If you or a loved one has been arrested in Columbus, one of the first questions is usually, "What happens now?" The answer depends on whether the charge is a misdemeanor or a felony. This article gives a general overview of how criminal cases move through Franklin County.
To learn about representation for felonies, misdemeanors, OVIs, and more, see our criminal defense services.
Two main courts
Franklin County Municipal Court handles misdemeanors, traffic offenses, and the early stages of many felony cases.
Franklin County Court of Common Pleas handles felony cases once they are formally charged.
Cases in Newark and the rest of Licking County follow a similar structure through the Licking County Municipal Court and the Licking County Court of Common Pleas.
Step 1: Arrest and booking
After an arrest, a person is typically booked, fingerprinted, and photographed. Some people are released with a court date, while others are held until a first appearance.
Step 2: First appearance and bond
At the first appearance, the court addresses the charges and sets bond. Bond conditions may include a payment, monitoring, or restrictions such as no contact orders.
Step 3: For felonies, indictment
Most felony cases are presented to a grand jury. If the grand jury returns an indictment, the case moves to the Court of Common Pleas, where the person is arraigned on the indictment. A preliminary hearing may also be scheduled in some cases.
Step 4: Discovery
The defense receives the evidence the prosecution plans to use, such as police reports, videos, lab results, and witness statements. This stage is where many important defense issues are identified.
Step 5: Pretrials and motions
Pretrial conferences allow the defense and prosecution to discuss the case. Motions may be filed to challenge evidence, such as a motion to suppress evidence gathered during an unlawful stop or search.
Step 6: Resolution
A case can end through a dismissal, a plea to the original or a reduced charge, a diversion program, or a trial before a judge or jury. If there is a conviction, sentencing follows.
How long does a criminal case take in Ohio?
Ohio has speedy trial rules that set time limits for bringing a case to trial. In general, a felony must be brought to trial within 270 days of arrest, and the time is shorter for misdemeanors. Days spent in jail on the charge can count as three days. However, these limits can be extended, for example when the defense asks for more time. In practice, many misdemeanors take weeks to a few months, while felonies often take several months or longer.
A note for noncitizens
If the person charged is not a U.S. citizen, immigration consequences should be reviewed before any plea, including pleas that lead to diversion.
If you are facing charges in Franklin County or Licking County, contact Wisniewski Law to request a consultation.
This article provides general information only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every situation is different, so please speak with an attorney about your specific case.
