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If the motion pursuant to § 35.05 be sustained, the accused shall be discharged unless the Mayor finds that the defect can be corrected without changing the nature of the charge, in which case he or she may order the complaint amended or a proper affidavit filed forthwith and require the accused to plead thereto.
(Ord. 3-1971, passed 1-18-1971)
(A) After all-motions are disposed of or if no motion is presented, the Mayor shall require the accused to plead to the charge.
(B) In cases of misdemeanor, the following pleas may be made:
(1) Guilty;
(2) Not guilty;
(3) No contest; or
(4) Once in jeopardy which includes the defenses of former conviction or former acquittal.
(B) Entry of any plea pursuant to this section shall constitute a waiver of any objection which could be taken advantage of by motion pursuant to § 35.05.
(Ord. 3-1971, passed 1-18-1971)
(A) If the accused pleads guilty to the charge, the Mayor shall receive and enter such plea unless he or she believes it made through fraud, collusion or mistake in which case he or she shall enter a plea of not guilty and set the matter for trial. Upon a plea of guilty being received, the Mayor shall call for explanation for circumstances of the offense from the affiant or complainant or his or her representative, and after hearing the same, together with any statement from the accused, shall proceed to pronounce sentence or continue the matter for the purpose of imposing sentence or admitting the defendant to probation.
(B) If the plea be “no contest” or words of similar purport, it may constitute a stipulation that the Mayor may make finding of guilty or not guilty from the explanation of the circumstances, and if guilt be found, impose or continue for sentence accordingly. Such plea shall not be construed to import an admission of any fact and issue in the criminal charge in any subsequent proceeding or action, whether civil or criminal.
(Ord. 3-1971, passed 1-18-1971)
(A) Upon the entry of a plea of “not guilty” or “once in jeopardy,” the Mayor shall forthwith set the matter for future trial or, with the consent of both state and defendant may set trial forthwith, provided that if the nature of the offense is such that right to jury trial exists, such matter shall not be tried before him or her unless the accused, by writing subscribed by him or her, waives a jury and consents to be tried by the Mayor.
(B) If the defendant in such event does not waive right to jury trial, then the Mayor shall require the accused to enter into recognizance to appear before the Massillon Municipal Court or the Stark County Juvenile Court, and the Mayor shall thereupon certify all papers filed, together with transcript of proceedings and accrued costs to date, and such recognizance if given, to such other court.
(Ord. 3-1971, passed 1-18-1971)
(A) A marshal or police officer, herein designated as a “peace officer” shall arrest and detain a person found violating a law of this state, or a village ordinance, until a warrant can be obtained.
(B) When there has been a violation or there is reasonable grounds to believe there has been a violation of R.C. §§ 2903.13 and 2903.22 (assault and battery and menacing threats), R.C. § 5924.121 (larceny), R.C. § 2909.12 (throwing or shooting at trains, motor vehicles or vessels, insofar as said section is applicable to throwing or shooting at trains, motor vehicles, or vessels), or R.C. § 2923.12 (carrying concealed firearm or projectile weapon), or of any ordinance of the village which substantially incorporates in the offense contained in such sections, a peace officer may arrest without a warrant any person whom he or she has reasonable cause to believe is guilty of the violation, and detain him or her until a warrant can be obtained.
(Ord. 3-1971, passed 1-18-1971)
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