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.