Wyandot County Jail Criminal Court Process
Criminal Court Process for Wyandot County Ohio
Wyandot County is a farming county in northwest-central Ohio, and its county seat, Upper Sandusky, is where nearly every local criminal case is heard. Misdemeanors, OVI charges and the first stages of felony cases go to the Upper Sandusky Municipal Court, which serves the whole county. Felonies that are indicted move up to the Wyandot County Court of Common Pleas, a single combined court that also handles domestic relations, probate and juvenile matters. The elected Wyandot County Prosecuting Attorney brings felony charges, while municipal-court misdemeanors are prosecuted by the city's law director or a contracted prosecutor, and people who are held after arrest are booked into the Sheriff's Wyandot County Jail in Upper Sandusky.
- Wyandot County Court of Common Pleas (General, Domestic Relations, Probate and Juvenile Division) and Clerk of Courts, Wyandot County Courthouse, 109 South Sandusky Avenue, Upper Sandusky, OH 43351, (419) 294-1432
- Upper Sandusky Municipal Court, 119 North Seventh Street, Upper Sandusky, OH 43351, (419) 294-3809
- Wyandot County Sheriff's Office and Jail, 125 East Wyandot Avenue, Upper Sandusky, OH 43351, (419) 294-2362
- Counsel for defendants who cannot pay: appointed by the court; apply through the Wyandot County Clerk of Courts, (419) 294-1432, or the Upper Sandusky Municipal Court, (419) 294-3809
- Wyandot County Prosecuting Attorney, Wyandot County Courthouse, 109 South Sandusky Avenue, Upper Sandusky, OH 43351 (reach the office through the courthouse, (419) 294-1432)
Which court hears your case. Wyandot County has one municipal court, and its territory covers every city, village and township in the county, so a shoplifting charge in Carey, a first OVI on State Route 23 near Harpster or a trespass complaint in Sycamore will all be filed in the Upper Sandusky Municipal Court. The most recent statewide list of mayor's courts shows none operating in Wyandot County, so ordinance and traffic tickets also go to the municipal court. A felony case begins in that same municipal court with the initial appearance, bond and, if it is not waived or overtaken by an indictment, a preliminary hearing. Once a Wyandot County grand jury returns an indictment, or the defendant agrees to proceed on a bill of information, the case is transferred to the Common Pleas Court at the courthouse on South Sandusky Avenue. Appeals from both courts go to Ohio's Third District Court of Appeals.
Where pretrial detainees are held. Adults arrested by the Sheriff's deputies, the Upper Sandusky and Carey police or the State Highway Patrol are taken to the Wyandot County Jail, which the Sheriff operates at 125 East Wyandot Avenue. Anyone who cannot post bond stays there until the case is resolved or a judge changes the bond; when the jail is near capacity, the Sheriff may house some inmates in another county's facility under contract. Call the Sheriff's Office at (419) 294-2362 to confirm where a person is held, the bond amount or visiting rules.
- Local courts in Wyandot County (municipal, county and mayor's 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 Wyandot County
- Federal cases (U.S. District Court) from Wyandot County
1. Local courts in Wyandot County (municipal, county and mayor's courts)
Wyandot's lower-court system is unusually simple. Because the municipal court's territory takes in the entire county, there is no separate county court here, and no village or city currently runs a mayor's court on the state's published list.
Municipal court
- Upper Sandusky Municipal Court — 119 North Seventh Street, Upper Sandusky, OH 43351, (419) 294-3809. Covers all of Wyandot County, including Upper Sandusky, Carey, Harpster, Kirby, Marseilles, Nevada, Sycamore and every township.
County court
None. Ohio creates county courts only for areas outside every municipal court's territory, and in Wyandot no such area remains.
Mayor's courts
None listed. Tickets written inside village limits go straight to the Upper Sandusky Municipal Court.
The municipal court handles traffic tickets, OVI charges, all misdemeanors, small claims and civil cases up to its dollar limit, and the early stages of felony cases. The clerk's office can confirm a court date, a bond amount or whether a warrant is active.
2. Misdemeanor (for example, petty theft, a first OVI, assault, criminal trespass)
Many Wyandot misdemeanor cases start with a citation or summons rather than a trip to jail. An officer writing up a minor theft at a Carey store or a trespass complaint on farm property will often hand the person a ticket with a court date. Custodial arrests are more likely after an OVI stop, a domestic-violence call, a fight, or when the officer finds an outstanding warrant.
