Westerville Mayor’s Court
Misdemeanor cases that are alleged violations of the Codified Ordinances of Westerville, Ohio are handled in the city’s Mayor’s Court. This is a local judicial forum that rules on traffic cases and criminal charges filed by the Westerville Division of Police.
The Mayor’s Court handles hearings and trials, although trials in this court are heard by a magistrate appointed by the mayor rather than a judge and jury. There are other differences between these types of court sessions and proceedings in Franklin County Municipal Court, but alleged offenders should understand that the possible consequences of a conviction or guilty plea in either court can be quite severe.
Westerville Mayor’s Court Lawyer
If you have an upcoming hearing at the Mayor’s Court in Westerville, remember that you have the right to bring legal counsel. Joslyn Law Firm has several years of experience handling various misdemeanor cases throughout Ohio, and Brian Joslyn fights to protect the rights of clients all over Franklin County, Delaware County, and surrounding areas.
Our Westerville Mayor’s Court attorney has been recognized as one of the Top 10 Criminal Defense Attorneys in Ohio by the National Academy of Criminal Defense Attorneys and one of the Top 100 Trial Lawyers in the country by the National Trial Lawyers. He can review your case and discuss your legal options when you call (614) 444-1900 today to schedule a free, confidential consultation.
At Joslyn Law Firm, we give each case our full attention, no matter who the client is or where they came from. Everyone gets the full benefit of our experience and our knowledge of the Westerville Mayor’s Court. Call us today.
Court Sessions in Westerville Mayor’s Court
Mayor’s Court in Westerville convenes every Wednesday of the month, unless the scheduled session falls on a holiday. In those cases, the mayor or magistrate will revise the schedule accordingly.
Hearings are generally scheduled as follows:
- 9 a.m. Pre-trials and traffic / criminal arraignments; and
- 10 a.m. Trials and compliance hearings.
Traffic arraignments generally involve offenses like speeding or reckless driving, while criminal cases can stem from such violations as misdemeanor drug crimes, disorderly conduct, and other alleged offenses. The Mayor’s Court also handles first offenses involving operating vehicle under the influence of alcohol or drugs (OVI).
Arraignments allow alleged offenders to hear the charges against them and enter pleas. If they plead guilty or no contest, then the court moves forward with sentencing. If they plead not guilty, then future dates are set for trials.
A trial in the Mayor’s Court in Westerville is not the same as a trial in the Franklin County or Delaware County Municipal Court. Instead of having their cases heard by a judge and jury of citizens, alleged offenders in the Mayor’s Court have their cases decided by the magistrate who has been appointed by the mayor.
Transfer Requests in Westerville Mayor’s Court
It is important for all alleged offenders to understand that they reserve the right to request transfers of their cases to the Delaware County or Franklin County Municipal Court at any time for any reason. Generally, there are three ways a transfer may be accomplished:
- By a request of the mayor or magistrate due to lack of jurisdiction;
- By a request for a record or jury trial by the alleged offender; or
- By an appeal after Mayor’s Court conviction (trial de novo) filed by the alleged offender.
Westerville Mayor’s Court Costs and Penalties
If an alleged offender is convicted or pleads guilty or no contest to the charges he or she faces, the Mayor’s Court can impose several court costs. The basic court costs are $80 in traffic cases and $70 in criminal cases. These are distributed as follows:
- $31.00 — General fund of the City of Westerville
- $10.00 — Court’s computerization fund
- $20.00 — Treasurer of the State of Ohio for deposit in the Indigent Defense Support Fund (IDSF)
- $9.00 — Treasurer of the State of Ohio for deposit in the state reparations account
- $1.50 — Treasurer of the State of Ohio for deposit in the state reparations account for indigent alcohol drivers’ treatment fund (does not apply to criminal cases)
- $5.00 — Treasurer of the State of Ohio for deposit in the state reparations account for indigent defense support fund (does not apply to criminal cases)
- $3.50 — Treasurer of the State of Ohio for deposit in the Ohio Criminal Justice Services (OCJS) indigent alcohol treatment fund (does not apply to criminal cases)
Violations Bureau waivers also include the fine and a $44 cost for traffic offenses or a $34 cost for criminal offenses. In addition to the basic court costs, the Mayor’s Court may also impose the following additional costs:
- $10.00 — Notices such as subpoenas and certified mail;
- $10.00 — Continuances;
- $15.00 — Summons;
- $25.00 — Each Time to pay agreement;
- $25.00 — Late Fee;
- $60.00 — Warrants;
- $25.00 — License Forfeiture fee;
- $25.00 — Warrant Block fee;
- $25.00 — Dishonored checks;
- $30.00 — Collection ($25 to collection agency and $5 to City General Fund);
- $30.00 — Processing fee (transfers, appeals, seat belts);
- $45.00 — Interpreting fee;
- $25.00 — Out-of-state license suspension;
- $20.00 — Expungement (city);
- $30.00 — Expungement (state);
- $50.00 — Processing application fee for expungements on “dismissals and Not guilty” cases;
- $20.00 — Plea offer record check;
- $150.00 — Plea Offer – Criminal;
- $75.00 — Plea Offer – Traffic;
- $200.00 — Probation – Reporting;
- $125.00 — Probation – Non-reporting;
- $50.00 — PNC “providing no convictions”;
- $25.00 — Bail Surcharge (state);
- $6.00 — Witness fee for half day of service plus mileage;
- $12.00 — Witness fee for full day of service plus mileage;
- $25.00 — Post conviction filing fee; and/or
- $50.00 — Trial Re-Scheduling Fee.
