reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2935 | Arrest, Citation, and Disposition Alternatives › Section 2935.02 | Accused May Be Arrested in Any County.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If an accused person flees from justice, or is not found in the county where a warrant for his arrest was issued, the officer holding the same may pursue and arrest him in any county in this state, and convey him before the magistrate or court of the county having cognizance of the case.
If such warrant directs the removal of the accused to the county in which the offense was committed, the officer holding the warrant shall deliver the accused to a court or magistrate of such county.
The necessary expense of such removal and reasonable compensation for his time and trouble, shall be paid to such officer out of the treasury of such county, upon the allowance and order of the county auditor.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2935 | Arrest, Citation, and Disposition Alternatives › Section 2935.031 | Motor Vehicle Pursuit Policy.

Effective:
March 14, 2003
Latest Legislation:
House Bill 675 - 124th General Assembly
Any agency, instrumentality, or political subdivision of the state that employs a sheriff, deputy sheriff, constable, marshal, deputy marshal, police officer, member of a metropolitan housing authority police force, state university law enforcement officer, or veterans' home police officer with arrest authority under section 2935.03 of the Revised Code or that employs other persons with arrest authority under the Revised Code, shall adopt a policy for the pursuit in a motor vehicle of any person who violates a law of this state or an ordinance of a municipal corporation. The chief law enforcement officer or other chief official of the agency, instrumentality, or political subdivision shall formally advise each peace officer or other person with arrest authority it employs of the pursuit policy adopted by that agency, instrumentality, or political subdivision pursuant to this section.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2935 | Arrest, Citation, and Disposition Alternatives › Section 2935.033 | Peace Officer May Assist Federal Officer Under Patriot Act.

Effective:
April 14, 2006
Latest Legislation:
Senate Bill 9 - 126th General Assembly
(A) Any peace officer may render assistance to any federal law enforcement officer who has arrest authority under the "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA Patriot Act) Act of 2001," Pub. L. No. 107-056, 115 Stat. 272, as amended, if both of the following apply:
(1) There is a threat of imminent physical danger to the federal law enforcement officer, a threat of physical harm to another person, or any other serious emergency situation present.
(2) Either the federal law enforcement officer requests emergency assistance or it appears that the federal law enforcement officer is unable to request assistance, and the circumstances reasonably indicate that assistance is appropriate.
(B) "Federal law enforcement officer" has the same meaning as in section 9.88 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2935 | Arrest, Citation, and Disposition Alternatives › Section 2935.04 | When Any Person May Arrest.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a felony has been committed, or there is reasonable ground to believe that a felony has been committed, any person without a warrant may arrest another whom he has reasonable cause to believe is guilty of the offense, and detain him until a warrant can be obtained.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2935 | Arrest, Citation, and Disposition Alternatives › Section 2935.05 | Filing Affidavit Where Arrest Without Warrant.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
When a person named in section 2935.03 of the Revised Code has arrested a person without a warrant, he shall, without unnecessary delay, take the person arrested before a court or magistrate having jurisdiction of the offense, and shall file or cause to be filed an affidavit describing the offense for which the person was arrested. Such affidavit shall be filed either with the court or magistrate, or with the prosecuting attorney or other attorney charged by law with prosecution of crimes before such court or magistrate and if filed with such attorney he shall forthwith file with such court or magistrate a complaint, based on such affidavit.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2935 | Arrest, Citation, and Disposition Alternatives › Section 2935.06 | Private Person Making Arrest.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
A private person who has made an arrest pursuant to section 2935.04 of the Revised Code or detention pursuant to section 2935.041 of the Revised Code shall forthwith take the person arrested before the most convenient judge or clerk of a court of record or before a magistrate, or deliver such person to an officer authorized to execute criminal warrants who shall, without unnecessary delay, take such person before the court or magistrate having jurisdiction of the offense. The officer may, but if he does not, the private person shall file or cause to be filed in such court or before such magistrate an affidavit stating the offense for which the person was arrested.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2935 | Arrest, Citation, and Disposition Alternatives › Section 2935.07 | Person Arrested Without Warrant Shall Be Informed of Cause of Arrest.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When an arrest is made without a warrant by an officer, he shall inform the person arrested of such officer's authority to make the arrest and the cause of the arrest.
When an arrest is made by a private person, he shall, before making the arrest, inform the person to be arrested of the intention to arrest him and the cause of the arrest.
When a person is engaged in the commission of a criminal offense, it is not necessary to inform him of the cause of his arrest.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2935 | Arrest, Citation, and Disposition Alternatives › Section 2935.08 | Issuance of Warrant.

