In a Park After Close in Ohio

Hi,

I received a citation for being in a park after close on a night bike ride with some friends yesterday. The ticket is a minor misdemeanor. After we got cited the officer just left and so did we.

Is this something that will carry on my record? I gave my background check info for an apartment in Washington state a few days ago and I am wondering whether it is worth emailing them to let them know I just got this ticket.

Thanks.

I live in Ohio also. A Minor Misdemeanor is a NON arrestable offense unless you refuse to sign the citation, etc. (statutory exceptions). Here you were issued it and went on your way. The MAX fine is $150.00 + any minor costs. It is basically equivalent to a minor traffic offense such as failing to signal, etc.

It may or may not come up on a background check. It is up to you to modify the record with them if you wish, to me it would be no big deal.

I suggest that, if you and your friends were simply out for some exercise, weren't "up to no good", and have clean records, you consider collectively consulting a lawyer (or even potentially collectively approaching the prosecutor) about a disposition such as "dismissal on payment of costs". I don't know enough of the background to estimate your odds of success, but I think it's worth trying.

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Quoting aaron

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I suggest that, if you and your friends were simply out for some exercise, weren't "up to no good", and have clean records, you consider collectively consulting a lawyer (or even potentially collectively approaching the prosecutor) about a disposition such as "dismissal on payment of costs". I don't know enough of the background to estimate your odds of success, but I think it's worth trying.

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Interesting, never heard of such a dismissal procedure for an MM in Ohio, a guilty waiver and payment, yes.

If you think it's really worth it, I'll look into it. What is the process for a guilty waiver and payment? Would I just have to show up at court and request it or would I need a lawyer? I don't think I should have trouble explaining away my presence in the park to an employer/landlord so I am not entirely concerned about that. We all have clean records and were out for a bike ride. We stopped to take a break and were sitting on a stone wall to looking at the city/river so I suppose we were breaking the after-hours rules.

I am amazed though. There are far worse things that go on in that park after hours.

It should have on the citation somewhere, if you wish to plead guilty and waive appearance, you can do so by signing the citation and mailing in the amount specified.

Note that pleading guilty results in your being convicted.

A prosecutor has the discretion to plea bargain criminal charges, including minor misdemeanors and civil infractions.

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Quoting aaron

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Note that pleading guilty results in your being convicted.

A prosecutor has the discretion to plea bargain criminal charges, including minor misdemeanors and civil infractions.

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Ohio does not have infractions at the state level, but pursuant to case law from the OSC, a city may adopt such for photo/camera offenses, otherwise a MM under state law. This is the only way a city can undercut state law.

I don't know what you mean by "undercut state law".

The ticket isn't prosecuting itself. There is a prosecutor's office with jurisdiction over the ticket. That office has authority to plea bargain. If you have authority to the contrary, present it.

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Quoting aaron

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I don't know what you mean by "undercut state law".

The ticket isn't prosecuting itself. There is a prosecutor's office with jurisdiction over the ticket. That office has authority to plea bargain. If you have authority to the contrary, present it.

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What can you plea bargain a MM to, there is no offense lighter was my reasoning.

This case may clarify what I meant Aaron. MOST traffic offenses are only Minor Misdemeanor's under state law, but under Home Rule, a city can make that MM an MM, M-4, up to an M1. For example on criminal laws under home rule, or any law, if the offense is an M-3, a city can make it an M-3, 2 or 1, but NOT an M-2 or an MM or undercut state law. It has to be equal or above in classification, but not below or undercut, except for this citation.

http://www.sconet.state.oh.us/rod/do...8-ohio-270.pdf