Bond and the first court date
People booked into the county jail on a misdemeanor can frequently post bond under the court's bond schedule without waiting to see a judge. Others are held for the next court session, when the municipal judge sets bond in person or by video. Ohio law lets the court release someone on a personal recognizance bond, require a 10 percent deposit, or set a cash or surety bond, and licensed bail bond agents may post surety bonds. Since the 2022 amendment to the Ohio Constitution, a judge setting the amount must weigh public safety, the defendant's criminal record, the seriousness of the charge and the risk of not returning to court. Domestic-violence defendants are commonly held until a judge reviews the case and may leave with a temporary protection order.
At arraignment the judge reads the charge and explains possible penalties. A defendant may plead not guilty, guilty or no contest. A not guilty plea leads to a pretrial conference with the prosecutor, which is where most Wyandot misdemeanors are settled.
Penalties under Ohio law
- First-degree misdemeanor: up to 180 days in jail and a $1,000 fine. Petty theft (property under $1,000) and assault are first-degree misdemeanors.
- Second-degree: up to 90 days and $750. Third-degree: up to 60 days and $500.
- Fourth-degree: up to 30 days and $250. Criminal trespass is usually a fourth-degree offense; aggravated trespass is a first-degree misdemeanor.
- Minor misdemeanor: no jail at all, only a fine capped at $150.
A first OVI in Wyandot County
In Wyandot County, as elsewhere in Ohio, a first OVI is a first-degree misdemeanor. The minimum sentence is three consecutive days in jail or completion of a 72-hour driver intervention program, rising to six days when the test result was .17 or higher or the driver refused testing under certain circumstances. The fine ranges from $375 to $1,075. A driver who fails or refuses a test receives an administrative license suspension at the time of arrest, and on conviction the court imposes a suspension of one to three years, with limited driving privileges usually available. In some cases a judge can grant unlimited privileges with an ignition interlock. Treatment or an alcohol assessment is a common condition.
Lawyers, outcomes and timing
Anyone who cannot afford a lawyer should ask for one at arraignment. The court has the defendant fill out a financial affidavit, and if the person qualifies, counsel is appointed at county expense; a small application fee, capped by state law, may be charged. A jury trial in a misdemeanor case must be requested in writing, and the jury has eight members who must agree unanimously. A first- or second-degree misdemeanor must generally be tried within 90 days of arrest, and a third- or fourth-degree misdemeanor within 45 days, though continuances requested by the defense extend those deadlines.
Results range from dismissal, diversion or intervention in lieu of conviction to fines, community control supervised by the court's probation staff, or local jail time. Most Wyandot misdemeanor cases wrap up within one to four months. A person convicted of an eligible offense may later ask the court to seal the record.
3. Felony (for example, burglary, felony theft, drug trafficking, felonious assault)
Felony arrests in Wyandot County usually come from the Sheriff's Office, the Upper Sandusky or Carey police, or regional drug investigations. The person is booked into the county jail on East Wyandot Avenue and appears before the Upper Sandusky Municipal Court judge, typically on the next business day.
How a felony moves through the courts
- Initial appearance in municipal court. The judge reviews the complaint, sets bond and conditions, and appoints a lawyer for a defendant who qualifies.
- Preliminary hearing. Unless the defendant waives it or the grand jury indicts first, a hearing must be held within 10 consecutive days of the initial appearance for someone in jail, or 15 days for someone released. The judge decides only whether there is probable cause to send the case on.
- Grand jury. The Wyandot County Prosecuting Attorney presents the case to a grand jury, which meets in secret and votes on an indictment. A defendant may instead waive indictment and proceed on a bill of information, often as part of a plea agreement.
- Arraignment in Common Pleas. After indictment, the defendant appears in the Common Pleas Court, enters a plea and receives a schedule.
- Discovery and pretrials. The defense receives police reports and other evidence, and the lawyers meet for pretrial conferences; most cases end in a negotiated plea at this stage.
- Trial or plea. A felony jury has 12 members, and its verdict must be unanimous. A defendant may also ask for a trial before the judge alone.
- Sentencing. The court usually orders a presentence investigation before imposing a sentence.
Ohio's speedy-trial statute requires a felony trial within 270 days of arrest, and each day a defendant sits in jail on that charge alone counts as three days, so a jailed defendant's deadline arrives in about 90 days. Delays the defense requests pause that clock.
