Legal Question in Criminal Law in Ohio

Being arrested for failure to appear when you appeared

Charged with Dog running at large, I was supposed to be in court today at 3:00, did not realize it until 3:30. Wife called court and explained. Arrived 45 minutes late. Was met by dog warden outside c/t room and told to have a seat. He went in judges chambers came back asked if I wanted to change plea to guilty. Said hell no. He returned to judges chambers Came back 20-25 minutes later with 2 officers and arrested me for failure to appear on this case. Is this legal?


Asked on 4/28/98, 12:20 am

1 Answer from Attorneys

Patrick A. T. West Ohio Ticket Defense Patrick A. T. West, Attorney at Law

Failure to appear

If you show up for court on the day set forthon the summons, even if you are late it is nota failure to appear. In all likelihood, yourcase would not have been heard at 3:30 anywaybecause the court had other cases to hear.

It sounds to me like false arrest, intimidatinga witness and obstruction of justice by thedog warden. I would fight it then sue thedog warden. Meanwhile, file a complaint withthe dog warden's boss or the county commissionersand see if you can get him fired.

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Answered on 5/19/98, 11:59 am


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