Perry County Criminal Court hears all criminal cases in Perry County. Below you will find specific information about criminal cases and how they are handled in Perry County.
Burden of Proof
The burden of proof is always on the prosecution in a criminal trial. In other words, the prosecution has to prove beyond a reasonable doubt that the defendant committed the crime. The defense must only prove that there is a reasonable possibility that the defendant did NOT commit the crime. If the prosecution cannot prove that the defendant committed the crime beyond a reasonable doubt, the jury will be instructed to find the defendant not-guilty.
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.
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.
Who can help me in Perry County?
For general information about your case the Perry 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.
Jury Deliberations in Perry County
In Perry 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.
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.
Perry County Criminal Court hearings
Criminal hearings in Perry County will take place at the Perry County Criminal Courts. Please see here for a list of the Perry County Criminal Court Locations.
Prosecutor in Perry County
In Perry County, the prosecutor is an attorney representing Perry County. In some cases, the prosecutor may actually represent Ohio. For the most part, the prosecutor in Perry County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Required Court Appearances in Perry County
Any required court appearances in Perry 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 happens in Perry County at an arraignment?
In Perry 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.
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.
Perry County Criminal Court Locations
Perry County Court of Common Pleas – General Division
Address: 105 N Main St, PO Box 67, New Lexington OH 43764
Phone: 740-342-1022 Fax: 740-342-5527
Perry County Court of Common Pleas – Probate and Juvenile Division
Address: 105 N Main St, PO Box 167, New Lexington OH 43764
Phone: 740-342-1118 Fax: 740-342-5524
Perry County Court
Address: 105 N Main St, PO Box 207, New Lexington OH 43764
Phone: 740-342-3156 Fax: 740-342-2188
Corning Mayor’s Court
Address: 115 S Corning Ave, Corning OH 43730
Phone: 740-347-4476 Fax: 740-347-4387
Crooksville Mayor’s Court
Address: 98 S Buckeye St, Crooksville OH 43731
Phone: 740-982-2666 Fax: 740-982-2945
Junction City Mayor’s Court
Address: 111 W Front St, PO Box 105, Junction City OH 43748
New Straitsville Mayor’s Court
Address: 114 W Main St, PO Box 238, New Straitsville OH 43766
Shawnee Mayor’s Court
Address: 101 W Walnut St, PO Box 15, Shawnee OH 43782
Thornville Mayor’s Court
Address: 1 S Main St, PO Box 607, Thornville OH 43076