PART 3 - CRIMINAL/TRAFFIC PRACTICE
3.01
PROSECUTOR'S CONFERENCES
A.
In all misdemeanor cases in which the defendant is
represented by counsel, a prosecutor's conference may be
scheduled, upon the request of the defendant's counsel at
any time after the filing of the complaint.
B.
The defendant's appearance at arraignment is required
in all cases in which the defendant is charged with
operating a motor vehicle while having a proscribed
concentration of alcohol in his blood, breath or urine
and/or operating a motor vehicle while under the influence
of alcohol. The defendant's appearance at arraignment is
required in all felony cases as well as domestic violence,
assault, aggravated menacing cases, and other offenses which
are violent in nature.
C.
At any time after the filing of a complaint in a felony
case, a prosecutor's conference may be scheduled so long as
the time limitation period for preliminary hearing is waived
by the defendant.
D.
Both the defendant and the defendant's counsel shall
be required to appear for all prosecutor's conferences,
unless the Court waives the defendant's appearance prior to
the prosecutor's conference.
E.
At the conclusion of the prosecutor's conference, the
defendant and the defendant's counsel shall forthwith appear
before the Court to advise the Court of the results of the
prosecutor's conference. On minor misdemeanors, an attorney
may have the defendant's appearance waived.
F.
A prosecutor's conference will take place during
traffic arraignments on Tuesdays at 5 p.m. and Fridays at 9
a.m. if the Court finds that there could be an immediate
disposition of the case. A prosecutor will be present for
traffic arraignment on the above days and times for that
purpose.
3.02
CONCEALMENT OF VICTIM'S ADDRESS, TELEPHONE
NUMBER AND
SIMILAR IDENTIFYING FACTS
In
accordance with Section 2930.07(B) of the Ohio Revised Code,
the court file or court documents in a case shall not
contain the address of the victim in the case or the
victim's representative unless the address is contained in a
transcript of the trial or is used to identify the location
of the crime. The court file or court documents in a case
shall not contain the telephone number of the victim in a
case or of the victim's representative unless the number is
contained in a transcript of the trial.
3.03
MINOR MISDEMEANOR APPEARANCE AND WAIVER PROCEDURE
Pursuant
to Section 4.1 of the Rules of Criminal
Procedure, a Violations Bureau for the disposition of
minor misdemeanor offenses other than traffic offenses is
hereby established. A person charged with a minor
misdemeanor offense may, in lieu of appearance in Court and
within the time specified in the citation, appear personally
at the Clerk's office and pay the stated fine and costs or
mail to the Court the stated fine and costs established by
the administrative order of the Court.
3.04
TRAFFIC VIOLATIONS BUREAU
Pursuant
to Traffic Rule 13, a Traffic Violations Bureau is hereby
established. A
person charged with a traffic violation waiverable under
Ohio Traffic Rule 13, may, in lieu of appearance in Court
and within the time specified in the citation, appear
personally at the Clerk's office and pay the stated fine and
costs or mail to the Court the stated fine and costs
established by administrative order of the Court.
The
foregoing case management rules of the Maumee Municipal
Court shall become effective on March 12, 2007. |