Criminal Division

The Criminal Division of the Guernsey County Clerk of Courts is responsible for managing and retaining records in felony cases. The clerk is the Record Keeper for the Court of Common Pleas and is responsible for processing all motions, pleadings, and judgment entries, etc.; along with maintaining the docket and retaining all the documents that are filed in the Clerk’s office according to the Ohio Revised Code, Rules of Superintendence and the Clerk of Courts Approved Retention Schedule.

Felony prosecutions begin in the Common Pleas Court with the filing of either an indictment issued by the Guernsey County Grand Jury or a Bill of Information by the prosecuting attorney for the county.

An adult suspected of committing a felony can be arrested on a complaint and warrant filed in Cambridge Municipal Courts. In that instance, the accused will initially appear before a Municipal Court judge for consideration of bond, and the scheduling of a preliminary or bind-over hearing in which a judge considers whether the evidence presented by the prosecution establishes probable cause to believe the accused has committed the offense charged in the complaint.
For information regarding traffic or misdemeanor cases, please visit the website for Cambridge Municipal Court. The Cambridge Municipal Court is authorized to hear misdemeanor criminal and traffic cases that involve offenses committed within their geographic jurisdictions.

Other duties the clerk is responsible for include the following:

• Issue all writs including summons, warrants for arrest, and warrants for removal, etc.
• Respond to criminal record checks from entities such as employers, rental (housing) agencies, financial institutions, and other courts or prosecutors,
• Processing bonds,
• Issue Subpoenas,
• Reporting final dispositions to BCI&I (weekly),
• Reporting driver license suspensions to the Bureau of Motor Vehicles,
• Monthly reporting to the Board of Elections (removal of voting rights),
• Monthly reporting for Social Security Eligibility,
• Collection of court costs and fines.

Bond Information

The Criminal Division accepts bond Monday through Friday 8:30 AM – 3:30 PM, excluding legal holidays. Bonds must be posted in the Criminal Division of the Clerk of Courts office by 3:30 PM. No personal checks will be accepted for posting bonds. If the cash bond is over $5,000, please refer to the Cash Bond Policy over $5,000.

Criminal bonds serve as the judicial system’s mechanism for ensuring defendants appear at court proceedings while balancing their constitutional right to reasonable bail. These financial arrangements between courts, defendants, and sureties create accountability while preserving the presumption of innocence.

Types of Criminal Bonds in Ohio Courts

Cash Bonds

When a court sets a cash bond, the full amount must be paid directly to the court before release. Upon final disposition and compliance with all court appearances, the money returns to whoever posted it, minus any court costs or fees.

Ten Percent Bonds

The defendant deposits 10% of the total bail amount with the court. If they appear at all hearings, they receive a refund of 90% of the deposit, minus potential court fees.

Own Recognizance (OR) Bonds

A signed promise to appear in court, often used for non-violent, low-risk, or first-time offenders.

Surety Bonds

Surety bonds involve a licensed bondsman who guarantees the full bond to the court. The bondsman assumes financial responsibility if the defendant fails to appear.

Property Bonds

Ohio courts may accept property as bond security, most commonly real estate.

Process: The court places a lien on the property, and if the defendant fails to appear for all required court dates or violates other bond conditions, the court can initiate foreclosure proceedings to recover the bail amount.

Requirements: Specific qualifications must be met, and these can vary slightly by county. General requirements include:

• The property must be located within the court’s jurisdiction (Guernsey County)
• The property’s value must typically be at least twice the bond amount, over and above any existing liens or judgments.
• All property owners must be present to sign the bond forms.
• Required documentation usually includes the property deed and the last tax statement.
• An attorney often needs to file a notarized affidavit verifying the property’s sufficiency.

IMPORTANT REMINDER:
Guernsey County Clerk of Courts and staff are not attorneys. We cannot give legal advice or practice law.

PERSONAL IDENTIFIERS
PUBLIC NOTICE
Effective July 1, 2009

The Supreme Court of Ohio Commission on the Rules of Superintendence has developed

Public Access Rules 44 through 47
with the intent to “Strike a balance between the fundamental principal of openness of Court records and the importance of privacy rights of individuals”.

SUPERINTENDENCE RULE 45
Requires the filing party to omit “Personal identifiers” when filing a case document with the court. These identifiers include:
1. Social security numbers, except last 4 digits
2. Financial account numbers
3. Employer and employee identification numbers
4. Juvenile’s name in abuse, neglect and dependency cases

THE COURT OR CLERK OF COURTS
1. Are not required to review documents to find personal identifiers.
2. May not refuse to file a document because personal identifiers are contained in said document.
3. May provide a form for placement of personal identifiers which will be confidential.

Any person may request access to documents that have been restricted or redacted through written Motion to the Court.