Rule 20 Felony Arraignment

Felony Arraignment

(A) Arraignment of felony cases will be heard in courtroom #3, 9:00 a.m., Monday through Friday. Custody cases will be arraigned first. The court shall set bail, grant a continuance if requested, accept waiver of preliminary examination if offered, or assign a date and time mutually convenient and within time limits for a preliminary examination, or enter a nolle prosequi at the request of the prosecutor. If the defendant waives preliminary hearing, the judge or magistrate shall forthwith order the defendant bound over to the court of common pleas. Except upon good cause shown, any misdemeanor, other than a minor misdemeanor, arising from the same act or transaction involving a felony shall be bound over or transferred with the felony case. If a felony matter is dismissed, any related misdemeanor charges, arising from the same act or transaction shall also be dismissed, unless for good cause shown.

 (B) When in session on Saturdays, as set forth in Local Rule 2, “Court Sessions,” the felony arraignment session shall be merged with the misdemeanor session to be heard in courtroom #4, but no preliminary examinations shall be held.

 (C) When a defendant is charged with more than one violation, including a felony, all matters related to the felony, including misdemeanors, shall be handled by the felony judge. All matters unrelated to the felony, including unassigned traffic, criminal cases, and unrelated bench warrants, may be arraigned and sent to the Court Services Department for assignment. Any unrelated misdemeanor cases already assigned shall be reset to be heard by the assigned judge.

 (D) Recommendations to the court regarding resets, nolle prosequi, or amendments to the charge(s) must be documented on the forms provided by the court and signed by the prosecutor, and any victim(s) if any. If the recommendation is accepted by the court, the form shall be included in the file and made part of the record.

 (E) In accordance with Ohio Revised Code 2930.04, the prosecutor is responsible for ensuring that victims are notified of all court proceedings. During the first interaction between the prosecutor and the victim, the prosecutor shall review the victim’s rights request form with the victim, or victim’s representative, if applicable, if the form was not previously completed with law enforcement, and shall file the form with the court after initiation of a criminal prosecution and provide a copy to law enforcement. Any requests for a temporary protection order shall be heard at the initial appearance if the victim is present. If the victim is not present, the temporary protection order hearing shall be scheduled for the court’s earliest next docket.

(F) No defendant who has posted satisfactory bail in the municipal court or the court of common pleas on a felony charge shall be held in custody to answer for contemporaneously filed misdemeanor charges.