Criminal

A criminal case is a case where the defendant is charged with violating the law. The Toledo Municipal Court has jurisdiction over misdemeanor cases. A misdemeanor charge can carry no more than a maximum fine of $1,000 and six months imprisonment. The maximum penalty attached to a particular charge depends upon the type, or degree of misdemeanor. These maximum penalties are set forth in Ohio Revised Code § 2929.21

A summons on court-approved forms is the standard means for requiring defendants to appear in criminal misdemeanor violations where it does not appear likely to the citing officer or prosecutor that a further aggravated breach of peace will occur. 

Arraignments are held at 9:00 a.m. in courtroom #4, Monday through Friday for cases where the defendant is out of custody and charged with:

• vehicular homicide or negligent homicide
• assault
• menacing by stalking, aggravated menacing, menacing
• arson
• domestic violence
• violation of a temporary protection order
• intimidation of a crime victim/witness
• repeat offenses of driving while under the influence of alcohol and/or drugs

Arraignments are held at 9:00 in courtroom #4, Monday through Friday for cases where:

• the defendant is in custody
• there is a motion filed for a temporary protection order

All other misdemeanor criminal and traffic arraignments are heard by a magistrate in courtroom #4 beginning at 1:00 p.m., Monday through Friday. Housing cases that are criminal in nature are heard separately by the housing judge and defendants should carefully check their court notice or summons for the correct day and time for their appearance.

Felony arraignments are heard in courtroom #3 beginning at 9:00 a.m. At the time of felony arraignment, the judge sets bail, may grant a continuance if requested, accepts a waiver of preliminary examination if offered, or assigns a date and time for the preliminary examination or enters a nolle prosequi at the request of the prosecutor. A nolle prosequi is a formal entry on the record by the prosecutor that the case will not proceed further at this time.

After giving all defendants an explanation of their rights, including the right to have counsel appointed if they are eligible, the judge or magistrate hearing arraignments may receive pleas of guilty, no contest, or not guilty. 

Magistrates accepting pleas may recommend a sentence as provided in the court’s Order of Reference. The magistrate shall not accept a plea without the defendant signing a waiver. No defendant shall be required to have an arraignment before a magistrate and may request the case be re-assigned to the duty judge for the same day. 

If a plea of not guilty is entered, the case shall be referred to the assignment commissioner for assignment of a judge and a pretrial date.