Sentencing ranges
- Fifth-degree felony (for example, theft of $1,000 to $7,500): 6 to 12 months. Community control is presumed for many first-time, nonviolent fourth- and fifth-degree offenders.
- Fourth-degree felony (for example, theft of $7,500 to $150,000): 6 to 18 months.
- Third-degree felony: 9 to 36 months, or 12 to 60 months for certain offenses. Burglary of a structure where no one is likely to be present is commonly charged at this level.
- Second-degree felony: a minimum of 2 to 8 years. Felonious assault, and burglary of an occupied home where someone is likely present, are second-degree felonies.
- First-degree felony: a minimum of 3 to 11 years.
For first- and second-degree felonies committed on or after March 22, 2019, the Reagan Tokes Law requires an indefinite sentence: the judge picks a minimum term, and the maximum is that minimum plus up to half again. Drug trafficking ranges from a fifth-degree to a first-degree felony depending on the drug, the amount and where the sale took place. When a gun was involved, prosecutors in Upper Sandusky may add a firearm specification, which carries its own mandatory prison term that must be served first. Defendants whose offense was driven by drug or alcohol dependence may qualify for intervention in lieu of conviction, under which a successfully completed treatment plan leads to dismissal.
Defense counsel and timing
Wyandot County provides appointed counsel to defendants who qualify financially; raise the request at the first appearance or call the Clerk of Courts at (419) 294-1432. Typical felony cases in Common Pleas take four months to a year from arrest to sentencing.
4. Violent felony (for example, murder, rape, aggravated robbery)
The most serious violent cases are uncommon in Wyandot County, and when one occurs the investigation often involves the Sheriff's detectives and the state's Bureau of Criminal Investigation. The procedure follows the same path as other felonies, with an initial appearance in the Upper Sandusky Municipal Court, a grand jury indictment and proceedings in the Common Pleas Court, but each step tends to take longer.
Bond
Judges set high bonds in violent cases, and under the amended bail provisions of the Ohio Constitution the court must consider public safety and the person's record along with the nature of the offense. In limited situations the prosecutor may ask the court to deny bail outright after a hearing, so a defendant charged with a grave offense may remain in the county jail throughout the case.
Penalties
- Aggravated murder: a Wyandot jury and judge choose among the death penalty, life without parole, or life with the first parole chance after 20, 25 or 30 years. Ohio still has a death penalty, but no execution has been carried out since 2018.
- Murder: 15 years to life.
- Rape: a first-degree felony with an indefinite term under the Reagan Tokes Law; a life sentence is possible when the victim was under 13 and force or other aggravating facts are proven.
- Aggravated robbery: a first-degree felony, often paired with a firearm specification that adds mandatory prison time.
Victims' rights and timeline
Marsy's Law, adopted in Ohio in 2017, gives crime victims constitutional rights to notice of proceedings, to be present and to be heard at bond, plea and sentencing hearings. The prosecutor's victim services staff explain those rights to families. Expect a violent felony to take a year or two, sometimes longer, as the parties exchange forensic evidence, obtain expert reports and litigate motions.
5. Juveniles (under 18) arrested in Wyandot County
Wyandot County's juvenile cases are heard by the Juvenile Division of the combined Wyandot County Court of Common Pleas at the courthouse, 109 South Sandusky Avenue in Upper Sandusky. The same judge who handles felonies also oversees probate and juvenile matters, which is common in Ohio's smaller counties. Delinquency complaints are filed by the Wyandot County Prosecuting Attorney or by a police officer, and the court's intake staff decide early whether a case can be handled unofficially.
Intake and diversion
Many first-time and low-level cases, such as minor theft, vandalism or school fights, are diverted. The youth and a parent meet with court staff, agree to conditions such as community service, restitution or counseling, and the complaint is closed without a formal finding once the conditions are met. More serious charges are filed as official delinquency cases.
Detention
A child taken into custody is usually released to a parent. When release is not safe, the youth is held in a secure juvenile detention center; Wyandot County does not operate its own, so it typically places youths in a regional or neighboring county's center under contract. A detention hearing must be held promptly, generally within 72 hours or by the next court day, and the judge or magistrate decides whether the youth stays detained or goes home on conditions.
Possible outcomes
A youth found delinquent may receive probation, community service, counseling, electronic monitoring, a residential placement or, for felony-level offenses, commitment to the Ohio Department of Youth Services (DYS). DYS commitments are generally for an indefinite period that can last until age 21.
Adult court and blended sentences
Ohio law requires transfer, called bindover, to the adult Common Pleas Court for some 16- and 17-year-olds charged with the most serious offenses, such as murder, and in certain cases for 14- and 15-year-olds. For other youths 14 and older, the prosecutor can ask for discretionary bindover, and the judge holds an amenability hearing to decide whether the juvenile system can rehabilitate the child. A third path is a Serious Youthful Offender case, in which a juvenile sentence is imposed and an adult sentence is held in reserve if the youth fails to comply.
Juvenile records are generally confidential, and many can be sealed or expunged after the case closes. Families can ask the court or defense counsel about eligibility.
6. Federal cases (U.S. District Court) from Wyandot County
Wyandot County is one of the 21 counties in the Western Division of the U.S. District Court for the Northern District of Ohio, and its federal criminal cases are generally heard in Toledo. A Wyandot arrest becomes a federal case when it involves a federal crime, such as large-scale drug distribution across state lines, a felon in possession of a firearm, child exploitation online, bank robbery or fraud against a federal program, and federal prosecutors decide to bring charges. Agencies such as the FBI, DEA, ATF or Homeland Security Investigations often work these cases with local officers.
Who is involved
- U.S. District Court, Toledo (James M. Ashley and Thomas W.L. Ashley U.S. Courthouse) — 1716 Spielbusch Avenue, Toledo, OH 43604, clerk (419) 213-5500
- U.S. Attorney's Office, Northern District of Ohio — main office at 801 West Superior Avenue, Suite 400, Cleveland, OH 44113, (216) 622-3600; a branch office in Toledo handles Western Division cases
- Federal Public Defender, Northern District of Ohio — offices in Cleveland, Akron, Youngstown and Toledo; the Toledo office or a private attorney from the court's appointment panel represents eligible defendants
- U.S. Marshals Service, Toledo office — Suite 313A of the Ashley courthouse, 1716 Spielbusch Avenue, Toledo, OH 43604, (419) 376-3094
The federal process, start to finish
Someone arrested on a federal complaint or warrant first appears before a U.S. magistrate judge in Toledo. If the government asks to keep the defendant in custody, a detention hearing is normally held within three court days. Under the Bail Reform Act, the magistrate either releases the person on conditions monitored by U.S. Pretrial Services or orders detention; there is no commercial bail bond system in federal court. When a case starts by complaint, a grand jury must indict within 30 days, and the Speedy Trial Act then calls for trial within 70 days, though judges routinely exclude time for motions and complex discovery.
Most federal defendants plead guilty, often under a written plea agreement. If a case goes to trial, 12 jurors must reach a unanimous verdict. Before sentencing, a U.S. Probation officer prepares a presentence report that calculates the advisory Sentencing Guidelines range, and the judge must also apply any mandatory minimum sentence, which is common in drug and firearm cases. There is no parole in the federal system: prisoners serve roughly 85 percent of their sentence with good-conduct credit, in a Bureau of Prisons facility, followed by a term of supervised release. Appeals go to the U.S. Court of Appeals for the Sixth Circuit in Cincinnati.
Custody and juveniles
Federal detainees are in the custody of the U.S. Marshals, who place them in contract jails rather than a federal pretrial center. The Corrections Center of Northwest Ohio in Stryker is one regional jail that holds Marshals Service detainees under contract; worried relatives in Wyandot County should search the Federal Bureau of Prisons inmate locator for an Upper Sandusky resident with a name or register number. Wyandot County prisoners kept before trial in a county contract jail may be listed on the jail's register. Prosecuting anyone under 18 in federal court is rare.
This guide gives a general picture of how criminal cases proceed in Wyandot County and is not legal advice; schedules, bond practices and court addresses can change. If you or a family member has been charged, speak with a defense lawyer or ask the court for appointed counsel through the Wyandot County Clerk of Courts at (419) 294-1432, and confirm hearing dates with the Upper Sandusky Municipal Court at (419) 294-3809.
Criminal Court Process for Wyandot County Ohio
Wyandot 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 Wyandot 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, Wyandot 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 Wyandot 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 Wyandot 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, Wyandot County or a city or town. The prosecuting attorney for Wyandot 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 Wyandot 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 Wyandot 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 Wyandot 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 Wyandot 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 Wyandot 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 Wyandot 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.
