Does the court hire the prosecutors?
court does not employ any of the prosecutors or their staff. The
prosecutors are part of the executive branch of the government, a
separate branch of the justice system. The court is part of the
judicial branch of the government. In the Oberlin Municipal Court
there are several prosecutors that represent the various territories
in the Oberlin Municipal Court district.
received a traffic ticket and do not mind paying the fine and costs
but I do not want to be assessed any points. Can I request that the
Judge not assess points in my case?
1-1-04 a Judge is not permitted to order no points on a charge that
carries points. Too many Judges were waiving points for point
violation offenses so the State Legislature has made it illegal for a
Judge to override the State law regarding points.
My spouse was charged with Domestic Violence. Can
I drop the charges?
Once charges are filed the victim cannot drop the charges. Only the
prosecutor, with the consent of the Judge, can drop charges once they
are filed. If you want to drop charges you must speak to the
prosecutor handling the case. You have an obligation to tell the
prosecutor the truth and to testify truthfully if you are subpoenaed
to be a witness. Failing to appear for court can result in a warrant
being issued for your arrest. If you do not tell the truth under oath
you can be charged with a felony offense.
My license is suspended. How
can I find out why my license is suspended and what
I need to do to reinstate my driving privileges?
The Ohio Bureau of Motor Vehicles website
includes a feature that allows drivers with suspended licenses to view
their driving record and to find out what steps they need to take to
reinstate their privileges. The website of the BMV is
Why can't the Judge dismiss my case at arraignment? I thought the Judge could do whatever the Judge wanted to do?
Judges have to follow rules. There are three branches of government, the legislative branch, the executive branch and the judicial branch. The legislative branch makes the law (i.e. Congress at the federal level, State Senators and State Representatives at the State level, and City or Village Council at the local level). Even if the Judge disagrees with the law, it would be illegal for the Judge to change or ignore the law. The executive branch enforces the law (i.e. the police or sheriff and the prosecutor). Judges do not prosecute people and therefore the Judge cannot decide at the arraignment that you will not be prosecuted. The executive branch has to be given the opportunity to be heard at a trial to determine your guilt or innocence. The arraignment is an opportunity for you to decide if you wish to have a trial or to admit your guilt or admit the facts that are alleged in the ticket or the complaint. The judge cannot have a one-sided trial without the input from the executive branch. It would be illegal for the judge to decide a case without input from the other side. For more information on your rights at arraignment you may wish to view the Power Point on the Home Page entitled: Arraignment Rights.