Loading...
§ 32.049 FORM OF AFFIDAVIT.
An affidavit in the form following is sufficient:
      The State of Ohio,
      .............County, ss:
         Before me, A. B., personally came C. D., who being duly sworn according to law, deposes and says that on or about the ...........day of .......... at the county of ................ one E. F. (here describe the offense committed as nearly according to the nature thereof as the case will admit, in ordinary and concise language.)
      Sworn to and subscribed before me, this ........ day of ..............., 19....
            A. B., Judge
(R.C. § 2935.19; See also R.C. § 2935.17) (‘74 Code, § 32.22)
PRELIMINARY EXAMINATION
§ 32.060 ANNOUNCEMENT OF CHARGE AND RIGHTS OF ACCUSED IN COURT.
   When, after arrest, the accused is taken before a court or magistrate, or when the accused appears pursuant to terms of summons or notice, the affidavit or complaint being first filed, the court or magistrate shall, before proceeding further:
   (A)   Inform the accused of the nature of the charge against him and the identity of the complainant and permit the accused or his counsel to see and read the affidavit or complaint or a copy thereof;
   (B)   Inform the accused of his right to have counsel and the right to a continuance in the proceedings to secure counsel;
   (C)   Inform the accused of the effect of pleas of guilty, not guilty, and no contest, of his right to trial by jury, and the necessity of making written demand therefor;
   (D)   If the charge be a felony, inform the accused of the nature and extent of possible punishment on conviction and of the right to preliminary hearing. Such information may be given to each accused individually or, if at any time there exists any substantial number of defendants to be arraigned at the same session, the judge or magistrate may, by general announcement or by distribution of printed matter, advise all those accused concerning those rights general in their nature, and informing as to individual matters at arraignment.
(R.C. § 2937.02) (‘74 Code, § 32.25)
§ 32.061 ARRAIGNMENT; COUNSEL; BAIL.
   After the announcement, as provided by R.C. § 2937.02 (§ 32.060 herein) the accused shall be arraigned by the magistrate, clerk, or prosecutor of the court reading the affidavit or complaint, or reading its substance, omitting purely formal parts, to the accused unless the reading of the affidavit or complaint is waived. The judge or magistrate shall then inquire of the accused whether the accused understands the nature of the charge. If the accused does not indicate understanding, the judge or magistrate shall give explanation in terms of the statute or ordinance claimed violated. If the accused is not represented by counsel and expresses a desire to consult with an attorney at law, the judge or magistrate shall continue the case for a reasonable time to allow the accused to send for or consult with counsel and shall set bail for the later appearance if the offense is bailable. If the accused is not able to make bail, bail is denied, or the offense is not bailable, the court or magistrate shall require the officer having custody of the accused immediately to take a message to any attorney at law within the municipal corporation where the accused is detained, or immediately to make available to accused use of a telephone for calling to arrange for legal counsel or bail.
(R.C. § 2937.03) (‘74 Code, § 32.26)
§ 32.062 MOTION FOR DISMISSAL; DISCHARGE; AMENDMENT OF COMPLAINT.
   (A)   If accused does not desire counsel or, having engaged counsel, appears at the end of granted continuance, he may then raise, by motion to dismiss the affidavit or complaint, any exception thereto which could be asserted against an indictment or information by motion to quash, plea in abatement, demurrer. Such motion may be made orally and ruled upon by the court or magistrate at the time of presentation, with minute of motion and ruling made in the journal (if a court of record) or on the docket (if a court not of record) or such motion may be presented in writing and set down for argument at later time. Where the motion attacks a defect in the record by facts extrinsic thereto, proof may be offered by testimony or affidavit.
(R.C. § 2937.04) (‘74 Code, § 32.27)
   (B)   If the motion pursuant to R.C. § 2937.04 (division (A) above) be sustained, accused shall be discharged unless the court or magistrate finds that the defect can be corrected without changing the nature of the charge, in which case he may order the complaint amended or a proper affidavit filed forthwith and require the accused to plead thereto. The discharge of accused upon the sustaining of a motion to dismiss shall not be considered a bar to further prosecution either of a felony or misdemeanor.
(R.C. § 2937.05) (‘74 Code, § 32.28)
Loading...