Ohio Revised Code Search
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Section 2935.26 | Minor misdemeanor citation.
...f the offender pursuant to the Criminal Rules. Supplemental citations shall be in the form prescribed by division (B) of this section, but shall be issued and signed by the clerk of the court at which the citation directed the offender to appear and may be sent to the offender through electronic means or may be served in the same manner as a summons. (G) A summons or warrant for the arrest of an offender who failed... |
Section 2935.27 | Procedure after issuance of minor misdemeanor citation.
...and 2937.23 of the Revised Code and the Rules of Criminal Procedure. As an alternative to this procedure, a court by local rule may prescribe a procedure for the setting of a reasonable security by the person without the person appearing before the court. (B) A person who has security set under division (A)(2) of this section shall be given a receipt or other evidence of the deposit of the security by the court. ... |
Section 2935.28 | Names of traffic law violators damaging real property to be provided to owner.
...od faith are not liable in damages in a civil action allegedly arising from their actions taken pursuant to that division. Political subdivisions and the state are not liable in damages in a civil action allegedly arising from the actions of personnel of their law enforcement agencies if the personnel have immunity under this division. |
Section 2935.29 | Definition of fresh pursuit and state.
...As used in sections 2935.30 and 2935.31 of the Revised Code: (A) "Fresh pursuit" includes fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony. It includes the pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for... |
Section 2935.30 | Authority of foreign police.
...Any member of an organized state, county, or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest him on the ground that he is believed to have committed a felony in such other state has the same authority to arrest and hold such person in custody as has any member of any organized state... |
Section 2935.31 | Hearing before magistrate in county of arrest.
...If an arrest is made in this state by an officer of another state under section 2935.30 of the Revised Code, he shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful be shall commit the person arrested to awa... |
Section 2935.32 | Broadcasting information of crime.
... of any county, with the consent of the court of common pleas, may contract with any company engaged in broadcasting by radio, for the purpose of immediate broadcasting of information concerning any violent felony, when the perpetrator thereof has escaped. The sheriff and heads of police departments, immediately upon the commission of any such felony and the escape of such perpetrator, shall furnish all information c... |
Section 2935.33 | Inpatient care and treatment of alcoholics and drug addicted persons.
...ency treatment, in lieu of other arrest procedures, for a maximum period of forty-eight hours. During that time, if the person desires to leave such custody, the person shall be released forthwith. (D) As used in this section: (1) "Community addiction services provider" has the same meaning as in section 5119.01 of the Revised Code; (2) "Acute alcohol intoxication" means a heavy consumption of alcohol over a re... |
Section 2935.36 | Pre-trial diversion programs.
...f limitation established by statutes or rules of court, that are applicable to the offense with which the accused is charged and to the conditions of the diversion program established by the prosecuting attorney; (3) Agree, in writing, to pay any reasonable fee for supervision services established by the prosecuting attorney. (C) The trial court, upon the application of the prosecuting attorney, shall order the rel... |
Section 2937.01 | Preliminary examination - bail definitions.
...The definition of "magistrate" set forth in section 2931.01 of the Revised Code, and the definitions of "peace officer," "prosecutor," and "offense" set forth in section 2935.01 of the Revised Code apply to Chapter 2937. of the Revised Code. |
Section 2937.011 | Pretrial release.
...e provided for in the Rules of Criminal Procedure. (2) If, at the initial bail hearing before a judicial officer, the defendant was not represented by counsel, and if the defendant has not yet been released on bail, the court shall hold a second bail hearing on the second court day following the initial bail hearing. An indigent defendant shall be afforded representation by appointed counsel at the state's expense... |
Section 2937.02 | Court to inform defendant of charge and rights.
...r arrest, the accused is taken before a court or magistrate, or when the accused appears pursuant to terms of summons or notice, the affidavit or complaint being first filed, the court or magistrate shall, before proceeding further: (1) Inform the accused of the nature of the charge and the identity of the complainant and permit the accused or counsel for the accused to see and read the affidavit or complaint or a ... |
Section 2937.03 | Arraignment - explanation of rights.
...magistrate, clerk, or prosecutor of the court reading the affidavit or complaint, or reading its substance, omitting purely formal parts, to the accused unless the reading of the affidavit or complaint is waived. The judge or magistrate shall then inquire of the accused whether the accused understands the nature of the charge. If the accused does not indicate understanding, the judge or magistrate shall give explana... |
Section 2937.04 | Motion to dismiss complaint or affidavit.