Effective:
January 9, 1961
Latest Legislation:
House Bill 1 - 104th General Assembly
Upon the filing of an affidavit or complaint as provided in sections 2935.05 or 2935.06 of the Revised Code such judge, clerk, or magistrate shall forthwith issue a warrant to the peace officer making the arrest, or if made by a private person, to the most convenient peace officer who shall receive custody of the person arrested. All further detention and further proceedings shall be pursuant to such affidavit or complaint and warrant.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2935 | Arrest, Citation, and Disposition Alternatives › Section 2935.081 | Peace Officer to Administer Oath or Take Acknowledgment.

Effective:
March 23, 2018
Latest Legislation:
Senate Bill 33 - 132nd General Assembly
(A) As used in this section, "peace officer" has the same meaning as in section 2935.01 of the Revised Code, except that "peace officer" does not include, for any purpose, the superintendent or any trooper of the state highway patrol.
(B) A peace officer who has completed a course of in-service training that includes training in the administration of oaths and the acknowledgment of documents and that is approved by the chief legal officer of the political subdivision in which the peace officer is elected or of the political subdivision or other entity in which or by which the peace officer is appointed or employed may administer oaths and acknowledge criminal and juvenile court complaints, summonses, affidavits, and returns of court orders in matters related to the peace officer's official duties.
(C) A trooper of the state highway patrol who has completed a course of in-service training that includes training in the administration of oaths and the acknowledgment of documents and that is approved by the director of public safety may administer oaths and acknowledge criminal and juvenile court complaints, summonses, affidavits, and returns of court orders in matters related to the trooper's official duties.
(D) Except as authorized by division (B) or (C) of this section, no peace officer or trooper who has completed a course of in-service training of a type described in division (B) or (C) of this section shall knowingly perform any act that is specifically required of a notary public unless the peace officer or trooper has complied with Chapter 147. of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2935 | Arrest, Citation, and Disposition Alternatives › Section 2935.09 | Person Having Knowledge of Offense to File Affidavit - Official Review Before Complaint Filed.

Effective:
June 30, 2006
Latest Legislation:
House Bill 214 - 126th General Assembly
(A) As used in this section, "reviewing official" means a judge of a court of record, the prosecuting attorney or attorney charged by law with the prosecution of offenses in a court or before a magistrate, or a magistrate.
(B) In all cases not provided by sections 2935.02 to 2935.08 of the Revised Code, in order to cause the arrest or prosecution of a person charged with committing an offense in this state, a peace officer or a private citizen having knowledge of the facts shall comply with this section.
(C) A peace officer who seeks to cause an arrest or prosecution under this section may file with a reviewing official or the clerk of a court of record an affidavit charging the offense committed.
(D) A private citizen having knowledge of the facts who seeks to cause an arrest or prosecution under this section may file an affidavit charging the offense committed with a reviewing official for the purpose of review to determine if a complaint should be filed by the prosecuting attorney or attorney charged by law with the prosecution of offenses in the court or before the magistrate. A private citizen may file an affidavit charging the offense committed with the clerk of a court of record before or after the normal business hours of the reviewing officials if the clerk's office is open at those times. A clerk who receives an affidavit before or after the normal business hours of the reviewing officials shall forward it to a reviewing official when the reviewing official's normal business hours resume.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2935 | Arrest, Citation, and Disposition Alternatives › Section 2935.11 | Failure to Appear in Response to Summons.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
If the person summoned to appear as provided in division (B) of section 2935.10 of the Revised Code fails to appear without just cause and personal service of the summons was had upon him, he may be found guilty of contempt of court, and may be fined not to exceed twenty dollars for such contempt. Upon failure to appear the court or magistrate may forthwith issue a warrant for his arrest.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2935 | Arrest, Citation, and Disposition Alternatives › Section 2935.12 | Nonconsensual, Forcible Entry.

