Scioto County Criminal Court hears all criminal cases in Scioto County. Below you will find specific information about criminal cases and how they are handled in Scioto County.
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.
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.
In a jury trial in Scioto 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.
I need help for my Scioto 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 Scioto 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 Scioto 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.
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 an attorney
The US Constitution’s Sixth Amendment ensures the right to an attorney regardless of whether or not you can afford one. In Scioto County a public defender will be appointed by the judge if you cannot afford private representation.
Who is the prosecutor for Scioto County?
Depending upon the case, the prosecutor for Scioto County criminal cases will either be a representative of Scioto 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.
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.
Scioto County Required Court Appearances
In Scioto 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.
Scioto County Arraignments
An arraignment is a court hearing. In Scioto County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Scioto 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 Scioto 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.
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.
Where will Scioto County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Scioto County. See here for the location of the criminal courts in Scioto County.
Scioto County Criminal Court Locations
Scioto County Court of Common Pleas
Address: 602 7th St #205, Portsmouth OH 45662
Phone: 740-355-8218 Fax: 740-354-2057
Scioto County Court of Common Pleas – Domestic Relations Division
Address: 602 7th St, Portsmouth OH 45662
Phone: 740-355-8316 (Judge) Phone: 740-353-1646 (Magistrate) Fax: 740-355-8205
Portsmouth Municipal Court
Address: 728 2nd St, Portsmouth OH 45662
Phone: 740-354-3283 Fax: 740-353-6645
New Boston Mayor’s Court
Address: 3980 Rhodes Ave, New Boston OH 45662
Phone: 740-456-4103 Fax: 740-456-6473