Court Cases During the COVID19 Crisis
The Global COVID19 crisis has impacted all of us in so many ways, and the court system is no exception. Due to the pandemic, there have been many changes in the way court cases are being handled and speedy trial rights to protect the health of defendants, court staff and the public. The changes are in effect for different time periods and subject to change. People dealing with the court system should expect that business as usual will not resume until Governor DeWine declares that the Covid19 crisis is over.
How are Lima Courts handling cases during the COVID19 crisis?
The Lima Municipal Court and Allen County Court of Common Pleas are both open with restrictions. Only essential court personnel and defendants whose personal appearance is required will be allowed in the buildings. This means that if you are a defendant, you will only be able to bring a friend or family member with you on a very limited basis. The Lima Municipal Court is also requiring all persons in the building to wear a face mask. Both courts have made changes to how criminal, traffic and civil cases are handled during the crisis.
What can I expect for my criminal or traffic case during the COVID19 crisis?
If you have a criminal or traffic court case in Lima Municipal Court or the Allen County Court of Common Pleas, you can expect changes at all phases of the case: arraignment, pretrial and trial.
You may enter a Written Plea of Not Guilty instead of appearing for arraignment for all minor misdemeanor traffic and criminal offenses in the Lima Municipal Court. If you enter a Written Not Guilty plea, you will have to sign an appearance bond form. You will be required to appear in the Lima Municipal Court for arraignment on all other charges. The Allen County Court of Common Pleas is allowing all people out of custody to file Written Not Guilty Pleas. Defendants in custody will either appear for arraignment by video or file Written Not Guilty Pleas.
Pre Trials will be conducted by phone for all criminal cases in the Allen County Court of Common Pleas and for cases in which the Defendant has an attorney in the Lima Municipal Court.
The Lima Municipal Court will be conducting trials to the judge and all jury trials are suspended until June 2, 2020. Under the court’s most recent order, trials to the court and jury will resume on April 20th, 2020.
The Ohio legislature and the Ohio Supreme Court have tolled time limitations for criminal and traffic cases until July 30th, 2020 or the governor declares the state of emergency to be over, whichever comes sooner. This means that you do NOT have a right to a speedy trial even if you have not signed a time waiver.
What can I expect for civil cases during the COVID19 crisis- can I be garnished or evicted?
Yes, you can be garnished or evicted. The Lima Municipal Court has resumed processing evictions and wage garnishments effective May 4, 2020.
I’m here to help!
Inevitably, some Lima/Allen County area residents will need legal assistance with criminal, traffic or bankruptcy matters during the COVID19 crisis. Please don’t hesitate to contact Andrea Henning Law LLC if you need help.
Disclaimer:These policies are continually being evaluated and updated and the information in this article reflects policies in effect and information available as of May 4, 2020.