Effective:
November 20, 1990
Latest Legislation:
Senate Bill 258 - 118th General Assembly
(A) When making an arrest or executing an arrest warrant or summons in lieu of an arrest warrant, or when executing a search warrant, the peace officer, law enforcement officer, or other authorized individual making the arrest or executing the warrant or summons may break down an outer or inner door or window of a dwelling house or other building, if, after notice of his intention to make the arrest or to execute the warrant or summons, he is refused admittance, but the law enforcement officer or other authorized individual executing a search warrant shall not enter a house or building not described in the warrant.
(B) The precondition for nonconsensual, forcible entry established by division (A) of this section is subject to waiver, as it applies to the execution of a search warrant, in accordance with section 2933.231 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2935 | Arrest, Citation, and Disposition Alternatives › Section 2935.13 | Proceedings Upon Arrest Pursuant to Warrant.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
Upon the arrest of any person pursuant to warrant, he shall forthwith be taken before the court or magistrate issuing the same, if such court be in session or such magistrate available, and proceedings had as provided in sections 2937.01 to 2937.46, inclusive, of the Revised Code. If such court be not in session and a misdemeanor or ordinance violation is charged, he shall be taken before the clerk or deputy clerk of the court and let to bail, as provided in sections 2937.22 to 2937.46, inclusive, of the Revised Code, if the magistrate be not available, or if the defendant is arrested in a county other than that of the issuing court or magistrate he shall forthwith be taken before the most convenient magistrate, clerk, or deputy clerk of a court of record, and there let to bail for his appearance before the issuing court or magistrate within a reasonable time to be set by such clerk.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2935 | Arrest, Citation, and Disposition Alternatives › Section 2935.14 | Right to Communicate With Counsel.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
If the person arrested is unable to offer sufficient bail or, if the offense charged be a felony, he shall, prior to being confined or removed from the county of arrest, as the case may be, be speedily permitted facilities to communicate with an attorney at law of his own choice, or to communicate with at least one relative or other person for the purpose of obtaining counsel (or in cases of misdemeanors or ordinance violation for the purpose of arranging bail). He shall not thereafter be confined or removed from the county or from the situs of initial detention until such attorney has had reasonable opportunity to confer with him privately, or other person to arrange bail, under such security measures as may be necessary under the circumstances.
Whoever, being a police officer in charge of a prisoner, or the custodian of any jail or place of confinement, violates this section shall be fined not less than one hundred nor more than five hundred dollars or imprisoned not more than thirty days, or both.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2935 | Arrest, Citation, and Disposition Alternatives › Section 2935.15 | Bail Amount.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
Amount of bail, and nature of security therefor in misdemeanor cases may be set by a schedule fixed by the court or magistrate, or it may be endorsed on the warrant by the magistrate or clerk of the issuing court. If the amount be not endorsed on the warrant, the schedule set by the court or magistrate before whom bail is taken shall prevail. All recognizances taken, or cash received shall be promptly transmitted to the court issuing the warrant, and further proceedings thereon shall be the same as if taken by the issuing court.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2935 | Arrest, Citation, and Disposition Alternatives › Section 2935.16 | Prisoner Held Without Process.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
When it comes to the attention of any judge or magistrate that a prisoner is being held in any jail or place of custody in his jurisdiction without commitment from a court or magistrate, he shall forthwith, by summary process, require the officer or person in charge of such jail or place of custody to disclose to such court or magistrate, in writing, whether or not he holds the person described or identified in the process and the court under whose process the prisoner is being held. If it appears from the disclosure that the prisoner is held solely under warrant of arrest from any court or magistrate, the judge or magistrate shall order the custodian to produce the prisoner forthwith before the court or magistrate issuing the warrant and if such be impossible for any reason, to produce him before the inquiring judge or magistrate. If it appears from the disclosure that the prisoner is held without process, such judge or magistrate shall require the custodian to produce the prisoner forthwith before him, there to be charged as provided in section 2935.06 of the Revised Code.
Whoever, being the person in temporary or permanent charge of any jail or place of confinement, violates this section shall be fined not less than one hundred nor more than five hundred dollars or imprisoned not more than ninety days, or both.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2935 | Arrest, Citation, and Disposition Alternatives › Section 2935.17 | Form of Affidavit.

