Preliminary hearings shall be conducted in accordance with Crim. R. 5(B).
The arraignment session duty judge or magistrate may grant a continuance of arraignment not to exceed seven (7) days from the original arraignment date. Additional continuances, without plea, may be granted only with the approval of the duty judge or magistrate upon good cause shown. Continuances allowed shall be scheduled on a specific date.
All first through fourth degree misdemeanors are pre-tried unless the defendant is incarcerated. On cases not automatically set for pre-trial, a written request must be filed.
Before assignment in misdemeanor cases, the arraignment session duty judge or magistrate may set any bail which is proper pursuant to the considerations listed in Crim. R. 46(F). If the arraignment session duty judge is unavailable, then any judge of the court may set proper bail. In those cases assigned to a judge, no judge shall set aside the bail set by the judge to whom the case is assigned, except in the absence of such judge and then only the Administrative Judge. In felony cases, bail shall be set by the criminal arraignment session duty judge.
Subpoenas shall be processed by the Clerk of Court from a praecipe filed by defense counsel. All other subpoenas are processed by the prosecuting attorney's office. The praecipe shall be filed at least five (5) days in advance of the trial date. Subpoenas shall be served as follows:
Crim. R. 12 shall be followed.
The Centralized Payment Division is established. The Clerk of Court is appointed to collect fines, give receipts therefore and render accounts of the Division and to accept guilty pleas. The Centralized Payment Division shall prominently display a statement of defendants' rights and a schedule of fines and costs. Upon a defendant's entry of a not guilty plea, the case shall be assigned for trial in accordance with DMCR 2.2.
All notice of appeal must be filed with the Clerk of Court, Criminal Division.
The Dayton Municipal Court has determined that offenders convicted of offering payment for prostitution services and other related offenses require special rehabilitative programs. The Dayton Municipal Court Probation Department has created a special program for this type of offender called “Johns School”. At Johns School, defendants learn the legal ramifications of their offenses; the dangers inherent with seeking prostitutes, including the potential health hazards; and the impact of their offenses on the community.
The Court finds that an additional fee of $250 is needed to cover the costs associated with Johns School and orders that this additional fee may be assessed to participating defendants pursuant to R.C. 1901.26(B)(1).
The Court has determined that defendants, who are charged with municipal income tax offenses, would benefit from a special diversion program allowing them to avoid criminal charges by paying their delinquent income taxes over an extended period of time.
Therefore, the Court, with the approval of the City of Dayton, has established the Taxpayer Diversion Program or “TDP”. All TDP cases shall be assigned to a particular session of court, pursuant to Ohio Sup.R. 36(C)(1)(h), and shall be heard pursuant to the Order of the Administrative Judge.
The Court finds that an additional fee of $125 is needed to cover the costs associated with the Taxpayer Diversion Program and orders that this additional fee be assessed to participating defendants, pursuant to R.C. 1901.26(B)(1).
P.O. Box 10700
301 West Third Street
Dayton, OH 45402
Office hours for the Clerk of Court are 8:00am to 4:30pm, Monday through Friday, excluding holidays, for the acceptance of case filings and payments. Traffic and Criminal payments can also be paid online at www.paymyfine.org.
Clerk of Court: