Ashtabula County Criminal Court handles all criminal cases that are filed in Ashtabula County. See below for more information about criminal cases in Ashtabula County.
What is the Burden of Proof?
The term “Burden of Proof” means that the prosecutor is required to prove the guilt of the defendant beyond a reasonable doubt. If the prosecutor cannot provide proof of the defendants guilt, then the judge or jury in a trial must find the defendant not guilty. In the United States the principle innocent until proven guilty derives from this that the defendant is assumed innocent and the prosecution has the burden of proving beyond a reasonable doubt that the defendant is guilty.
Right to Jury Trial
For “Serious Crimes”, those that can have a potential penalty of 6 months in jail OR a minimum $500 penalty, the US Constitution guarantees a right to trial by jury. This is guaranteed by Article III of the Constitution and the 6th Amendment. The accused has the ability to waive their right to trial by jury.
Ashtabula County Criminal Court
Right to an attorney
The US Constitution’s Sixth Amendment ensures the right to an attorney regardless of whether or not you can afford one. In Ashtabula County a public defender will be appointed by the judge if you cannot afford private representation.
Jury Deliberations in Ashtabula County
In Ashtabula County, jury deliberations will take place in a jury trial after the prosecution and defense have presented their cases and rested. At this point, the judge will provide a list of instructions to the jury about what they are allowed and not allowed to do and what verdict options are available for them to decide. The jury will be sent to a private room to discuss the evidence presented in the case and attempt to reach a unaminous decision. When a unaminous decision is reached, the jury will inform the judge that they have reached a verdict and will return to the courtroom for the verdict to be read allowed. In the event that the jury cannot reach a unanimous verdict, the jury results in a deadlock and a mistrial is declared.
Prosecutor in Ashtabula County
In Ashtabula County, the prosecutor is an attorney representing Ashtabula County. In some cases, the prosecutor may actually represent Ohio. For the most part, the prosecutor in Ashtabula County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Sentencing in Ashtabula County
In Ashtabula County if the defendant is found guilty (by trial or plea), the defendant will be sentenced. This sometimes occurrs immediately after being found guilty, but can also take place at a later date. In most instances, a judge will impose the sentence that is requested by the prosecution, but they also have the descretion to impose a different sentence.
Can I request a Plea Agreement?
In Ashtabula County you may be able to enter into a plea agreement depending upon the severity of the charges. It is also dependant upon the prosecution willing to accept a plea agreement. You can ask your attorney to attempt to negotiate a plea agreement with the prosecution to avoid having a jury trial along with the potential for a more serious sentence. Approximately 9 out of 10 criminal cases usually end in a plea agreement.
Ashtabula County Criminal Court locations
Criminal proceedings take place in the Ashtabula County Criminal Courts. A list of the criminal courts are located here.
Can I appeal a guilty verdict?
If found guilty, a defendant may decide to appeal his case to an appelate court. The appellate court will not retry the case, they will examine the proceedings in the lower court to make sure they were done in a legal manner. The appellate court can either uphold the original conviction, or determine that due to errors made in the original trial, that there must be a retrial, resentencing or a complete dismissal of the charges.
Who can help me in Ashtabula County?
For general information about your case the Ashtabula County court clerk will be able to provide legal information about your specific criminal case. Legal information is not legal advice though, the court clerk will only be able to provide information about your case, like date/time of hearings what will occur at the hearing and what you may be required to do in the hearing. They cannot provide advice about what you should do or what the best legal options may be for your particular case. Only an attorney can provide legal advice and this is your best place for information about your specific criminal proceeding. If you cannot afford to hire a private attorney to represent you, a judge will appoint an attorney to represent you, this is most often a public defender.
What happens in Ashtabula County at an arraignment?
In Ashtabula County the defendant is brought into court and informed by the judge of the charges that have been filed against them along with informing them of their rights. At this time, the defendant can plead guilty, not guilty or no contest. If the defendant pleads guilty or no contest, there will be no trial and the defendant may be sentenced immediately or at a later date. If the defendant pleads not guilty a trial date is set.
Mandatory Appearances in Ashtabula County Criminal Court
At a mandatory or required court appearance in Ashtabula County, the defendant must appear before the court. In the event of a “Failure to Appear” the judge may issue a warrant for the arrest of the defendant. Note: not all criminal hearings are mandatory, in a non-mandatory hearing an attorney may appear on your behalf without you being in court.
Ashtabula County Criminal Court Locations
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Ashtabula County Court of Common Pleas
Address: 25 W Jefferson St, Jefferson OH 44047
Phone: 440-576-3637 Fax: 440-576-2819 -
Ashtabula County Court of Common Pleas – Juvenile Division
Address: 3816 Donahoe Dr, Ashtabula OH 44004
Phone: 440-994-6000 Fax: 440-994-6020 -
Ashtabula County Court of Common Pleas – Probate Division
Address: 25 W Jefferson St, Jefferson OH 44047
Phone: 440-576-3451 Fax: 440-576-3633 -
Ashtabula County Eastern County Court
Address: 25 W Jefferson St, Jefferson OH 44047
Phone: 440-576-3617 Fax: 440-576-3441 -
Ashtabula County Western County Court
Address: 117 W Main St, Geneva OH 44041
Phone: 440-466-1184 Fax: 440-466-7171 -
Ashtabula Municipal Court
Address: 110 W 44th St, #4, Ashtabula OH 44004
Phone: 440-992-7110 (Civil) Phone: 440-992-7112 (Traffic/Criminal) Fax: 440-998-5786 -
Conneaut Municipal Court
Address: 290 Main St, Conneaut OH 44030
Phone: 440-593-7410 Fax: 440-593-6402 -
Andover Mayor’s Court
Address: 134 Maple Ave, PO Box 1267, Andover OH 44003
Phone: 440-293-4747 Fax 440-293-4878 -
Geneva-on-the-Lake Mayor’s Court
Address: 4929 S Warner Dr, Geneva-on-the-Lake OH 44041
Phone: 440-466-8197 Fax: 440-766-8911 -
North Kingsville Mayor’s Court
Address: 3541 E Center St, PO Box 253, North Kingsville OH 44068
Phone: 440-224-0091 Fax: 440-224-0331