Effective:
May 9, 2000
Latest Legislation:
House Bill 495 - 123rd General Assembly
(A) An affidavit in either of the following forms is sufficient:
(1) "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 as nearly according to the nature thereof as the case will admit, in ordinary concise language) C.D.
Sworn to and subscribed before me this ________ day of __________, ____
A.B., County Judge
Clerk of _____________ Court"
(2) "State of Ohio,
___________________________ County, ss:
Before me, A.B., personally came C.D., who being duly sworn according to law says that on or about the ______ day of _________, ____, one E.F. did: (here listing several common offenses, plainly but tersely described as: fail to stop at stop sign, pass at crest of grade, etc., with a ruled box before each, and then showing an X or distinctive mark in front of the offense claimed to be committed). C.D.
Sworn to before me and subscribed in my presence this ________ day of ________, ____
A.B., County Judge
Clerk of _____________ Court"
(B) A complaint in the following form is sufficient:
"State of Ohio,
___________________________ County, ss:
The undersigned (assistant) prosecuting attorney of __________ County complains that on or about the _____ day of _____________, ____, one E.F. did (here describing the offense committed as above) based on affidavit of __________________ filed with me.
______________________________
Prosecuting Attorney/City
Director of Law"
Provided, that the supreme court of Ohio, may, by rule, provide for the uniform type and language to be used in any affidavit or complaint to be filed in any court inferior to the court of common pleas for violations of the motor vehicle and traffic acts and related ordinances and in any notice to violator to appear in such courts, and may require that such forms and no other, shall be received in such courts, and issued to violators.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2935 | Arrest, Citation, and Disposition Alternatives › Section 2935.18 | Form of Warrant, Summons or Notice.

Effective:
May 9, 2000
Latest Legislation:
House Bill 495 - 123rd General Assembly
A warrant, summons, or notice of a peace officer shall either contain a copy of the affidavit or recite the substance of the accusation. A warrant shall be directed to a specific officer or to a department designated by its chief, and shall command such officer or member of department to take the accused and bring the accused forthwith before the magistrate or court issuing such warrant to be dealt with according to law. A summons shall be directed to the officer or department, and shall command the officer or department to notify the accused by serving a copy of such summons upon the accused. The following form of warrant is sufficient:
"The State of Ohio,
_________________________ County, ss:
To the Sheriff (other Officer):
Greetings:
Whereas there has been filed with me an affidavit of which the following is a copy (here copy) or the substance, (here set forth the substance, omitting formal parts). These are therefore to command you to take the said E.F., if E.F. is found in your county, or if E.F. is not found in your county, that you pursue after E.F. in any other county in this state and take and safely keep the said E.F. so that you have E.F. forthwith before me or some other magistrate of said county to answer the said complaint and be further dealt with according to law.
Given under my hand this ______ day of ________, _____
A.B., Judge of __________ Court
Clerk of ___________ Court
The following form of summons is sufficient:
"The State of Ohio, ____________________ County, ss:
To the Bailiff or ____________________ Constable:
Whereas there has been filed before me an Affidavit (Complaint) of which the following is a copy (here copy) or the substance (here set forth the substance, omitting formal parts). You are commanded to summon one said E.F. to appear before me on the ________ day of __________, _____, at ________ o'clock, _____ M., at __________ Building, ____________________, Ohio, to answer to said charge.
You will make due return of this summons forthwith upon service.
A.B., Judge of __________ Court
Clerk of __________ Court
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2935 | Arrest, Citation, and Disposition Alternatives › Section 2935.19 | Form of Affidavit.

