Court Process & Plea Descriptions

Citations Not Requiring Court Appearance

Most Minor Misdemeanor and Fourth Degree Misdemeanor traffic charges have the option of paying a fine instead of going to court. Examples of these offenses are first offense speed, assured clear distance, expired license plates, not wearing seat belts. To find out the amount of fines and costs, please call the Mayor's Court.  These are to be paid on or prior to the arraignment hearing by admitting guilt and paying the total amount of fines and costs listed.

Citations Requiring Court Appearance

The remaining Minor Misdemeanor and Fourth Degree Misdemeanor charges, plus all third, second, and first degree misdemeanor charges require a court appearance. Examples of these include DUI, driving under suspension, possession of drugs and drug paraphernalia, and having 3 or more moving violations in a 12 month period.  Most of these charges are cited into Mahoning County Court #5, 82 North Broad Street, Canfield.

Transfer of Case to County Court

A defendant may request a transfer of the case to Mahoning County Court #5 prior to arraignment for any of the following reasons: (1) conflict of interest with the presiding judge, (2) the violation is subject to jail time, or (3) the defendant is entitled to a jury trial. If the case does not comply with any of these reasons, the case will remain in Mayor's Court.

Arraignment Hearing

This serves as the first opportunity for the defendant to see someone about their case.  At this time, the defendant will be allowed to enter a pea to the charges. All defendants are advised of their rights to have an attorney represent them, or they may choose to represent themselves.  The right to representation by an attorney may be used at any time during the process and at any hearings.

Pre-Trial

If a defendant pleads not guilty at the arraignment, a later date will be set for a pre-trial. A not-guilty plea and waiver of a speedy trial form is required with the defendant's signature and the signature of the clerk of court.   You will be given a continuance notice with the new court date and time.  On pre-trial night, the Prosecuting attorney will discuss your case with you and you will be able to present witnesses and/or evidence to prove the case. All defendants have the right to be represented by an attorney at this and any subsequent hearings.

Trial

If a case is not concluded after the pre-trial a trial date will be set.  At this time the  defendant will again present their witnesses and/or evidence for the case and the arresting officer is called to present his case, including (but not limited to) evidence such a mobile video recordings, radar readings, etc. to the prosecuting attorney and presiding judge.  The defendant has the right to be represented by an attorney at this time.  

Guilty Plea

The plea of guilty is a complete admission of the defendant's guilt.

No Contest Plea

The plea of No Contest is not an admission of guilt, but is an admission of the truth of the facts alleged in the information or complaint, and such a plea of admission will not be used against the defendant in any subsequent civil or criminal proceedings.

Not Guilty Plea

The plea of Not Guilty is a denial of legal guilt, and the case will be set for pre-trial on a later date.