Holmes County Criminal Court handles all criminal cases that are filed in Holmes County. See below for more information about criminal cases in Holmes County.
At a sentence hearing the judge will inform the defendant of the sentence that will be imposed. This sometimes occurs at the same hearing in which the defendant is found guilty (either by trial or plea agreement). In can also occur at a later date, most often this is due to the complexity of the case where more time is needed to determine the appropriate sentence.
Who is the prosecutor for Holmes County?
Depending upon the case, the prosecutor for Holmes County criminal cases will either be a representative of Holmes 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.
Who can help me in Holmes County?
For general information about your case the Holmes 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.
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.
Holmes County Criminal Court locations
Criminal proceedings take place in the Holmes County Criminal Courts. A list of the criminal courts are located here.
What is a Plea Agreement?
A plea agreement is a deal made between the prosecution and the defendant in a case, where the defendant agrees to plea guilty to a particular charge in exchange for some concession from the prosecutor. In practice, more than 90% of criminal cases end with a plea agreement.
The Right to Counsel
The Fifth and Sixth Amendments to the U.s. Constitution give defendants in criminal cases the right to counsel/attorney. If you cannot afford an attorney one will be appointed to represent you. Like other rights a defendant has, this one can be waived as well and alternatively you can choose to represent yourself.
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.
Holmes County Arraignments
An arraignment is a court hearing. In Holmes County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Holmes County Criminal Court and the judge will read the charges that were filed against the defendant. The judge will also read the rights the defendant has and ask the defendant if they understand both the charges filed against them and their rights as a defendant in the case. In Holmes County a plea of Guilty, Not Guilty or No Contest may be entered. In a guilty or no contest plea the sentencing of the defendant may take place at the same arraignment hearing or a later date may be scheduled for sentencing. For a not guilty plea, a date will be set for a trial.
Jury Deliberations in Holmes County
In Holmes 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.
Required Court Appearances in Holmes County
Any required court appearances in Holmes County Criminal Court must be attended by the defendant. Failure to appear in court at your required date and time may result in the judge issuing an arrest warrant.
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.
Holmes County Criminal Court Locations
Holmes County Court of Common Pleas – General and Domestic Relations Divisions
Address: 1 E Jackson St, Millersburg OH 44654
Phone: 330-674-1876 Fax: 330-674-0289
Holmes County Court of Common Pleas – Juvenile Division
Address: 1 E Jackson St, #201, Millersburg OH 44654
Phone: 330-674-5841 Fax: 330-674-5820
Holmes County Court of Common Pleas – Probate Division
Address: 1 E Jackson St, #203, Millersburg OH 44654
Phone: 330-674-5881 Fax: 330-674-5802
Holmes County Municipal Court
Address: 1 E Jackson St, Millersburg OH 44654
Phone: 330-674-0472 (Civil) Fax: 330-674-2127