Effective:
May 9, 2000
Latest Legislation:
House Bill 495 - 123rd General Assembly
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 ________________________, _____
A.B., Judge"
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2935 | Arrest, Citation, and Disposition Alternatives › Section 2935.20 | Right to Counsel.

Effective:
November 1, 1965
Latest Legislation:
House Bill 471 - 106th General Assembly
After the arrest, detention, or any other taking into custody of a person, with or without a warrant, such person shall be permitted forthwith facilities to communicate with an attorney at law of his choice who is entitled to practice in the courts of this state, or to communicate with any other person of his choice for the purpose of obtaining counsel. Such communication may be made by a reasonable number of telephone calls or in any other reasonable manner. Such person shall have a right to be visited immediately by any attorney at law so obtained who is entitled to practice in the courts of this state, and to consult with him privately. No officer or any other agent of this state shall prevent, attempt to prevent, or advise such person against the communication, visit, or consultation provided for by this section.
Whoever violates this section shall be fined not less than twenty-five nor more than one hundred dollars or imprisoned not more than thirty days, or both.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2935 | Arrest, Citation, and Disposition Alternatives › Section 2935.21 | Security for Costs.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the offense charged is a misdemeanor, the magistrate or court, before issuing the warrant, may require the complainant, or if the magistrate considers the complainant irresponsible, may require that said complainant procure a person to be liable for the costs if the complaint is dismissed, and the complainant or other person shall acknowledge himself so liable, and such court or magistrate shall enter such acknowledgment on his docket. Such bond shall not be required of an officer authorized to make arrests when in the discharge of his official duty, or other person or officer authorized to assist the prosecuting attorney in the prosecution of offenders.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2935 | Arrest, Citation, and Disposition Alternatives › Section 2935.23 | Witnesses in Felony Investigations.

Effective:
January 1, 1974
Latest Legislation:
House Bill 511 - 109th General Assembly
After a felony has been committed, and before any arrest has been made, the prosecuting attorney of the county, or any judge or magistrate, may cause subpoenas to issue, returnable before any court or magistrate, for any person to give information concerning such felony. The subpoenas shall require the witness to appear forthwith. Before such witness is required to give any information, he must be informed of the purpose of the inquiry, and that he is required to tell the truth concerning the same. He shall then be sworn and be examined under oath by the prosecuting attorney, or the court or magistrate, subject to the constitutional rights of the witness. Such examination shall be taken in writing in any form, and shall be filed with the court or magistrate taking the testimony. Witness fees shall be paid to such persons as in other cases.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2935 | Arrest, Citation, and Disposition Alternatives › Section 2935.24 | Service of Arrest Warrant by Electronic Means.

Effective:
June 19, 1978
Latest Legislation:
House Bill 588 - 112th General Assembly
A judge of a court of record may, by an endorsement under his hand upon a warrant of arrest, authorize the service thereof by telegraph, teletype, wire photo, or other means whereby a written or facsimile copy may be transmitted, and thereafter a copy of such warrant may be sent by any such means to any law enforcement officer. Such copy is effectual in the hands of any law enforcement officer and he shall proceed in the same manner under it as though he held the orginal warrant issued by the court making the endorsement, except that a state university law enforcement officer shall not arrest for a minor misdemeanor on the basis of a written or facsimile copy of a warrant of arrest. Every officer causing copies of warrants to be sent pursuant to this section, shall certify as correct and file in the office from which such warrant was sent, a copy of such warrant and endorsement thereon, and shall return the original with a statement of his action thereunder.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2935 | Arrest, Citation, and Disposition Alternatives › Section 2935.25 | Power of Arrest.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Sections 2935.02 to 2935.24, inclusive, of the Revised Code do not affect or modify the power of arrest vested by law in other persons or officers than those named in section 2935.03 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2935 | Arrest, Citation, and Disposition Alternatives › Section 2935.28 | Names of Traffic Law Violators Damaging Real Property to Be Provided to Owner.

