Phillipsburg Mayors Court
10868 Brookville-Phillipsburg Rd
Phillipsburg, OH 45354
Phillipsburg Mayor's Court
Phillipsburg, Ohio is a very small village in Montgomery County, Ohio. It is generally located in the Dayton Metropolitan area. According to the most recent U.S. Census, Phillipsburg has a population of about 557 people.
Phillipsburg Mayor Courts have jurisdiction over certain types of criminal and quasi-criminal cases. The Mayor's court hears cases including municipal ordinance violations, some criminal traffic violations, non-criminal traffic violations, and operating under the influence violations.
Attorney for Phillipsburg Mayor's Court in Phillipsburg, Ohio
If you or someone you know was arrested for a minor traffic offense or a misdemeanor criminal offense in Montgomery County, specifically in Phillipsburg, then contact an attorney to represent your interests in mayor court.
Our attorneys at Joslyn Law Firm understand the intricacies of mayor courts, we regularly practice in those courts, fighting for the rights of those accused of OVI, assault, traffic offenses and other misdemeanors.
Call (937) 356-3969 now to schedule a free consultation and learn more about how an experienced criminal defense attorney can help you in an Ohio Mayor's Court.
Our attorneys are accessible and available, ready to meet your needs. Our clients can call, text, or email. We are dedicated to providing the best possible defense.
Requirements of an Ohio Mayor's Court
According to the rules promulgated by the Ohio Supreme Court, which sets the standards and rules for all courtroom procedures for all courts in the State of Ohio, Mayor's courts must observe certain standards of courtroom conduct –although they are less formal than a traditional court.
Rule 11 of the Mayor's Court Education and Procedure Rules, entitled "Mayor's Court Facility Standards; Courtroom Conduct" explains that Mayor's courts should maintain an appropriate and dignified atmosphere and endeavor to serve the public properly.
According to Mayor Court procedure, it is the duty of the mayor to make sure that each defendant understands his or her rights and charges against them. Each defendant must be provided with a list of rights or must have those rights read to him or her.
If the defendant has been charged with a crime that could result in jail time and he or she is unable to afford an attorney, the mayor is responsible for appointing counsel unless the case is transferred.
Types of Cases in Phillipsburg Village Mayor's Court
The Ohio Supreme Court has been on the verge of finding Mayor Courts unconstitutional, but not yet ruled them unconstitutional. With that said, mayor courts may only have jurisdiction on certain kinds of cases in Ohio. These cases include the following:
- Traffic Violations – Harrison Mayor's Court decides moving violations such as failure to yield the right of way, speeding, failure to stop at a red light;
- Misdemeanors – Phillipsburg Mayor's Court may hear limited types of misdemeanors such as curfew violations, moving violations, public indecency, open containers, and even negligent homicide. However, the Mayor's Court cannot review domestic violence cases, violation of protective orders, stalking charges, or kidnapping cases, even when they are misdemeanors;
- Operating a Vehicle Under the Influence (OVI) – OVI charges include both alcohol and drugs. OVI cases include minors charged with operating a vehicle under the influence.
Penalties after Conviction in Phillipsburg Mayor's Court
The type of consequence handed down by the Harrison Mayor's court will depend on the classification of the offense charged. The penalties for misdemeanors settled in mayor's court include the following:
- Minor misdemeanor – no jail time and up to $150 fines.
- Fourth-degree misdemeanor – punishable by up to 30 days in jail and up to $250 fines.
- Third-degree misdemeanor – punishable by up to 60 days in jail and up to $500 fines.
- Second-degree misdemeanor – punishable by up to 90 days in the jail and up to $750 fines.
- First-degree misdemeanor – punishable by up to 180 days in jail and up to $1,000 fines.
FAQs about Ohio Mayor's Court
Mayor courts are rare entities, considering only Ohio and one other state maintains a system of mayor courts, individuals may find them difficult to understand. In any court proceeding, it is important to understand the process, and jurisdiction of that court.
Ohio Mayor's courts have limited jurisdiction so it may only preside over certain types of cases. Below are some of the most frequently asked questions about Phillipsburg Mayor Court.
What is Mayor's Court
Ohio Mayor's Courts are county courts created by the mayor's office in some municipalities throughout Ohio. The presiding officer of the court is a magistrate who is appointed by the mayor. Mayor's courts are not courts of record so the court proceedings are not available as factual evidence for appeal.
Mayor's courts exercise jurisdiction over most misdemeanors, traffic infractions and operating a vehicle while intoxicated cases.
How Does Mayor Court Work
Depending on the charge, the law enforcement agency will issue a citation to the alleged offender. The citation will generally have the appearance date, the amount of the fine, and the reason for the fine on the citation.
If the citation is not subject to high fines or jail time, then generally the offender pays the fine by the scheduled appearance. The alleged offender has the right to appear, however, and be heard before the court.
If the charge is a criminal charge that could subject an individual to jail time then formal charges are brought during the arraignment and the individual may enter his or her plea of guilty or not guilty.
Can You Appeal a Mayor's Court Decision?
Yes, but it is not really an appeal. If you are unhappy with a decision handed down by Phillipsburg Mayor's Court, then you may request to have your case heard in Municipal court. The difference is that with an appeal, the lower court record is used as evidence in the appeal. Mayor's courts are not courts of record, so if an individual has his or her case heard in Municipal court following an unfavorable decision, the Municipal court will review that case as if it had never previously been tried.
Do Mayors' Courts Have Jury Trials?
No. Phillipsburg Mayor Court, like all other mayor's courts, is not authorized to conduct jury trials. If an individual requests a trial by jury, then he or she must formally demand a jury trial and then the case will be removed to Municipal Court.
Find an Attorney in Phillipsburg Mayor's Court in Montgomery County, OH
If you or someone you know was recently issued a traffic citation, regardless of whether the citation required a court appearance, contact the experienced criminal defense attorneys of Joslyn Law Firm.
Having an experienced and dedicated litigator on your side even in Phillipsburg Mayor Court violations is invaluable.
Call (937) 356-3969 for more information and to schedule a no obligations consultation that will allow our Harrison Mayor's Court attorney to provide an honest and complete evaluation of your own case.
This article was last updated on Thursday, July 27, 2017.