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The Criminal Division
is open between 8:00A.M. and 4:00P.M., Monday through Friday. Criminal
cases heard in the Gallipolis Municipal Court are misdemeanor charges that
carry a maximum penalty of twelve (12) months in jail and a maximum fine
of $1000.00. Criminal cases that carry a higher penalty may have a
preliminary hearing in this court to determine probable cause. If probable
cause is found final disposition will be heard and determined by the
Gallia County Common Pleas Court.
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WHAT
TO DO WHEN YOU APPEAR:
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Report to the Clerk’s
office and check in by properly identifying yourself;
1) Do not use a nickname or alias
2) Use the same spelling as listed on your paperwork
3) If your name or address is incorrect ADVISE the Court
so that it may
be corrected.
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WHAT
HAPPENS WHEN COURT STARTS:
Once Court convenes the Judge will
advise you of your rights and the four pleas that are available to you:
1) Guilty
2) No Contest
3) Not Guilty
4) Not Guilty by reason of insanity
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IF
YOU ENTER A GUILTY PLEA:
Guilty means that you admit to having done what you are charged with. It
is likely that you will be sentenced immediately. The Judge will take into
consideration your prior record if any, and the nature of the offense with
which you have been charged. Any determination of Fine and Cost will be
decided by the Judge at that time. (The violation bureau pay-out schedule
does not apply when you appear in Court)
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IF
YOU ENTER A NO CONTEST PLEA:
By pleading no contest you do not admit guilt and therefore no one can use
that plea against you in any subsequent trial or hearing whether it is
criminal or civil in nature. In a No Contest Plea you admit that the
allegations contained in the complaint or citation are true, but only for
the purpose of this hearing. If the Judge accepts your plea of no contest
and there are sufficient allegations contained in the citation, you will
probably be found guilty. The Judge will read the report of the officer
and listen to what you have to say by way of mitigation. In such a case,
it would be the Judge’s finding not your admission of guilt.
The Judge will take into consideration your prior record if any, and the
nature of the offense with which you have been charged. Any determination
of Fine and Cost will be decided by the Judge at that time. (The violation
bureau pay-out schedule does not apply when you appear in Court)
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IF
YOU ENTER A NOT GUILTY PLEA BY REASON OF INSANITY:
This plea is self explanatory except that it must be filed in writing.
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IF
YOU ENTER A NOT GUILTY PLEA:
Not Guilty means you deny having done one or more of the elements
contained in the offense or that you have a justifiable excuse for doing
what you have done. If you plead not guilty the matter will be set for
trial at some date in the future.
You may enter a not guilty plea in writing by appearing at Court prior to
your court date and seeing the assignment clerk.
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FAILURE
TO APPEAR:
Failure to appear in Court will result in the following actions by the
Court:
A warrant for arrest will issue for
failure to appear/contempt of Court. The warrant will be entered by the
respective police agency into the State of Ohio computer. When arrested
you will be required to post a cash bond to guarantee your appearance in
Court.
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THE OFFENSES LISTED BELOW DO NOT REQUIRE APPEARANCE. YOU MAY PAY IN PERSON OR
BY MAIL TO THE ADDRESS LISTED ABOVE. IF YOU WISH A RECEIPT ENCLOSE A SELF
ADDRESSED STAMPED ENVELOPE. IF NOT PAID WITHIN 30 DAYS OF COURT DATE, YOUR
LICENSE MAY BE SUBJECT TO FORFEITURE AND/OR A BENCH WARRANT MAY BE ISSUED. THERE
WILL BE ADDITIONAL FINE AND COURT COSTS ASSESSED TO LATE TICKETS. IF YOU WISH TO
CONTEST YOUR TICKET YOU MUST APPEAR ON THE COURT DATE ASSIGNED. WHEN SENDING
PAYMENT INCLUDE COPY OF THE TICKET AND IF YOU FAILED TO SHOW PROOF OF INSURANCE
YOU MUST SEND PROOF OF INSURANCE AS OF THE DATE THE CITATION WAS WRITTEN.
IF YOUR VIOLATION IS NOT LISTED OR YOU HAVE ANY QUESTIONS REGARDING THE COSTS
OF YOUR TICKET PLEAS CALL THE COURT.