Why Most Mercer County Criminal Cases Don’t Go to Trial

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Mercer County Common Pleas Court Judge Matt Fox says few local criminal cases go to trial. In a Nov. 12 interview with Kevin Sandler on WCSM’s Spectrum, Fox explained how prosecutors and defense attorneys work toward plea agreements, what the court considers at sentencing and why a defendant’s bond serves a different purpose.

Fox said 190 criminal cases were opened in his court in 2023, his first year as judge. The court recorded 148 new criminal cases in 2024 and 171 in 2025.

Who negotiates a plea agreement?

Fox said prosecutors represent the state of Ohio, review evidence, make charging decisions and work with law enforcement and victims. Defense attorneys represent the accused, protect their clients’ constitutional rights and test the state’s evidence. The judge applies the law to the facts and issues the parties bring before the court.

“The court is not involved in plea negotiations,” Fox said.

Fox said a negotiated plea can resolve a case without a trial and narrow the issues the court must decide. In some cases, the parties recommend a sentencing range. In others, the prosecution agrees to leave sentencing to the court without making a recommendation.

Fox said he gives weight to an agreement reached by attorneys who have reviewed the evidence and worked through the details of the case. The judge remains responsible for imposing the sentence and can reject a recommendation.

What goes into a sentence?

Fox said sentencing can involve the facts of the offense, the defendant’s criminal and social history, prior treatment and statements from victims and others. Probation officers help the court prepare by interviewing defendants and writing presentence investigation reports.

Ohio law sets the boundaries for those decisions, Fox said. Some offenses carry mandatory prison terms or fines, while others carry a presumption in favor of community control. He compared the judge’s discretion to driving through an Interstate 75 construction zone with concrete barriers on both sides. There’s room to move within the lane, but the law sets its limits.

What can a judge require before trial?

Fox said the presumption of innocence guides bond decisions. The court considers what conditions will help ensure the defendant returns for hearings and protect victims, witnesses and the public while the case is pending.

Depending on the case, a judge can set conditions such as no contact with an alleged victim, drug or alcohol testing, or restrictions on driving or possessing a firearm. Fox said the court can also require defendants to establish where they’re living so they can be reached during the case.

Can community control include jail time?

Fox said community control, commonly called probation, can include supervision and time in the local jail. He gave the example of a defendant serving 180 days in the county jail as part of community control.

If someone violates the conditions of community control, Fox said, the court can continue supervision, impose stricter conditions or order a prison term the court reserved at sentencing, subject to applicable credit for time already served.