Legal Question in Criminal Law in Ohio

I was falsely charged with disorderly conduct in a township. I had my dates mixed and missed court. When I showed again, I was told that because I didn't show the officer was unavailable and found guilty. I later found that the truth was there was the accusing officer no longer worked for them. Can I have this conviction set aside.

Asked on 8/14/13, 5:24 pm

1 Answer from Attorneys

Eric Willison Law Office of Eric E. Willison

In Ohio, when someone does not show up for trial, it is not typical to find the person guilty in absentia. Rather, a warrant is filed for the person's arrest and the next time the person comes into contact with law enforcement, the LEADS system flags them for arrest and they are brought before the court for trial that way.

If the officer did not show up for trial (regardless of the reason for his being absent), then there could be no evidence of your crime. You should file a motion to set aside the ruling and an appeal. If you were in a mayors court, you should file a motion to transfer the case to the regular division of the municipal court covering your area.

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Answered on 8/14/13, 6:48 pm

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