Fulton County Criminal Court hears all criminal cases in Fulton County. Below you will find specific information about criminal cases and how they are handled in Fulton County.
Where can I get help for my Fulton County criminal case?
The 6th amendment of the United States Constitution provides a criminal defendant with the right to an attorney. As read in the miranda rights, this means that if a defendant cannot afford to hire a private attorney a legal attorney will be appointed to the defendant to represent him at no cost to the defendant. This is often a public defender. In addition, the court clerk for Fulton County will also be able to provide general information about a specific criminal case. The clerk can only provide information and is not an attorney so they cannot provide legal advice, only a licensed attorney can provide legal advice about what the best options for are for your particular case.
If guilty, who sentences the defendant?
If the defendant is found guilty after the trial, the defendent will be sentenced. In some cases, this can occur at the same hearing the defendant is found guilty in court, in other cases a separate hearing will be required. Often the prosecution will request a particular sentence for the defendant and the judge will determine whether to enforce this sentence or impose a different sentence for the defendant.
Fulton County Criminal Court
Fulton County Criminal Court hearings
Criminal hearings in Fulton County will take place at the Fulton County Criminal Courts. Please see here for a list of the Fulton County Criminal Court Locations.
Jury Deliberation
In a jury trial in Fulton County, after both the prosecution and defense have rested, the judge will give instructions to the jury and jury deliberations will begin. The jury will convence in a private room to discuss and deliberate the innocence or guilt of the defendant. Once the jury arrives at a unimanous decision, they will inform the judge that they have reached a decision. They will return to the court and the verdict will be read aloud. If the jury cannot reach a unaminous decision, the jury is said to be deadlocked and a mistrial will be declared in the case.
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 Fulton County a public defender will be appointed by the judge if you cannot afford private representation.
Arraignments in Fulton County
During an arraignment in Fulton County, a defendant appears before the court and the judge reads the charges that have been filed against the accused and also informs the defendant of his/her rights. During the arraignment in Fulton County, the defendant can choose to plead one of the following 1) Guilty 2) Not Guilty or 3) No Contest. If the defendant enters a plea of Not Guilty, a date for trial is set. In the event of a Guilty or No Contest Plea in Fulton County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Prosecutor in Fulton County
In Fulton County, the prosecutor is an attorney representing Fulton County. In some cases, the prosecutor may actually represent Ohio. For the most part, the prosecutor in Fulton County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Can I request a Plea Agreement?
In Fulton 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.
Mandatory Appearances in Fulton County Criminal Court
At a mandatory or required court appearance in Fulton 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.
The Right to Trial by Jury
The Sixth Amendment of the United States Constitution guarantees the right to a trial by a jury. This is applicable for when the crime can carry a sentence of 6 months in jail OR a $500 fine, these are known as “Serious Crimes”. The defendant can also waive their right to a speedy and public trial.
Burden of Proof Requirement
In a criminal case in the United States, the burden of proof always requires the prosecutor to prove beyond a reasonable doubt that the defendant is guilty. This is a high threshold that must be met by the prosecution when presenting evidence in a case. If the prosecution fails in it’s burden to prove guilt beyond a reasonable doubt the judge must find the defendant not guilty. In a jury trial, the judge will inform the jury what this burden is and their obligation to find the defendant not guilty if they feel the prosecution did prove the defendant’s guilt beyond a reasonable doubt.
Appealing a Criminal Conviciton
A defendant may appeal a criminal conviction to an appellate court. In an appeal, the actual trial is not redone, but the appellate court hears arguments that the criminal case was not handled in a legal manner at the original criminal court. The appellate court can either uphold the conviction, or determine that errors were made and may request a retrial, a resentencing of the defendant or that the charges be dismissed.
Fulton County Criminal Court Locations
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Fulton County Court of Common Pleas
Address: 210 S Fulton St, #102, Wauseon OH 43567
Phone: 419-337-9230 Fax: 419-337-9199 -
Fulton County Court of Common Pleas – Juvenile Division
Address: 210 S Fulton St, #105, Wauseon OH 43567
Phone: 419-337-9242 Fax: 419-337-9273 -
Fulton County Court of Common Pleas – Probate Division
Address: 210 S Fulton St, #105, Wauseon OH 43567
Phone: 419-337-9242 Fax: 419-337-9273 -
Fulton County Court – Eastern District
Address: 204 S Main St, Swanton OH 43558
Phone: 419-826-5636 Fax: 419-825-3324 -
Fulton County Court – Western District
Address: 224 S Fulton St, Wauseon OH 43567
Phone: 419-337-9212 Fax: 419-337-9286