Probation

The Probation Department is involved in bringing community resources to bear on the situations and defendants that come before the Court. It is the primary means by which referrals to various agencies and services are made by the Judges. The department also provides a number of unique services not available elsewhere in the community.

Involvement with the Probation Department may begin before a finding is made on a case. Referrals for competency evaluations, pre-trial work release and pre-trial electronic monitoring are all coordinated by the department. The Department also operates a pre-trial diversion program, the Alternatives Program. The Alternatives Program provides certain first time defendants with the opportunity to participate in a series of class-like sessions. The sessions cover a variety of topics relating to making good choices and avoiding legal troubles. After completing the program, the defendants are granted a dismissal and their cases are sealed.

After a plea has been entered in a case, there are a number of ways in which a defendant may be involved with Probation. Sometimes before sentencing the Court may want to know more about the defendant and the situation than can be determined in the busy courtrooms of Municipal Court. Judges refer cases to Probation for the preparation of pre-sentence reports that investigate the offense, the victim, the defendant, and the defendant’s record. These are reported to the Court and suggestions are made as to what sentence might motivate a defendant to change his or her behavior. In the process of investigating cases, the department oversees restitution orders, refers defendants for drug screening, substance abuse treatment, mental health treatment, and various other services.

At sentencing, the Court may conclude that the defendant is doing some things that would be more beneficial to the defendant instead of imposing jail time. This might include making restitution, cooperating with treatment maintaining employment, or refraining from drug use. The Court may then place the defendant on formal probation. This means that for a certain period, the defendant will have to report to a probation officer and the officer will monitor the defendant’s behavior. If the defendant complies with the Court’s orders for the duration of probation, he/she is successfully released from all Court controls. If the defendant does not comply, the probation officer notifies the Court and the defendant must answer before the Judge as to why incarceration should not be imposed. The terms of probation are developed to address the situation of each defendant and can cover many different aspects of a defendant’s behavior. Some defendants are placed on Intensive Supervision Probation. This program, funded by the State Department of Rehabilitation and Corrections, accepts defendants viewed as high risk and puts greater controls on them for a short intensive period. These individuals must report to a probation officer as often as three times per week and must be involved in education and treatment as well.

Some unique needs of the court are met through programs in probation. These include the Alternatives Program (mentioned above) and the Community Service Probation Program (CSPP).

The CSPP program is designed to have defendants make a possible contribution back to the community to re-pay the community for their illegal acts by completing a certain number of hours of community service work. The CSPP coordinator matches the defendant with a non-profit agency that has a need for workers. The work is monitored by a probation officer. Failure to complete the work results in the defendant being returned to court to answer for non-compliance before the Judge.

The Probation Department also works with the Corrections Center of Northwest Ohio (CCNO) to coordinate the sentencing of defendants to electronically monitored house arrest. This program allows defendants to be in the community functioning normally but restricts their movement from their home and monitors this through electronic equipment. Staff from CCNO work with the defendant and keep the Court informed of progress.

Immobilization

Immobilizing a vehicle means that a device called ‘The Club’ locks onto the steering wheel making the vehicle inoperable. Because every person’s driving record is unique, the reasons for immobilizing a vehicle vary in accordance with the Ohio Revised Code.

If you receive a traffic ticket and the police tow the vehicle, the first step toward getting the car back is to talk to the towing company to determine if the car is able to be immobilized and released. If it is able to be released, please come to the Toledo Municipal Clerk of Court’s counter on the first floor and request your court documents be sent to the Immobilization Office. A Clerk of Court employee will take your paperwork to the Immobilization Office. You should report to the Immobilization Office in the Probation Department (hours 8:30 a.m. to Noon, and 1:15 p.m. to 4:30 p.m. Monday-Friday). The procedure from this point will depend solely on the nature of the charges and/or suspensions. If the judge finds that your vehicle will in fact be immobilized for a period of time, there is a mandatory $30.00 immobilization fee that must be paid in cash if you want to retrieve the vehicle and have it immobilized with a Club at a location of your choice. Clubs are put on vehicles at the towing yard the next business day by the respective police departments. Towing companies will not release a vehicle without the club on the vehicle or proper document stating the car may be released. The Immobilization Office phone number is (419) 245-1590.

Please see questions 5-9 in our FAQ.

Responsible Education Driver Program

The Responsible Educated Driver Program (RED) is a program designed to assist motorists who appear before the Toledo Municipal Court to obtain a valid driver’s license. When defendants are charged with driving while under a licenses suspension, the court will in some cases, refer the driver to the RED Program to be educated about what they must do to become valid drivers. The License Intervention Specialist obtains a copy of the defendant’s driving record. The driving record is interpreted for the defendant. Each pending driving infraction listed on the record is discussed with the defendant. A plan is formulated to help the defendant meet the necessary obligations to correct the infractions. The defendant is also told the total amount of their reinstatement fees and other costs associated with getting a valid license. The defendant returns to the License Intervention Specialist who will monitor and verify the defendant’s progress in obtaining a valid license before the defendant appears before the Judge. The phone number for the RED Program is (419)245-1590. Other information about a specific driver’s suspension and reinstatement requirements may be found at the Ohio Bureau of Motor Vehicles website: www.dps.state.oh.us/netsys/netdb/ENGLISH/MMENU.asp.