Criminal Cases And OVI / DUI Cases In The Delaware Municipal Court
This page provides information about criminal offenses and DUI / OVI charges in the Delaware Municipal Court. Before appearing in that court, and before hiring an attorney to represent you in that court, reviewing the information on this page and in this website will help you learn more about the court, the cases heard in the court, and the court process.
The Dominy Law Firm regularly practices in the the Delaware Municipal Court representing clients charged with criminal offenses and DUI / OVI charges. If you have been charged decide to hire a lawyer for your case in the Delaware Municipal Court, we encourage you to research attorneys thoroughly. If you conclude your research and decide you want our firm to represent you, we welcome you to contact us.
To Get More Information About The Delaware Municipal Court
Address: 70 North Union Street, Delaware, OH 43015
Phone: (740) 203-1500
Website: Delaware Municipal Court
Cases Heard In The Delaware Municipal Court
The Delaware Municipal Court has jurisdiction over misdemeanor offenses which take place in Delaware County, Ohio. Most cases are filed originally in the Municipal Court, but some cases are transferred to the Delaware Municipal Court from other courts, such as the Westerville Mayor’s Court, the Shawnee Hills Mayor’s Court, and the Sunbury Mayor’s Court. The following types of cases are commonly heard in the Delaware Municipal Court:
• DUI / OVI
• Assault
• Domestic Violence
• Drug charges (misdemeanor)
• Shoplifting
• Underage drinking
Judges And Prosecutors In The Delaware Ohio Municipal Court
In this court, there are two judges: Judge Hemmeter and Judge Rohr. There are also magistrates who preside over some hearings. After a traffic ticket or criminal complaint is filed, one of the two judges is permanently assigned to the case. The prosecutor with responsibility for a particular case varies. If the alleged crime occurred within the city of Delaware, the case is prosecuted by the Delaware City Prosecutor’s Office, and that office divides cases alphabetically (by the defendant’s last name) among the City Prosecutor and the Assistant Prosecutors. If the alleged offense occurred in another city or village, that city or village is responsible for prosecuting the case. Most cities and villages have a contract with the city of Delaware to prosecute their cases, but Shawnee Hills and Sunbury prosecutes their own cases in the Municipal Court.
Court Process In The Delaware County Municipal Court
Arraignment: The first court appearance is an arraignment. You have three choices at the arraignment: (1) plead guilty or no contest; (2) plead not guilty; and (3) continue the arraignment. If you plead guilty or no contest, your case will likely be completed that day. If you enter a plea of not guilty or ask for a continuance of the arraignment, your case will not be completed that day. You will then have time to hire an attorney, review the prosecution’s case, and prepare your defense. If your charge is DUI / OVI and you plead not guilty, you should also appeal the Administrative License Suspension at the arraignment.
Pretrial hearing: Your next hearing is a pretrial; a chance for you or your lawyer and the prosecuting attorney to have a conversation about the case and negotiate toward a plea agreement. If you agree on the resolution of the case, you will go before the judge that day and likely finish your case. If an agreement is not reached, a motion hearing will be scheduled (if there are pending motions), or a trial will be scheduled.
Motion hearing: If there are pending motions after the pretrial hearing, such as motions to suppress evidence, the next phase of the case is a motion hearing. At a motion hearing, witnesses testify, lawyers argue to the judge what conclusions should be reached, and the judge makes decisions regarding the issues in the motions.
Trial: If the case is not resolved at the pretrial or motion hearing, the case will be scheduled for a trial. You have a Constitutional right to a trial, and if the alleged crime is punishable by incarceration, you have a right to a jury trial. At the trial, you are presumed innocent, the prosecution has the burden of proving your guilt beyond a reasonable doubt, and you have the right to be represented by an attorney.
Sentence hearing: If you are found guilty, or if you plead guilty or no contest, there will be a sentence hearing. During that hearing, the prosecutor and defense counsel present statements to the judge regarding the sentence, and the judge announces the sentence.
Attorney For Criminal And DUI / OVI Cases In The Delaware Municipal Court
The Dominy Law Firm has been representing clients for DUI/OVI and criminal offenses in the Delaware Municipal Court since 1997. Our office is just south of the Delaware County line on Route 315. It’s about the same distance from the courthouses in Delaware County and Franklin County, so we regularly represent clients in both counties.
More information about our firm is available on the About Us page. You may also be interested in reading our client reviews and case results. If you’d like to schedule a free phone consultation about your case in the Delaware Municipal Court, please submit a CONTACT FORM or call us at 614-717-1177.