Effective:
March 14, 1985
Latest Legislation:
House Bill 666 - 115th General Assembly
(A) As used in this section, "motor vehicle" has the same meaning as in section 4501.01 of the Revised Code.
(B) If damage is caused to real property by the operation of a motor vehicle in, or during the, violation of any section of the Revised Code or of any municipal ordinance, the law enforcement agency that investigates the case, upon request of the real property owner, shall provide the owner with the names of the persons who are charged with the commission of the offense. If a request for the names is made, the agency shall provide the names as soon as possible after the persons are charged with the offense.
(C) The personnel of law enforcement agencies who act pursuant to division (B) of this section in good faith are not liable in damages in a civil action allegedly arising from their actions taken pursuant to that division. Political subdivisions and the state are not liable in damages in a civil action allegedly arising from the actions of personnel of their law enforcement agencies if the personnel have immunity under this division.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2935 | Arrest, Citation, and Disposition Alternatives › Section 2935.29 | Definition of Fresh Pursuit and State.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
As used in sections 2935.30 and 2935.31 of the Revised Code:
(A) "Fresh pursuit" includes fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony. It includes the pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed. Fresh pursuit does not necessarily imply instant pursuit, but pursuit without unreasonable delay.
(B) "State" includes the District of Columbia.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2935 | Arrest, Citation, and Disposition Alternatives › Section 2935.30 | Authority of Foreign Police.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any member of an organized state, county, or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest him on the ground that he is believed to have committed a felony in such other state has the same authority to arrest and hold such person in custody as has any member of any organized state, county, or municipal peace unit of this state to arrest and hold in custody a person on the ground that he is believed to have committed a felony in this state.
This section does not make unlawful any arrest in this state which would otherwise be lawful.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2935 | Arrest, Citation, and Disposition Alternatives › Section 2935.31 | Hearing Before Magistrate in County of Arrest.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If an arrest is made in this state by an officer of another state under section 2935.30 of the Revised Code, he shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful be shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state, or admit him to bail for such purposes. If the magistrate determines that the arrest was unlawful he shall discharge the person arrested.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2935 | Arrest, Citation, and Disposition Alternatives › Section 2935.32 | Broadcasting Information of Crime.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The board of county commissioners or the prosecuting attorney of any county, with the consent of the court of common pleas, may contract with any company engaged in broadcasting by radio, for the purpose of immediate broadcasting of information concerning any violent felony, when the perpetrator thereof has escaped. The sheriff and heads of police departments, immediately upon the commission of any such felony and the escape of such perpetrator, shall furnish all information concerning said crime and the perpetrator thereof, to said company with which such contract may be made, for the purpose of broadcasting. The reasonable cost of such broadcasting shall be paid by the county, out of the county treasury, on the order of the board.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.01 | Preliminary Examination - Bail Definitions.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
The definition of "magistrate" set forth in section 2931.01 of the Revised Code, and the definitions of "peace officer," "prosecutor," and "offense" set forth in section 2935.01 of the Revised Code apply to Chapter 2937. of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.02 | Court to Inform Defendant of Charge and Rights.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 207 - 130th General Assembly
(A) 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:
(1) Inform the accused of the nature of the charge and the identity of the complainant and permit the accused or counsel for the accused to see and read the affidavit or complaint or a copy of the affidavit or complaint;
(2) Inform the accused of the right to have counsel and the right to a continuance in the proceedings to secure counsel;
(3) Inform the accused of the effect of pleas of guilty, not guilty, and no contest, of the right to trial by jury, and the necessity of making written demand for trial by jury;
(4) If the charge is a felony, inform the accused of the nature and extent of possible punishment on conviction and of the right to preliminary hearing;
(5) If the charge is a violation of section 2907.02 or 2907.03 of the Revised Code, inform the accused that a conviction of or plea of guilty to the violation may result in the following:
(a) In accordance with sections 3109.50 to 3109.507 of the Revised Code, the termination, denial, or limitation, as applicable, of the following:
(i) The accused's parental rights with respect to a child conceived as a result of the violation;
(ii) The rights of a relative of the accused with respect to a child conceived as a result of the violation.
(b) The granting of a petition to adopt a child conceived as a result of the violation without the accused's consent as described in division (F) of section 3107.07 of the Revised Code;
(c) The termination of the accused's, and the accused's relative's, eligibility to inherit from a child conceived as a result of the violation or the child's lineal descendants pursuant to section 2105.062 of the Revised Code.
(B) The court or magistrate may give the information provided pursuant to division (A) of this section 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.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.03 | Arraignment - Explanation of Rights.

