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Rule 4.1 – Optional Procedure in Minor Misdemeanor Cases

May 14, 2021 | Criminal Procedure, Ohio

(A) Procedure in minor misdemeanor cases. Notwithstanding Rule 3, Rule 5(A), Rule 10, Rule 11(A), Rule 11(E), Rule 22, Rule 43(A), and Rule 44, a court may establish the following procedure for all or particular minor misdemeanors other than offenses covered by the Uniform Traffic Rules.
(B) Definition of minor misdemeanor. A minor misdemeanor is an offense for which the potential penalty does not exceed a fine of one hundred fifty dollars. With respect to offenses committed prior to January 1, 2004, a minor misdemeanor is an offense for which the potential penalty does not exceed a fine of one hundred dollars.
(C) Form of citation. In minor misdemeanor cases a law enforcement officer may issue a citation. The citation shall: contain the name and address of the defendant; describe the offense charged; give the numerical designation of the applicable statute or ordinance; state the name of the law enforcement officer who issued the citation; and order the defendant to appear at a stated time and place.

The citation shall inform the defendant that, in lieu of appearing at the time and place stated, he may, within that stated time, appear personally at the office of the clerk of court and upon signing a plea of guilty and a waiver of trial pay a stated fine and stated costs, if any. The citation shall inform the defendant that, in lieu of appearing at the time and place stated, he may, within a stated time, sign the guilty plea and waiver of trial provision of the citation, and mail the citation and a check or money order for the total amount of the fine and costs to the violations bureau. The citation shall inform the defendant that he may be arrested if he fails to appear either at the clerk’s office or at the time and place stated in the citation.

(D) Duty of law enforcement officer. A law enforcement officer who issues a citation shall complete and sign the citation form, serve a copy of the completed form upon the defendant and, without unnecessary delay, swear to and file the original with the court.
(E) Fine schedule. The court shall establish a fine schedule which shall list the fine for each minor misdemeanor, and state the court costs. The fine schedule shall be prominently posted in the place where violation fines are paid.
(F) Procedure upon failure to appear. When a defendant fails to appear, the court may issue a supplemental citation, or a summons or warrant under Rule 4. Supplemental citations shall be in the form prescribed by division (C) of this rule, but shall be issued and signed by the clerk and served in the same manner as a summons under Rule 4.
(G) Procedure where defendant does not enter a waiver. Where a defendant appears but does not sign a guilty plea and waiver of trial, the court shall proceed in accordance with Rule 5.

Ohio. Crim. R. 4.1

Effective:July 1, 1973; amended effective July 1, 1978;July 1, 2004.

Staff Note (July 1, 2004 Amendment)

Rule 4.1(B). Definition of minor misdemeanor.

Effective January 1, 2004, R.C. 2901.02(G) changed the maximum penalty for a minor misdemeanor from $100 to $150. Crim. R. 4.1(B) was modified to reflect the change in the maximum penalty for a minor misdemeanor.