...ay be made orally and ruled upon by the court or magistrate at the time of presentation, with minute of motion and ruling made in the journal (if a court of record) or on the docket (if a court not of record) or such motion may be presented in writing and set down for argument at later time. Where the motion attacks a defect in the record by facts extrinsic thereto, proof may be offered by testimony or affidavit. |
Section 2937.05 | Discharge of defendant - amendment of complaint.
... accused shall be discharged unless the court or magistrate finds that the defect can be corrected without changing the nature of the charge, in which case he may order the complaint amended or a proper affidavit filed forthwith and require the accused to plead thereto. The discharge of accused upon the sustaining of a motion to dismiss shall not be considered a bar to further prosecution either of felony or misdemea... |
Section 2937.06 | Pleas - advice as to effects of plea.
...ed of or if no motion is presented, the court or magistrate shall require the accused to plead to the charge. (1) In cases of felony, only a plea of not guilty or a written plea of guilty shall be received and if the defendant declines to plead, a plea of not guilty shall be entered for the defendant and further proceedings had as set forth in sections 2937.09 to 2937.12 of the Revised Code. (2) In cases of misdeme... |
Section 2937.07 | Court action on pleas of guilty and no contest in misdemeanor cases.
... the criminal charge in any subsequent civil or criminal action or proceeding. |
Section 2937.08 | Court action on pleas of not guilty or once in jeopardy in misdemeanor cases.
...dy, if the charge be a misdemeanor in a court of record, the court shall proceed to set the matter for trial at a future time, pursuant to Chapter 2938. of the Revised Code, and shall let accused to bail pending such trial. Or he may, but only if both prosecutor and accused expressly consent, set the matter for trial forthwith. Upon the entry of such pleas to a charge of misdemeanor in a court not of record, the mag... |
Section 2937.09 | Court action on pleas in felony cases.
...If the charge is a felony, the court or magistrate shall, before receiving a plea of guilty, advise the accused that such plea constitutes an admission which may be used against him at a later trial. If the defendant enters a written plea of guilty or, pleading not guilty, affirmatively waives the right to have the court or magistrate take evidence concerning the offense, the court or magistrate forthwith and without... |
Section 2937.10 | Setting preliminary hearing for felony cases.
...guilty or waiver of examination, or the court or magistrate refuses to receive such waiver, the court or magistrate, with the consent of the prosecutor and the accused, may set the matter for hearing forthwith, otherwise he shall set the matter for hearing at a fixed time in the future and shall notify both prosecutor and defendant promptly of such time of hearing. |
Section 2937.11 | Conduct of preliminary hearing.
... filed, whichever occurred earlier, the court, on written motion of the prosecutor in the case, the victim, or the victim's attorney, if applicable, filed at least three days prior to the hearing, shall order that all testimony of the child victim be recorded and preserved, in addition to being recorded for purposes of the transcript of the proceeding. If such an order is issued, it shall specifically identify the ch... |
Section 2937.12 | Preliminary hearing - presentation of case of accused.
...sed is then represented by counsel, the court or magistrate shall advise accused: (1) That any testimony of witnesses offered by him in the proceeding may, if unfavorable in any particular, be used against him at later trial; (2) That accused himself may make a statement, not under oath, regarding the charge, for the purpose of explaining the facts in evidence; (3) That he may refuse to make any statement and suc... |
Section 2937.13 | Finding of presence of substantial credible evidence.
...ection 2937.12 of the Revised Code, the court, while weighing credibility of witnesses, shall not be required to pass on the weight of the evidence and any finding requiring accused to stand trial on any charge shall be based solely on the presence of substantial credible evidence thereof. No appeal shall lie from such decision nor shall the discharge of defendant be a bar to further prosecution by indictment or othe... |
Section 2937.14 | Entering reason for change in charge on journal of court.
...n the one on which he was arraigned the court or magistrate shall enter the reason for such charge on the journal of the court (if a court of record) or on the docket (if a court not of record) and shall file with the papers in the case the text of the charge found by him to be sustained by the evidence. |
Section 2937.15 | Transcript of preliminary hearing.
...ng and finding, the magistrate, or if a court of record, the clerk of such court, shall complete all notations of appearance, motions, pleas, and findings on the criminal docket of the court, and shall transmit a transcript of the appearance docket entries, together with a copy of the original complaint and affidavits, if any, filed with the complaint, the journal or docket entry of reason for changes in the charge, ... |