Effective:
July 29, 1999
Latest Legislation:
Senate Bill 8 - 123rd General Assembly
After the announcement, as provided by section 2937.02 of the Revised Code, 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 the accused use of a telephone for calling to arrange for legal counsel or bail.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.04 | Motion to Dismiss Complaint or Affidavit.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
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, or 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.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.05 | Discharge of Defendant - Amendment of Complaint.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
If the motion pursuant to section 2937.04 of the Revised Code 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 felony or misdemeanor.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.06 | Pleas - Advice as to Effects of Plea.

Effective:
July 1, 1996
Latest Legislation:
Senate Bill 2 - 121st General Assembly
(A) After all motions are disposed of or if no motion is presented, the court or magistrate shall require the accused to plead to the charge.
(1) In cases of felony, only a plea of not guilty or a written plea of guilty shall be received and if the defendant declines to plead, a plea of not guilty shall be entered for the defendant and further proceedings had as set forth in sections 2937.09 to 2937.12 of the Revised Code.
(2) In cases of misdemeanor, the following pleas may be received:
(a) Guilty;
(b) Not guilty;
(c) No contest;
(d) Once in jeopardy, which includes the defenses of former conviction or former acquittal.
(B) Prior to accepting a plea of guilty or a plea of no contest under division (A) of this section, the court shall comply with sections 2943.031 and 2943.032 of the Revised Code.
(C) Entry of any plea pursuant to this section shall constitute a waiver of any objection that could be taken advantage of by motion pursuant to section 2937.04 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.07 | Court Action on Pleas of Guilty and No Contest in Misdemeanor Cases.

Effective:
September 17, 2010
Latest Legislation:
House Bill 338 - 128th General Assembly
If the offense is a misdemeanor and the accused pleads guilty to the offense, the court or magistrate shall receive and enter the plea unless the court or magistrate believes that it was made through fraud, collusion, or mistake. If the court or magistrate believes that it was made through fraud, collusion, or mistake, the court or magistrate shall enter a plea of not guilty and set the matter for trial pursuant to Chapter 2938. of the Revised Code. Upon receiving a plea of guilty, the court or magistrate shall call for an explanation of the circumstances of the offense from the affiant or complainant or the affiant's or complainant's representatives unless the offense to which the accused is pleading is a minor misdemeanor in which case the court or magistrate is not required to call for an explanation of the circumstances of the offense. After hearing the explanation of circumstances, together with any statement of the accused or after receiving the plea of guilty if an explanation of the circumstances of the offense is not required, the court or magistrate shall proceed to pronounce the sentence or shall continue the matter for the purpose of imposing the sentence.
A plea to a misdemeanor offense of "no contest" or words of similar import shall constitute an admission of the truth of the facts alleged in the complaint and that the judge or magistrate may make a finding of guilty or not guilty from the explanation of the circumstances of the offense. If the offense to which the accused is entering a plea of "no contest" is a minor misdemeanor, the judge or magistrate is not required to call for an explanation of the circumstances of the offense, and the judge or magistrate may base a finding on the facts alleged in the complaint. If a finding of guilty is made, the judge or magistrate shall impose the sentence or continue the case for sentencing accordingly. A plea of "no contest" or words of similar import shall not be construed as an admission of any fact at issue in the criminal charge in any subsequent civil or criminal action or proceeding.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.08 | Court Action on Pleas of Not Guilty or Once in Jeopardy in Misdemeanor Cases.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
Upon a plea of not guilty or a plea of once in jeopardy, if the charge be a misdemeanor in a court of record, the court shall proceed to set the matter for trial at a future time, pursuant to Chapter 2938. of the Revised Code, and shall let accused to bail pending such trial. Or he may, but only if both prosecutor and accused expressly consent, set the matter for trial forthwith.
Upon the entry of such pleas to a charge of misdemeanor in a court not of record, the magistrate shall forthwith set the matter for future trial or, with the consent of both state and defendant may set trial forthwith, both pursuant to Chapter 2938. of the Revised Code, provided that if the nature of the offense is such that right to jury trial exists, such matter shall not be tried before him unless the accused, by writing subscribed by him, waives a jury and consents to be tried by the magistrate.
If the defendant in such event does not waive right to jury trial, then the magistrate shall require the accused to enter into recognizance to appear before a court of record in the county, set by such magistrate, and the magistrate shall thereupon certify all papers filed, together with transcript of proceedings and accrued costs to date, and such recognizance if given, to such designated court of record. Such transfer shall not require the filing of indictment or information and trial shall proceed in the transferee court pursuant to Chapter 2938. of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.09 | Court Action on Pleas in Felony Cases.

