How the Ohio Criminal Process Works
Facing criminal charges is overwhelming — especially when you don't know what comes next. Attorney John P.M. Rutan explains every stage of the Ohio criminal justice process so you can make informed decisions about your defense.
Misdemeanor Cases
Handled in Municipal Court. Maximum penalty is 180 days in jail (M1). Cases typically resolve in 2–6 months.
Felony Cases
Handled in Common Pleas Court. Penalties range from 6 months (F5) to life in prison. Cases can take 6–18+ months.
The Misdemeanor Criminal Process in Ohio
Misdemeanor cases move through Municipal Court. Even though they are "less serious" than felonies, a misdemeanor conviction can mean jail time, fines, license suspension, and a permanent criminal record.
Arrest or Citation
You are either arrested and taken to jail, or issued a citation (summons) to appear in court. If arrested, you may be held until arraignment or released on bond. Call an attorney immediately — do not answer questions without counsel.
Arraignment
Your first court appearance. You are formally informed of the charges and enter a plea. Always plead Not Guilty at arraignment — this preserves all your options. The judge sets bond. Attorney Rutan can appear with you and argue for release on your own recognizance.
Pre-Trial Conference
Your attorney reviews the evidence (discovery), files motions to suppress illegally obtained evidence, and negotiates with the prosecutor. Many misdemeanor cases are resolved at this stage through dismissal or a favorable plea agreement.
Trial
If no acceptable resolution is reached, the case proceeds to trial. In Municipal Court, you can choose a bench trial (judge decides) or jury trial. Attorney Rutan is fully prepared to take your case to trial and fight for a Not Guilty verdict.
Sentencing (if convicted)
If convicted at trial or by plea, the judge imposes sentence. Attorney Rutan advocates for the minimum sentence, alternatives to incarceration (probation, community service, treatment), and conditions that protect your ability to work and support your family.
The Felony Criminal Process in Ohio
Felony cases are more complex and carry much higher stakes. They move through Common Pleas Court and involve additional stages not present in misdemeanor cases.
Arrest & Initial Appearance
After arrest, you are brought before a judge for an initial appearance, where bond is set. Call an attorney immediately. Do not speak to police or prosecutors without counsel present.
Preliminary Hearing (Municipal Court)
A preliminary hearing is held in Municipal Court to determine whether probable cause exists to bind the case over to Common Pleas Court. Your attorney can cross-examine witnesses and challenge the evidence. If probable cause is not found, the charges are dismissed.
Grand Jury Indictment
The prosecution presents evidence to a grand jury of citizens who decide whether to issue an indictment. Grand jury proceedings are secret — you are not present. If the grand jury issues an indictment, the case moves to Common Pleas Court.
Arraignment in Common Pleas Court
You are formally arraigned on the indictment and enter a plea of Not Guilty. Bond conditions may be revisited. Attorney Rutan appears with you and begins the formal discovery process.
Pre-Trial Motions & Discovery
Attorney Rutan reviews all evidence, deposes witnesses, retains expert witnesses, and files motions to suppress evidence, dismiss charges, or limit what the jury can hear. This is often the most critical phase of a felony defense.
Plea Negotiations
Most felony cases resolve through plea agreements. Attorney Rutan negotiates aggressively for reduced charges, reduced sentences, or diversion programs. No plea is accepted without your full understanding and consent.
Trial
If no acceptable resolution is reached, the case goes to trial before a jury of 12. Attorney Rutan presents your defense, cross-examines prosecution witnesses, and argues for a Not Guilty verdict.
Sentencing & Appeals
If convicted, Attorney Rutan advocates for the minimum sentence and alternatives to prison. If legal errors occurred at trial, an appeal may be available to challenge the conviction or sentence.
Your Constitutional Rights in an Ohio Criminal Case
Right to Remain Silent
You cannot be compelled to testify against yourself. Exercise this right immediately after arrest — politely tell officers you are invoking your right to remain silent and want an attorney.
Right to an Attorney
You have the right to an attorney at every critical stage of the proceedings. If you cannot afford one, the court will appoint a public defender. However, a private attorney with time to devote to your case can make a significant difference.
Right to a Jury Trial
For most criminal charges, you have the right to have your case decided by a jury of your peers. You may also waive this right and have a judge decide (bench trial) — a strategic decision your attorney will advise on.
Right to Confront Witnesses
You have the right to confront and cross-examine the witnesses against you. This is one of the most powerful tools in criminal defense — inconsistencies in witness testimony can create reasonable doubt.
Protection from Unreasonable Searches
The Fourth Amendment protects you from unreasonable searches and seizures. Evidence obtained through an illegal search can be suppressed — meaning the prosecution cannot use it against you.
Presumption of Innocence
You are presumed innocent until proven guilty beyond a reasonable doubt. The burden of proof is entirely on the prosecution — you do not have to prove your innocence.
Common Questions About the Ohio Criminal Process
What happens at an arraignment in Ohio?
At an arraignment, you appear before a judge, are formally informed of the charges against you, and enter a plea. You should always plead Not Guilty at arraignment — this preserves all your options and gives your attorney time to review the evidence. The judge also sets bond at this hearing.
What is a preliminary hearing in Ohio?
A preliminary hearing is held in felony cases to determine whether there is probable cause to believe you committed the offense. The prosecution must present evidence. Your attorney can cross-examine witnesses and challenge the evidence. If probable cause is not found, the charges are dismissed.
How long does a criminal case take in Ohio?
Misdemeanor cases in Ohio typically resolve in 2–6 months. Felony cases can take 6 months to over a year, depending on the complexity of the charges, the court's docket, and whether the case goes to trial. Cases that go to trial take longer than those resolved by plea agreement.
Should I accept a plea deal?
That depends entirely on the facts of your case, the strength of the evidence against you, and the terms of the offer. Attorney Rutan will give you an honest assessment of your options — including the realistic outcomes at trial — so you can make an informed decision. No plea is accepted without your full understanding and consent.
Don't Navigate the Ohio Criminal System Alone
Attorney Rutan is available 24/7 to answer your questions and start building your defense. The sooner you call, the more options you have.