Montgomery County Criminal Court handles all criminal cases that are filed in Montgomery County. See below for more information about criminal cases in Montgomery County.
Who can help me in Montgomery County?
For general information about your case the Montgomery 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.
Defendant Sentencing
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.
Montgomery County Criminal Court
Montgomery County Criminal Court locations
Criminal proceedings take place in the Montgomery County Criminal Courts. A list of the criminal courts are located here.
Montgomery County Required Court Appearances
In Montgomery County, there are both required and non-required court appearances for the defendant. At a required or mandatory appearance hearing, the defendant is required to appear in person before the court. Failing to appear at your required hearing may result in a bench warrant being issued for your arrest by the judge.
What is Jury Deliberation?
After both the prosecution and defense have presented their cases, the judge in the case will provide instructions to the jury about what they must decide. The jury will be dismissed to the jury room where they will deliberate about the guilt or innocence of the defendant. After reaching a unaminous decision, they return their decision to the court where it is read aloud in the courtroom. If the jury is unable to reach a unaminous decision, the jury is deadlocked, also known as a hung jury, in which a mistrial will be declared.
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.
Prosecutor in Montgomery County
In Montgomery County, the prosecutor is an attorney representing Montgomery County. In some cases, the prosecutor may actually represent Ohio. For the most part, the prosecutor in Montgomery County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
What happens in Montgomery County at an arraignment?
In Montgomery 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.
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 Montgomery County a public defender will be appointed by the judge if you cannot afford private representation.
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.
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.
Montgomery County Criminal Court Locations
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Montgomery County Court of Common Pleas – Domestic Relations Division
Address: 41 N Perry St, Dayton OH 45422
Phone: 937-225-4562 Fax: 937-496-7581 -
Montgomery County Court of Common Pleas – General Division
Address: 41 N Perry St, Dayton OH 45422
Phone: 937-225-4512 (Civil) Fax: 937-496-7220 -
Montgomery County Court of Common Pleas – Juvenile Division
Address: 380 W Second St, Dayton OH 45422
Phone: 937-224-8047 -
Montgomery County Court of Common Pleas – Juvenile Division
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Montgomery County Court of Common Pleas – Probate Court
Address: 41 N Perry St, Dayton OH 45422
Phone: 937-225-4640 Fax: 937-496-3181 -
Dayton Municipal Court
Address: 301 W Third St, PO Box 10700, Dayton OH 45402
Phone: 937-333-4300 -
Kettering Municipal Court
Address: 2325 Wilmington Pike, Kettering OH 45420
Phone: 937-296-2461 Fax: 937-534-7017 -
Miamisburg Municipal Court
Address: Phone: 937-866-2203, x6661 Fax: 937-866-0135
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Montgomery County Municipal Court Eastern Division
Address: 6111 Taylorsville Rd, Huber Heights OH 45424
Phone: 937-496-7231 (Criminal/Traffic) Fax: 937-496-7236 -
Montgomery County Municipal Court Western Division
Address: 195 S Clayton Rd, New Lebanon OH 45345
Phone: 937-687-9099 (Criminal/Traffic) Fax: 937-687-7119 -
Oakwood Municipal Court
Address: 30 Park Ave, Dayton OH 45419
Phone: 937-293-3058 Fax: 937-297-2939 -
Vandalia Municipal Court
Address: 245 James E. Bohanan Memorial Dr, PO Box 429, Vandalia OH 45377
Phone: 937-898-3996 Fax: 937-898-6648 -
Moraine Mayor’s Court
Address: 4200 Dryden Rd, Moraine OH 45439
Phone: 937-535-1010 Fax: 937-535-1289 -
Phillispburg Mayor’s Court
Address: 10868 Brookville-Phillipsburg Rd, PO Box 172, Phillipsburg OH 45354
Phone: 937-884-5594 Fax: 937-884-5722 -
West Carrollton Mayor’s Court
Address: 300 E Central Ave, West Carrollton OH 45449
Phone: 937-859-8289 Fax: 937-859-3366