Results 1 to 3 of 3

Hybrid View

  1. #1

    Default Consequences of a Conviction in Mayor's Court

    My question involves criminal law for the state of: Ohio

    Here are some quick facts of the case:
    so my significant other just got charged with drug abuse/possession of marijuana.
    he was in a parking lot when bars were closing and when our towns policemen check to see if the business doors were locked. A cop noticed three guys in a car and decided to go up to the car and ask what they were doing, must have seen the pipe/or smelled it and then searched the car. each one of them had a bag on them (probably about 1/8th each)

    After doing some research and not understanding why it wasn't 100 dollar fine and considered a minor mis., since ohio law states that as a punishment. We found out in our town (where there is a mayors court) if you have less then 200 grams on you, the charge is a 3rd degree misdemeanor, instead of the state law of 100 fine and ticket, and its considered a minor misdemeanor.

    from what i have learned: mayors court is a no records court, so it does not go on your record. However the other friend with them teaches and they were wondering if that will revoke his license

    nobody in the car wants to lose their license for 6 months, they got a lawyer that had the case transferred to the county municipal court.
    -This being said will the judge follow the law of mayors courts code by keeping the charges at a 3rd degree mis.? or will he apply the county laws and lower the charges to minor mis?

    another part of the story is he already has a drug abuse/and parahinillia charge from the mayors court over 3 years ago ( his punishment for this was 6 months suspended license and fines).
    -Will this show up at the current county hearing since it went through the mayors court system?
    -i am just wondering if they will see his prior and he will get worse punishment because of this?

    If anyone has any advice or information about mayors court and how it works, and if the county judge will see his prior since he was found guilty in the mayors court.

    sorry if i did poorly at explaining this, feel free to ask more specific questions to be able to answer my questions well!

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Consequences of a Conviction in Mayor's Court

    I thought Mayor's court were pretty much obsolete here in Ohio, but have not researched it.

    That aside, Article 18, sec. 3 of the Ohio Constitution gives Municipalites Home Rule authority. They can codify any Ordinances of thiers any Misdemeanor classification, as long as it does not under cut state law. The fact they have it as an M-3 IS Constitutional.

    You say the lawyer transferred it, so you can inquire from him the details, but the court is mandated to apply what city sections you were charged under, state law has no bearing. Any plea downs etc., is your attorney's job. If you plead innocent any charge over an MM is triable by Jury.

    You also mention County laws. There is only one County is Ohio that is a NON Commissioner County, that is Summit. Cuyahoga County, if you have been reading about the corruption there, is considering by the voters to go to a County Council-Executive govt. also and abolish the 3 County Commissioner system.

    Since a County is a subdivision of the state, I imagine any laws passed would have to mirror state law??? That would take some Home Rule research.

    Of course Municipalities can NOT enact felony laws.

  3. #3

    Default Re: Consequences of a Conviction in Mayor's Court

    Sorry about the county comment, i didnt mean county law, i meant state. mayors court from what i here are almost all gone in ohio.... but not where i am at... i would put where it is but its a small town and wouldnt be hard for someone to read this and know what i am talking about. my bf isn't so good at asking questions with his lawyer, or maybe he is not good at relaying the answers to me (i think he doesnt want to ask dumb questions and just wants to move out of the way and trust the lawyer to do his job correctly). It is me really trying to research his rights and what can be done from here and making sure everything that can be done is done. will the county municipal court see his previous record from the mayors court with his conviction over 3 years ago, as i would assume this would not look good to a judge... can they ask him if he has had other priors that are not in the system at court?

    1. Sponsored Links
       

Similar Threads

  1. Traffic Court Issues: What are the Consequences of a Ticket Conviction
    By biomassive in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 05-26-2011, 01:05 AM
  2. Drug Possession: What Are the Consequences of a Misdemeanor Drug Conviction
    By dabblingdamsel in forum Criminal Charges
    Replies: 2
    Last Post: 05-12-2011, 10:30 PM
  3. Fraud: Consequences Of A Federal Felony Fraud Conviction
    By sterling in forum Criminal Charges
    Replies: 1
    Last Post: 02-09-2008, 03:11 PM
  4. Drug Trafficking / Distribution: Consequences of a Conviction for Distribution of Marijuana
    By truth0754 in forum Criminal Charges
    Replies: 2
    Last Post: 12-19-2007, 09:21 AM
  5. Domestic Violence: Consequences of a Domestic Violence Conviction
    By glouis in forum Criminal Charges
    Replies: 1
    Last Post: 09-17-2006, 03:19 PM
 
 
Sponsored Links

Legal Help, Information and Resources