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Does the court hire the prosecutors?
The
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.
I
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?
Effective
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 get Driving Privileges?
Answer found here
I owe
reinstatement fees to the Bureau of Motor Vehicles and I was told that
I can file a Petition in court and set up a payment plan with the
court and receive driving privileges. Is this true?
Answer: Yes and no. All courts are not in
agreement on this answer. The Judge in the Oberlin Municipal Court
interprets the present law to allow a person to set up a payment plan
only in a pending case where a suspension and reinstatement fee will
be imposed because of the pending case. You may read the Judge’s
opinion in the case of Chester S. Smith, Jr. v State of Ohio BMV by
clicking
here. The opinion
explains the Judge’s position on these types of cases. Other
courts may read the law more broadly. You should consult an attorney
or your State Representative or State Senator if you have additional
questions regarding the law. You can find the name of your
representatives at
http://ohio.gov/GovState.stm
My vehicle
was seized by a law enforcement officer. How can I get my vehicle
released?
Vehicles are seized for many different reasons.
In order to release your vehicle you should first contact the storage
facility and see if they will release the vehicle by having you pay
the storage and towing fees. If they will not and they say that they
require a vehicle release from the Court then the procedure for asking
for the release is as follows:
Before the Arraignment (initial court
appearance) of the Defendant
Before the court can consider a release of your
vehicle there must be a pending case. If the case has not yet been
filed with the Clerk of Court your only opportunity to release the
vehicle is to ask the storage facility and the law enforcement agency
that seized the vehicle if they will allow the release of the vehicle.
If they will not then you or your attorney will have to either follow
the procedures set forth in the next sections or contact the
Prosecutor’s
office that will be handling the prosecution of the case.
At the Arraignment of the Defendant
If you appear at court for the arraignment of the
Defendant please let the security guard or one of the court bailiffs
know that you are here. You will be asked to approach the bench and
make your request. If you are not the owner you cannot make the
request. The owner must make the request. The
Prosecutor will be allowed the
opportunity to object or agree to the release of your vehicle. If the
Prosecutor agrees in most cases the Judge will release the vehicle.
(see below for possible conditions of the release)
After the Arraignment of Defendant
If you did not appear at the arraignment then you
must make your request in writing. If you have an attorney you should
have your attorney file a motion. If you do not have an attorney you
may file the request on your own. A copy of the request must be
provided to the
Prosecutor. You may ask the Clerk to provide a copy to the
Prosecutor. You must provide a copy for the Prosecutor. After your
request is filed it will be forwarded to the Judge’s office and your
request will be set for a hearing. Please include your address and a
telephone number where you can be reached so that you can be notified
of the hearing date. Note: If the Prosecutor signs a written consent
the hearing may not be necessary. It is your obligation to discuss
this matter with the Prosecutor.
If the request to release is granted it may be
granted subject to conditions including but not limited to:
1.
Posting a bond.
2.
Immobilization.
3.
Ignition Interlock.
4.
Release to a licensed driver.
5.
Payment of towing and storage fees. (Note: If there is a dispute as to
the charges made by the towing company this is a civil matter and the
court will not intervene. Please consult an attorney in the event you
have a dispute with the towing company regarding the charges made.)
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
http://www.ohiobmv.com
Please note
that there is no guarantee that your request will be granted and no
vehicle will be released without proof that the vehicle is properly
insured.
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