Ohio § 2935.26
Full text of Ohio Ohio Revised Code § 2935.26, with citation guidance and answers to common questions.
§ 2935.26.
(A) Notwithstanding any other provision of the Revised Code, when a law enforcement officer
is otherwise authorized to arrest a person for the commission of a minor misdemeanor,
the officer shall not arrest the person, but shall issue a citation, unless one of
the following applies: (1) The offender requires medical care or is unable to provide for the offender's own
safety. (2) The offender cannot or will not offer satisfactory evidence of the offender's identity. (3) The offender refuses to sign the citation. (4) The offender has previously been issued a citation for the commission of that misdemeanor
and has failed to do one of the following: (a) Appear at the time and place stated in the citation; (b) Comply with division (C) of this section. (B) The citation shall contain all of the following: (1) The name and address of the offender; (2) A description of the offense and the numerical designation of the applicable statute
or ordinance; (3) The name of the person issuing the citation; (4) An order for the offender to appear at a stated time and place; (5) A notice that the offender may comply with division (C) of this section in lieu of
appearing at the stated time and place; (6) A notice that the offender is required to do one of the following and that the offender
may be arrested if the offender fails to do one of them: (a) Appear at the time and place stated in the citation; (b) Comply with division (C) of this section. (C) In lieu of appearing at the time and place stated in the citation, the offender may,
within seven days after the date of issuance of the citation, do either of the following: (1) Appear in person at the office of the clerk of the court stated in the citation,
sign a plea of guilty and a waiver of trial provision that is on the citation, and
either pay the total amount of the fine and costs or enter into an installment payment
plan with the clerk of the court; (2) Sign the guilty plea and waiver of trial provision of the citation, and mail the
citation and a check or money order for the total amount of the fine and costs to
the office of the clerk of the court stated in the citation. Remittance by mail of the fine and costs to the office of the clerk of the court stated
in the citation constitutes a guilty plea and waiver of trial whether or not the guilty
plea and waiver of trial provision of the citation are signed by the defendant. (D) A law enforcement officer who issues a citation shall complete and sign the citation
form, serve a copy of the completed form upon the offender and, without unnecessary
delay, file the original citation with the court having jurisdiction over the offense. (E) Each court shall establish a fine schedule that shall list the fine for each minor
misdemeanor, and state the court costs. The fine schedule shall be prominently posted in the place where minor misdemeanor
fines are paid. (F) If an offender fails to appear and does not comply with division (C) of this section,
the court shall issue a supplemental citation. If an offender still fails to appear and does not comply with division (C) of this
section within the thirty days after issuance of the supplemental citation, the court
may issue a summons or warrant for the arrest of the offender pursuant to the Criminal
Rules. Supplemental citations shall be in the form prescribed by division (B) of this section,
but shall be issued and signed by the clerk of the court at which the citation directed
the offender to appear and may be sent to the offender through electronic means or
may be served in the same manner as a summons. (G) A summons or warrant for the arrest of an offender who failed to comply with division
(C) of this section shall be cancelled by the court if the offender enters into an
installment payment plan with the clerk of the court that issued the summons or warrant
for the payment of the fine and costs.
Frequently Asked Questions About Ohio § 2935.26
What does Ohio Revised Code § 2935.26 cover?
Section 2935.26 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 2935.26?
A common citation format is "Ohio Revised Code § 2935.26" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 2935.26 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.