Individuals or private citizens must interview with the prosecutor from the Law Department before a complaint can be filed. You will be required to fill out a "Statement of Facts" sheet that includes the correct name and address of the defendant. Once a criminal complaint is filed, it cannot be dismissed or withdrawn without a hearing before the judge in open court.

After a defendant has been arrested or summoned on a criminal complaint, an Arraignment Hearing is set. At Arraignment, the defendant is advised of his or her rights. In a misdemeanor case the defendant enters a plea to the alleged offense. The pleas are:

• Guilty: This is a complete admission of guilt
• No Contest: This is not an admission of guilt, but is an admission of the truth of the facts alleged in the complaint. The plea of no contest shall not be used against you in any later civil or criminal proceeding.
• Not Guilty: This is a denial of the charge and puts in issue all of the essential elements of the offense.
• Not Guilty by Reason of Insanity

Pleas of Guilty or No Contest are usually disposed of the same day at arraignment with the Judge sentencing the defendant.

In a Felony case, a plea does not need to be entered at arraignment and the case is scheduled for a Preliminary Hearing before the Court to determine if enough evidence exists in the case to bind the case over for consideration by the grand jury in either Butler or Warren County Common Pleas Court.

With a plea of Not Guilty in a misdemeanor case, the case is scheduled for trial. The trial is either a Bench Trial or a Jury Trial. In a Bench Trial the case is tried and presented to the Judge to determine guilt or innocence. In a Jury Trial the case is tried and presented to a jury of peers from the community to determine guilt or innocence.
Trials proceed in the following manner:

• Opening Statements: Both sides of the case give statements as to the evidence and testimony they will be presenting during the trial. Opening Statements are not evidence.
• Prosecutor's Case-in-Chief: The prosecutor will call witnesses and present evidence in the case. The prosecutor will ask questions of the witness and the court will then allow the defense to cross-examine the witness. The defense may question the witness and enter evidence as to this witness' testimony. The prosecutor may then ask follow-up questions in redirect examination of the witness. When the prosecutor is finished with this process for all witnesses, the prosecutor rests its case.
• Defense Case-in-Chief: The defendant presents their case in the same manner as the prosecutor did above or the defendant may choose not to present a case or testify. The defendant would then rest.
• Closing Arguments: Both parties may give brief closing statements designed to help the court make its decision in the case.

If the defendant is found guilty in a case, the Judge then decides what sentence is appropriate. This may include time in jail, fines, probation or other sanctions.

As a citizen of a free country, your service as juror in the judicial system is essential for maintaining impartial justice. Jury duty has been an important part of our legal system for over two centuries. Jurors are selected randomly from our community. A trial to a jury provides a defendant in a criminal or civil case the opportunity to present information for a determination by the people of the Middletown area. If you are called upon to serve, we anticipate you will recognize the importance of the Juror in the honest discharge of justice.

When you arrive at the court, please park in the South lot. The Municipal Court is located on the main level of the city building. When arriving please enter the courtroom and check in with the bailiff.

Upon being called to jury duty, you will be subject to questioning by the judge and trial attorneys. This questioning is Voir Dire (pronounced "vore deer"). Voir Dire is an opportunity to explore your appropriateness for this particular trial. You may be asked questions that seem personal. The questions are not meant to embarrass but to provide information for the final selection of the panel of jurists. You may be excused "for cause" or "peremptory challenges". Jurors who are excused for one case may still be eligible to sit on another.

Witnesses play an integral role in the criminal justice system. Witnesses are needed to corroborate testimony or to give testimony as to acts that occurred in their presence. Witnesses are usually issued a subpoena to appear in court on a case. A subpoena compels the witness to appear in court and give testimony. Failure to honor a subpoena (appear in court) may result in the court issuing a contempt warrant for the witnesses arrest.

When arriving at the court, please enter the courtroom and check in with the bailiff. If you have special concerns as a witness please bring these to the bailiff's attention and he will attempt to assist you. After the case is heard the court will excuse you. If you are in need of proof that you were present in court, ask the bailiff and you will be provided with a letter.

If you are charged with an offense, you have the right to have a lawyer represent you at all stages of the proceedings. A lawyer can help you understand the charges against you and the defenses you can raise. You may ask for a continuance in your case to retain counsel.

If you are not able to employ counsel, you may qualify for a court appointed attorney at no cost to you. Court appointed attorneys are usually present in court and in many cases may speak with you the same day.

If you do no qualify for a court appointed attorney and need information about hiring an attorney, you may contact the Butler County Bar Association at (513) 896-6671.