount must consider public safety, the person's criminal record, the seriousness of the offense and the likelihood of returning to court. Conditions such as no-contact orders, alcohol monitoring and pretrial supervision are common.
First appearance. The arraignment or initial appearance takes place in the Lebanon, Mason or Franklin Municipal Court or the Warren County Court, usually by the next business day and frequently by video from the jail. At that Warren County hearing, the judge goes over the charges, rules on bond and assigns a lawyer to anyone who qualifies. Misdemeanor defendants plead at this hearing; felony defendants do not.
Next steps. Misdemeanors remain in the local court for pretrials, motions and any trial. Felonies either receive a preliminary hearing in the local court, within 10 consecutive days for a jailed defendant or 15 days for one on bond, or go straight to the grand jury. After indictment, the Common Pleas Court at 500 Justice Drive takes over.
4. The Warren County Jail
The Warren County Jail is located in the Sheriff's Criminal Justice Building at 822 Memorial Drive, Lebanon, OH 45036. Jail phone: (513) 695-1287. Sheriff's Office: (513) 695-1280.
- Who is there: adults awaiting trial who have not posted bond, people serving jail sentences from Warren County courts, those held on probation violations or warrants from other jurisdictions, and sentenced felons awaiting transport to state prison.
- Bond: most bonds are posted at the jail; staff can explain accepted payment methods and whether a judge must set the amount first.
- Locating an inmate: call the jail with the person's full name and date of birth.
- Visits, phone calls, mail and accounts: governed by Sheriff's Office rules, which can change; check before visiting or sending money.
Youths are held separately at the Warren County Juvenile Detention Center, not at the adult jail.
5. Getting a court-appointed lawyer in Warren County
A defendant who could be jailed and cannot afford a lawyer is entitled to one at public expense. In Warren County, the request is made to the judge at the first appearance in the municipal or county court, or at arraignment in the Common Pleas Court.
- Tell the court you want appointed counsel.
- Complete the financial affidavit; the court reviews income, assets and household size under state indigency standards.
- If eligible, the defendant is assigned a public defender or an appointed private attorney; co-defendants and other conflict cases receive separate counsel.
- A small application fee may be assessed, and judges can waive it.
For felony cases, questions about appointment can go to the Clerk of Courts at (513) 695-1120; for misdemeanors, contact the clerk of the court handling the case, such as the Warren County Court at (513) 695-1370 or the Lebanon Municipal Court at (513) 933-7210. Appointed counsel in a felony usually follows the case from the municipal or county court into Common Pleas.
6. The Prosecuting Attorney and pre-trial diversion
The Warren County Prosecuting Attorney's Office, 520 Justice Drive, Lebanon, (513) 695-1325, handles felony cases from grand jury through trial and sentencing, files juvenile delinquency complaints and prosecutes misdemeanors in the Warren County Court. Its divisions include criminal, juvenile, victim-witness and investigative units. In the Lebanon, Mason and Franklin municipal courts, misdemeanors are prosecuted by city attorneys.
Pre-Trial Diversion
The Prosecuting Attorney runs a formal Pre-Trial Diversion program for some first-time, generally nonviolent felony defendants. Applicants submit an application, a monthly budget and a speedy-trial time waiver, and they complete an interview and assessment. Those accepted follow program standards, which can include restitution, community service, counseling, drug testing and staying out of trouble, for a set period; successful participants have their charges dismissed. Acceptance is at the prosecutor's discretion.
Intervention in lieu of conviction
Separate from diversion, Ohio's intervention in lieu of conviction law allows a judge to hold a guilty plea while a defendant whose offense was driven by drug or alcohol use, or certain mental health conditions, completes a treatment plan. Completion leads to dismissal.
Victims
The office's victim-witness staff help victims exercise their Marsy's Law rights to notice, to be present and to be heard at bond, plea and sentencing hearings, and to seek restitution.
7. Specialty dockets and treatment courts
Ohio's specialized dockets offer certain defendants a supervised treatment track instead of a standard sentence. Participants appear regularly before the judge, undergo testing and follow a treatment plan; finishing can bring reduced charges, dismissal or early termination of supervision.
- Drug and recovery court: for defendants whose offenses stem from addiction, with treatment through local providers and close monitoring.
- OVI treatment approaches: for repeat OVI offenders who need sustained treatment along with license and monitoring conditions.
- Mental health and veterans tracks: for defendants with serious mental illness or service-related needs, coordinated with community and veterans' services.
Not every court in Warren County runs every type of docket, and eligibility rules vary. Ask defense counsel or the court's probation department which programs are available for the specific charge.
8. Misdemeanor (for example, petty theft, a first OVI, assault, criminal trespass)
Warren County's misdemeanor caseload reflects its highways and attractions: OVI and traffic cases from Interstates 71 and 75, theft cases from the shopping areas in Mason and Springboro, and summer cases tied to Kings Island and the Little Miami River. Officers commonly release people on a citation; custodial arrests are typical for OVI, domestic violence, assault and warrants.