These court costs may be imposed in addition to the penalties established in Codified Ordinances of Westerville § 501.99. Under this statute, maximum penalties may include:
- Minor Misdemeanor — Fine up to $150 and restitution to alleged victim or any survivor of the victim;
- Fourth-Degree Misdemeanor — Up to 30 days in jail, fine of up to $250, and restitution to alleged victim or any survivor of the victim;
- Third-Degree Misdemeanor — Up to 60 days in jail, fine of up to $500, and restitution to alleged victim or any survivor of the victim;
- Second-Degree Misdemeanor — Up to 90 days in jail, fine of up to $750, and restitution to alleged victim or any survivor of the victim; or
- First-Degree Misdemeanor — Up to 180 days in jail, fine of up to $1,000, and restitution to alleged victim or any survivor of the victim.
People convicted of operating vehicle under the influence of alcohol or drugs (OVI) can also be subject to additional state mandated penalties, including suspension of their driver’s licenses or other sanctions, depending on the alleged offender’s blood alcohol level at the time of the alleged offense.
Offenses in the Westerville City Code
- Aggravated Assault (Westerville City Code § 503.03)
- Soliciting (Westerville City Code § 507.09)
- Criminal Mischief (Westerville City Code § 509.03)
- Criminal Trespass (Westerville City Code § 509.04)
- Theft (Westerville City Code § 513.03)
- Misuse of Credit Cards (Westerville City Code § 513.08)
- Disorderly Conduct (Westerville City Code § 517.03)
- Resisting Arrest (Westerville City Code § 521.06)
- Carrying Concealed Weapons (Westerville City Code § 523.02)
- Hypodermic Possession (Westerville City Code § 527.10)
Westerville Mayor’s Court Personnel
The Mayor’s Court in Westerville is located at:Westerville Mayor’s Court
21 South State Street
Westerville, Ohio 43081-2119
Personnel for the Mayor’s Court includes:
- Presiding Court Magistrate — James Fais
- Court Prosecutor — Michael Fultz (614) 882-2327
- Clerk of Court — Marisa L. Akamine (614) 901-6419
Common Questions About the Westerville Mayor’s Court
Will I have a criminal record because of a Mayor’s Court proceeding?
Yes. Even if you are not convicted, there will be court records, arrest records and/or the citation that will show up in background searches. If the charges against you are dismissed or you are not convicted, you are eligible to have them sealed. If convicted, you will be able to seal them a year after your sentence is completed.
Do I really need to hire a lawyer for a case in Mayor’s Court?
You really should. First, there are no public defenders or free lawyers in the Westerville Mayor’s Court. Second, you will not get off easy because you didn’t hire a lawyer. Prosecutors and judges may actually be tougher on you. Third, even if you believe you are guilty, a lawyer can evaluate your case and determine any challenges or defenses you may have available.
Can I get a jury trial in the Westerville Mayor’s Court?
No. If you hire us as a lawyer, we will review your case and determine whether it is best, strategically, to stay in Mayor’s Court or get a jury trial. If a jury trial is your best bet, we can move to transfer to Municipal Court. A defendant in Mayor’s Court may transfer for any time and for any reason.
Find the Best Mayor’s Court Lawyer in Westerville
Are you scheduled to appear in the Mayor’s Court because of a ticket or arrest by the Westerville Police? You should strongly consider having legal representation.
Joslyn Law Firm provides strong and knowledgeable legal defense for people throughout Delaware County, Franklin County, and surrounding areas. Call (614) 444-1900 right now to have our Westerville Mayor’s Court attorney review your case during a free consultation.