The Criminal Division of the Trumbull County Court Central Division handles criminal violations that transpired within the jurisdiction of this court which is: Cortland City, Fowler Township, Johnston Township, Greene Township, Mecca Township, and Bazetta Township.
When a defendant has been arrested or summoned on a criminal complaint, an arraignment hearing is set. At the arraignment, the defendant is advised of his/her rights.
After arraignment the case is managed in the following judicial steps for non-felony cases:
First Judicial Step, Pretrial: At arraignment, all first, second, third degree and minor misdemeanors shall be set for pretrial by the Court within forty-five (45) days.
Pretrial Attendance Requirements: The pretrial shall be conducted in accordance with Criminal Rule 17.1 and a memorandum of the matters agreed upon should be filed in said case. All defendants must appear for pretrial.
Trial Date Set at Pretrial: If the parties cannot resolve the case, then the case should be set for trial to court or subsequent pretrial at the Court’s discretion unless a trial by jury is demanded. If the defendant doesn’t show up for a court trial a bench warrant will be issued for their arrest.
Written Pleas Pursuant to Criminal Rule 10(b): Any written plea of not guilty filed by legal counsel with the Court shall be accompanied by a written waiver of time for speedy trial under O.R.C. Section 2945.71.
Motions: All motions shall be made in writing and accompanied by a written memorandum containing the arguments of counsel. Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure. All motions shall be set for oral hearing.
Trials: Each case not resolved at pretrial conference will be set for trial to the Court. If a written jury demand is timely filed, then the case will be moved to the jury trial schedule. If a jury trial demand has been filed, a final pre-trial hearing will be held prior to jury trial. All attorneys shall notify the Court by 10:00 a.m. of the last working day preceding their trial of any change in plea or jury costs will be attached to their case.
Sentencing: In any case where sentence is not given upon the conclusion of trial, a sentencing hearing will be set.
Judicial steps on felony cases only:
Arraignment/Video Arraignment: The defendant is arraigned and the bond is set, the court then sets a preliminary hearing.
If defendant is incarcerated they must have a preliminary hearing within 7 days of their arrest. If defendant isn’t incarcerated and the defendant signed a time waiver, the preliminary hearing must be within 45 days of their arrest.
Outcome of preliminary hearing: Charge is amended to a misdemeanor Or Bound over to the Grand Jury.