Court process
At arraignment in the municipal or county court, the judge explains the charge and its penalties and the defendant enters a plea. A not guilty plea leads to a pretrial with the prosecutor, where most cases settle. A jury trial must be requested in writing; the jury has eight members, and its verdict must be unanimous. Ohio's speedy-trial statute sets 90 days for M1 and M2 offenses and 45 days for M3 and M4 offenses from arrest or summons, extended by defense continuances.
Penalties
- M1 offenses, such as assault or petty theft involving less than $1,000, can bring up to 180 days in jail and a $1,000 fine.
- M2 offenses can bring up to 90 days in jail and a $750 fine.
- M3 offenses can bring up to 60 days in jail and a $500 fine.
- M4 offenses, which usually include criminal trespass, can bring up to 30 days in jail and a $250 fine; aggravated trespass is an M1.
- Minor misdemeanors bring only a fine, which cannot exceed $150.
First OVI
A first OVI conviction in Warren County is an M1 with mandatory consequences: at least three consecutive days in jail or a 72-hour driver intervention program (six days with a .17 or higher test or certain refusal situations), a fine of $375 to $1,075, and a court license suspension of one to three years. The administrative license suspension begins at arrest after a failed or refused test. Judges commonly grant limited privileges, and some drivers can receive unlimited privileges with an ignition interlock. An alcohol assessment and treatment are usual conditions.
Outcomes and time
Results can include dismissal, diversion, intervention in lieu of conviction, fines, community control supervised by probation, or jail. Most misdemeanor cases in Warren County take one to four months. Many convictions can later be sealed.
9. Felony (for example, burglary, felony theft, drug trafficking, felonious assault)
Felony cases in Warren County frequently involve drug trafficking along the I-71 and I-75 corridors, organized retail theft, burglary and fraud. Each case starts in the municipal or county court for the location of the arrest and ends in the Common Pleas Court in Lebanon.
Steps in a Warren County felony
- Initial appearance in the local court, usually by the next business day: bond, conditions and appointment of counsel.
- Preliminary hearing within 10 consecutive days for a jailed defendant or 15 days for one released, unless waived or replaced by an indictment.
- Grand jury review by a Warren County grand jury; a defendant may waive indictment and proceed on a bill of information.
- Arraignment in Common Pleas at 500 Justice Drive, followed by discovery.
- Pretrial conferences and plea negotiations, where most cases resolve; some defendants are considered for Pre-Trial Diversion or intervention in lieu of conviction.
- Trial before a unanimous jury of 12, or a bench trial on written waiver.
- Sentencing, usually after a presentence investigation by adult probation.
Ohio's speedy-trial law gives the state 270 days from arrest to bring a felony to trial; each day in jail on that charge alone counts as three. That clock stops running whenever the defense asks for more time.
Sentencing by degree
- F5: 6 to 12 months; theft of $1,000 to $7,500 is an F5, and community control is presumed for many first-time nonviolent F4 and F5 offenders.
- F4: 6 to 18 months; theft of $7,500 to $150,000 falls here.
- F3: 9 to 36 months, with 12 to 60 months for designated offenses; burglary where nobody is likely present is usually an F3.
- F2: a minimum term from 2 to 8 years; felonious assault and burglary of an occupied structure with a person likely present are F2 offenses.
- F1: a minimum term from 3 to 11 years.
Under the Reagan Tokes Law, F1 and F2 offenses committed on or after March 22, 2019 receive indefinite sentences, with a maximum of up to half again the minimum. Drug trafficking may be charged from F5 to F1 depending on the drug and amount. Using or carrying a gun can add a firearm specification, which brings separate mandatory prison time.
How long it takes
Warren County felony cases generally take four to twelve months from arrest to sentencing; trials and complex discovery push that longer.
10. Violent felony (for example, murder, rape, aggravated robbery)
Violent felonies in Warren County are investigated by the Sheriff's Office or city police, frequently with help from the Ohio Bureau of Criminal Investigation. The Prosecuting Attorney typically presents them to the grand jury promptly, and they are tried in the Common Pleas Court in Lebanon.
Bond and detention
Bonds are typically very high, and the court must weigh public safety, the defendant's criminal history and the seriousness of the charge. For certain serious offenses, the prosecutor can request a hearing to deny bail. Defendants who stay in custody remain at the Warren County Jail on Memorial Drive.
Penalties
- Aggravated murder: the sentence options are death, life imprisonment without parole, and life with parole eligibility after 20, 25 or 30 years. Ohio's last execution was in 2018.
- Murder: a prison term of 15 years to life.
- Rape: an F1 with an indefinite Reagan Tokes term; when the victim was under 13 and force or other aggravating elements are proven, life imprisonment is possible.
- Aggravated robbery: an F1, often with a firearm specification adding mandatory time.
Victims and timeline
Victims have Marsy's Law rights to notice, attendance and a voice at key hearings, and the Prosecuting Attorney's victim-witness staff support them throughout. Warren County violent felony cases commonly take one to two years or more, because of forensic analysis, expert testimony and motion practice.
