Stark County Criminal Court handles all criminal cases that are filed in Stark County. See below for more information about criminal cases in Stark County.
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 Stark County a public defender will be appointed by the judge if you cannot afford private representation.
Stark County Criminal Court hearings
Criminal hearings in Stark County will take place at the Stark County Criminal Courts. Please see here for a list of the Stark County Criminal Court Locations.
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.
Stark County Required Court Appearances
In Stark 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.
Stark County Prosecutor
For criminal cases in Stark County, the prosecutor will be a representative of Stark County. The Stark County prosecutor reviews all evidence and ultimately decides whether to file or dismiss charges in the case. Most of the time, the prosecutor has leeway in plea negotiations and determines how the case will be prosecuted.
Where can I get help for my Stark County criminal case?
The 6th amendment of the United States Constitution provides a criminal defendant with the right to an attorney. As read in the miranda rights, this means that if a defendant cannot afford to hire a private attorney a legal attorney will be appointed to the defendant to represent him at no cost to the defendant. This is often a public defender. In addition, the court clerk for Stark County will also be able to provide general information about a specific criminal case. The clerk can only provide information and is not an attorney so they cannot provide legal advice, only a licensed attorney can provide legal advice about what the best options for are for your particular case.
Appealing a guilty verdict
A defendant may appeal a guilty verdict to an appellate court. This is not a request to have another trial, but a request for an appellate court to review the case and determine that it was handled in a correct legal manner. There are a number of outcomes in an appeal including an upholding of the conviction, a finding that errors were made resulting in a retrial or resentencing or possibly a complete disimissal of all charges.
In a jury trial in Stark 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.
What happens in Stark County at an arraignment?
In Stark 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.
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.
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 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.
Stark County Criminal Court Locations
Stark County Court of Common Pleas – General Division
Address: 115 Central Plaza N, #101, Canton OH 44702
Phone: 330-451-7801 Fax: 330-451-7066
Stark County Family Court
Address: 110 Central Plaza S, #690, Canton OH 44702
Stark County Probate Court
Address: 110 Central Plaza S, #501, Canton OH 44702
Alliance Municipal Court
Address: 470 E Market St, Alliance OH 44601
Phone: 330-823-6600 Fax: 330-829-2231
Canton Municipal Court
Address: 218 Cleveland Ave SW, PO Box 24218, Canton OH 44701
Phone: 330-489-3203 (Civil) Fax: 330-489-3075
Massillon Municipal Court
Address: 2 James Duncan Plaza, PO Box 1040, Massillon OH 44648
Phone: 330-830-1730 Fax: 330-830-3648
East Canton Mayor’s Court
Address: 130 S Cedar St, East Canton OH 44730
Phone: 330-488-0220 Fax: 330-488-1300
Hartville Mayor’s Court
Address: 202 W Maple, Hartville OH 44632
Phone: 330-877-9222 Fax: 330-877-9778
Louisville Mayor’s Court
Address: 215 S Mill St, Louisville OH 44641
Phone: 330-875-2871 Fax: 330-875-1820
Minerva Mayor’s Court
Address: 209 N Market St, Minerva OH 44657
North Canton Mayor’s Court
Address: 145 N Main St, North Canton OH
Waynesburg Mayor’s Court
Address: 141 Spring Valley Ln, PO Box 764, Waynesburg OH 44688