Delaware Municipal Court – Delaware, OH

Oct 26, 2021

A municipal court is a court with restrictive area of authority over criminal charges and civil disputes within its geographic area. These courts can be found at the city or county tier.

Delaware Municipal Court INformation

Court: Delaware Municipal Court
Address: “Delaware Justice Center 70 N Union St, Delaware, OH 43015”
Phone: 740-203-1560

City: Delaware
County: Delaware
State: Ohio

What is the purpose of the Delaware Municipal Court?

Municipal Courts are commonly called “courts of limited jurisdiction.” Which means that they deal with minor crimes, civil cases, and traffic violations. Courts like Delaware Municipal Court are the first level of court for these types of cases.

In other situations, the role of a county court is to deal with a large number of civil disputes within the respective region. Most cases involve family matters, injury cases, more serious criminal charges, or contract disputes.

County courthouses have the jurisdiction to deal with misdemeanors and civil matters that can’t exceed the amount of $15k, while the circuits courts handle felony cases and larger civil matters.

TYPES OF CASES adjudicated IN A MUNICIPAL COURT in Delaware, Ohio

Municipal courts are the entry level of courts in the United States. They are usually found within the jurisdiction where they are located, but some locales share municipal courts with other municipalities.

This can be done to better help their population or to save money on overhead costs. The cases that may be heard by a municipal court can change based on on the municipality, but typically include traffic crimes, low level criminal charges and code violations.

There is no set definition for what constitutes a misdemeanor charge versus a felony charge, but generally speaking felonies would require more time in jail than misdemeanor crimes and fines may also be higher for felonies. Traffic violations usually result in points against your driver’s license as well

How are cases handled in the municipal court in Delaware?

Municipal courts are the entry level of the court system in the United States. They have jurisdiction over minor crimes, traffic crimes, and other civil matters. Municipal courts are have often been called city courts or town courts. Matters are handled by a magistrate who is usually a lawyer, judge, or retired judge. Magistrates may be appointed by the mayor or city council members to serve for a specific time.

Magistrates manage hearings to determine:

Probable cause for an arrest
Set bail amounts and terms of release
Conduct arraignment hearings when charges are filed against defendants by police officers
Issue search warrants to police officers in order to secure evidence from crime locations
start preliminary inquiries to establish if there is enough evidence to mount a charge

The usual process of a Municipal Court Case

The common path of a municipal courthouse case can be complicated. The next portion is an overview of the most common steps involved in a typical municipal court case.

First Step: An Issuance of Summons

A court summons is issued when a person has been charged with violating a city ordinance or state law. The person who has received the court summons will need to appear at their assigned time and location, which is usually the municipal courtroom, to answer for the charge(s) against them. If they never appear, they may be found guilty anyways and could be fined up to $1,000.00 or given a jail sentence if it’s a serious enough offense.

Second Step: Appearance before Judge or Magistrate

If someone fails to show up after being summoned by the judge, there may be a warrant issued for the person.

Municipal Court Penalties in Delaware, OH

Penalties change often, which is why it’s best to speak with licensed attorney near you. The information below represents common penalties, but may not be accurate for the Delaware Municipal Court.

A violation is an offense that has a penalty of $500 or below, while a misdemeanor crime can possess penalties up to $1000 or one year in local jail. A person’s driving privileges may be suspended for six months if they receive three speeding tickets within 12 months.

The penalties for different charges in municipal courthouses vary depending on the severity of an charges. For example, if you are caught with marijuana without having a medical prescription for it then you will be fined up to $2,000 or spend up to six months in jail.

Delaware Municipal Court Records

Municipal Court records from a municipal government may be difficult to find because they are not always stored in one place or system. The records that an individual might need to depend on the matter they have before the court, what stage it is at in the process, and what type of information is required by law to be available.

FAQs ABOUT the Delaware Municipal Court

What is municipal court in Delaware, Ohio?

In Ohio, the municipal court is a lower court with civil and criminal jurisdiction within a city or municipality. Municipal courts have a small location and have limited authority as well, dealing only with petty offenses and misdemeanors.

What does the municipal court handle in Delaware, Ohio?

Depending on the scope of the municipality, a municipal court can handle a civil division (cases with less than $15,000 at issue), a traffic/criminal division, or a housing and environmental division. More serious cases/crimes are deal with by higher authorities.

How many judges does the Delaware Municipal Court have?

The number of judges depends on the municipality’s population.

How are cases heard in municipal courts in Ohio?

A municipal courthouse judge may be either elected or appointed to serve for a set term of years or until retirement. Judges are commonly chosen by precincts with each precinct’s results judged according to population. Municipal judges are often not lawyers but have some legal training and must complete multiple hours of ongoing education every year to maintain their credentials.