11. Juveniles (under 18) arrested in Warren County
The Warren County Juvenile Court, part of the Probate and Juvenile Division of the Court of Common Pleas, is at 900 Memorial Drive in Lebanon, (513) 695-1160. The juvenile unit of the Warren County Prosecuting Attorney's Office files delinquency complaints, and the court's intake staff screen referrals from police and schools.
Intake and diversion
Many first-time and low-level cases are diverted or handled unofficially. The youth and family meet with court staff, and the youth completes conditions such as community service, restitution, counseling or an educational program; the case closes without an adjudication. More serious or repeat charges proceed formally before a judge or magistrate.
Detention
The Warren County Juvenile Detention Center shares the 900 Memorial Drive campus with the court, (513) 695-1392, and has about 24 beds. Lebanon juvenile staff detain a youth there only if sending the child home would be unsafe or the child seems likely to run. A detention hearing must be held promptly, generally within 72 hours or by the next court day, to decide whether detention continues or the youth goes home under conditions such as house arrest or monitoring.
Dispositions
A youth found delinquent may receive probation, community service, restitution, counseling, electronic monitoring, a residential placement or, for felony-level offenses, commitment to the Ohio Department of Youth Services, which can last until age 21.
Adult court and blended sentences
Ohio law mandates bindover to adult court for some 16- and 17-year-olds charged with the gravest offenses, and in specific circumstances for 14- and 15-year-olds. Prosecutors can seek discretionary bindover for other youths 14 and older, which requires an amenability hearing before the juvenile judge. A Serious Youthful Offender case gives the court a blended option: a juvenile disposition, with an adult sentence held in reserve if the youth does not comply.
Juvenile records are generally confidential, and many can be sealed or expunged after the case ends.
12. Federal cases (U.S. District Court) from Warren County
Although Warren County sits between Cincinnati and Dayton, the federal court's rules place it with Cincinnati. Federal criminal cases from the county are generally handled by the Western Division of the U.S. District Court for the Southern District of Ohio at the Potter Stewart U.S. Courthouse, 100 East Fifth Street, Cincinnati, OH 45202.
Federal agencies and charges
Federal prosecution happens when an offense violates a federal statute and the U.S. Attorney's Office decides to pursue it. In Warren County, that commonly means interstate drug trafficking along I-71 and I-75, firearm offenses, child exploitation cases investigated online, bank robbery, and white-collar crimes such as wire fraud and health care fraud. The FBI, DEA, ATF, HSI and regional task forces with Warren County officers frequently bring these cases.
Offices that handle Warren County federal cases
- U.S. Attorney's Office, Cincinnati — 221 East Fourth Street, Suite 400, Cincinnati, OH 45202, (513) 684-3711
- Federal Public Defender, Cincinnati — 250 East Fifth Street, Suite 350, Cincinnati, OH 45202, (513) 929-4834
- U.S. Marshals Service, Cincinnati — Potter Stewart U.S. Courthouse, 100 East Fifth Street, Room 130, Cincinnati, OH 45202, (513) 684-3594
Process in brief
Initial appearance and detention. A U.S. magistrate judge in Cincinnati holds the first hearing and appoints the Federal Public Defender or a Criminal Justice Act panel lawyer if needed. If prosecutors move for detention, the hearing is ordinarily within three court days. The Bail Reform Act controls: the judge releases the defendant on conditions supervised by U.S. Pretrial Services, or orders detention. Commercial bail is not part of federal practice.
Indictment and trial clock. A complaint must be followed by a grand jury indictment within 30 days, and the Speedy Trial Act sets 70 days to trial, with frequent exclusions for motions and discovery.
Resolution. Most defendants plead guilty. At trial, 12 jurors must agree unanimously.
Sentencing. U.S. Probation prepares a presentence report, the judge considers the advisory Sentencing Guidelines, and statutory mandatory minimums, common in drug and gun cases, must be imposed. Federal prisoners have no parole and serve about 85 percent of their terms with good-conduct credit in the Bureau of Prisons, followed by supervised release.
Appeal. The Sixth Circuit Court of Appeals, headquartered in the same Cincinnati courthouse, hears appeals.
Custody and juveniles
The U.S. Marshals hold detained federal defendants in contract jails in the region. The Federal Bureau of Prisons inmate locator allows Lebanon families to search for a person from Warren County by register number or name. A defendant from Lebanon held pretrial in a Marshals-contract jail may be listed in that jail's listing. Federal cases against people under 18 are rare.
This guide to the Warren County criminal courts is general information, not legal advice, and local procedures, addresses and phone numbers may change. If you face a charge in Lebanon, Mason, Franklin or elsewhere in the county, talk with a criminal defense lawyer or ask the court for appointed counsel; felony defendants can reach the Warren County Clerk of Courts at (513) 695-1120, and misdemeanor defendants in the county court can call (513) 695-1370.
Criminal Court Process for Warren County Ohio
Warren 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 Warren 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, Warren 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 Warren 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 Warren 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, Warren County or a city or town. The prosecuting attorney for Warren 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 Warren 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 Warren 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 Warren 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 Warren 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 Warren 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 Warren 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.
