Highland County Criminal Court hears all criminal cases in Highland County. Below you will find specific information about criminal cases and how they are handled in Highland 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.
Arraignments in Highland County
During an arraignment in Highland 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 Highland 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 Highland County the defendant may be sentenced at that time or the sentencing may take place at a later date.
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.
Mandatory Appearances in Highland County Criminal Court
At a mandatory or required court appearance in Highland 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.
Sentencing in Highland County
In Highland 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.
Highland County Criminal Court hearings
Criminal hearings in Highland County will take place at the Highland County Criminal Courts. Please see here for a list of the Highland County Criminal Court Locations.
Can I request a Plea Agreement?
In Highland 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.
Who is the prosecutor for Highland County?
Depending upon the case, the prosecutor for Highland County criminal cases will either be a representative of Highland County or a representative from Ohio. After reviewing evidence it is the prosecutor’s decision whether to file charges or drop a case. Most prosecutors have the ability to negotiate plea bargains, and determine how the case will be prosecuted.
I need help for my Highland County criminal case
The best place to get information about your criminal case is from an attorney. If you cannot afford an attorney, the court will appoint one to represent you which will assist in your case. For general information about your case the Highland County court clerk is able to provide general information about your specific case (e.g. date/time hearings, mandatory appearance, what will take place and what you will be required to do). The court clerk for Highland County will NOT be able to provide legal advice for your case, only an attorney can provide legal advice. The court clerk can provide legal information (like the information found on this website) about your case but cannot provide advice about what you should do in your legal manner.
Jury Deliberations in Highland County
In Highland 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.
What if I can’t afford an attorney?
The 6th Amendment guarantees you the right to an attorney whether or not you can afford one. If you cannot afford one, a public defender will be appointed by the court to represent you.
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.
Highland County Criminal Court Locations
Highland County Court of Common Pleas – General and Domestic Relations Divisions
Address: 105 N High St, PO Box 821, Hillsboro OH 45133
Phone: 937-393-9957 Fax: 937-393-9878
Highland County Court of Common Pleas – Probate & Juvenile Court
Address: 114 Governor Foraker Place, Hillsboro OH 54133
Highland County Court
Address: 300 Jefferson St, PO Drawer 378, Greenfield OH 45123
Phone: 937-981-2139 Fax: 937-981-2130
Hillsboro Municipal Court
Address: 130 Homestead Ave, Hillsboro OH 45133
Phone: 937-393-3022: Fax: 937-393-0517
Lynchburg Mayor’s Court
Address: 155 S Main St, Lynchburg OH 45142
Phone: 937-364-2241 Fax: 937-364-6431
Mowrystown Mayor’s Court
Address: 50 Maple St, Mowrystown OH 45155
Phone: 937-442-3815 Fax: 937-442-1170