Effective:
January 9, 1961
Latest Legislation:
House Bill 1 - 104th General Assembly
If the charge is a felony, the court or magistrate shall, before receiving a plea of guilty, advise the accused that such plea constitutes an admission which may be used against him at a later trial. If the defendant enters a written plea of guilty or, pleading not guilty, affirmatively waives the right to have the court or magistrate take evidence concerning the offense, the court or magistrate forthwith and without taking evidence may find that the crime has been committed and that there is probable and reasonable cause to hold the defendant for trial pursuant to indictment by the grand jury, and, if the offense is bailable, require the accused to enter into recognizance in such amount as it determines to appear before the court of common pleas pursuant to indictment, otherwise to be confined until the grand jury has considered and reported the matter.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.10 | Setting Preliminary Hearing for Felony Cases.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
If the charge be a felony and there be no written plea of guilty or waiver of examination, or the court or magistrate refuses to receive such waiver, the court or magistrate, with the consent of the prosecutor and the accused, may set the matter for hearing forthwith, otherwise he shall set the matter for hearing at a fixed time in the future and shall notify both prosecutor and defendant promptly of such time of hearing.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.12 | Preliminary Hearing - Presentation of Case of Accused.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
(A) At the conclusion of the presentation of the state's case accused may move for discharge for failure of proof or may offer evidence on his own behalf. Prior to the offering of evidence on behalf of the accused, unless accused is then represented by counsel, the court or magistrate shall advise accused:
(1) That any testimony of witnesses offered by him in the proceeding may, if unfavorable in any particular, be used against him at later trial;
(2) That accused himself may make a statement, not under oath, regarding the charge, for the purpose of explaining the facts in evidence;
(3) That he may refuse to make any statement and such refusal may not be used against him at trials;
(4) That any statement he makes may be used against him at trial.
(B) Upon conclusion of all the evidence and the statement, if any, of the accused, the court or magistrate shall either:
(1) Find that the crime alleged has been committed and that there is probable and reasonable cause to hold or recognize defendant to appear before the court of common pleas of the county or any other county in which venue appears, for trial pursuant to indictment by grand jury;
(2) Find that there is probable cause to hold or recognize defendant to appear before the court of common pleas for trial pursuant to indictment or information on such other charge, felony or misdemeanor, as the evidence indicates was committed by accused;
(3) Find that a misdemeanor was committed and there is probable cause to recognize accused to appear before himself or some other court inferior to the court of common pleas for trial upon such charge;
(4) Order the accused discharged from custody.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.13 | Finding of Presence of Substantial Credible Evidence.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
In entering a finding, pursuant to section 2937.12 of the Revised Code, the court, while weighing credibility of witnesses, shall not be required to pass on the weight of the evidence and any finding requiring accused to stand trial on any charge shall be based solely on the presence of substantial credible evidence thereof. No appeal shall lie from such decision nor shall the discharge of defendant be a bar to further prosecution by indictment or otherwise.