- How to file without the assistance of an attorney.

- The type or form of pleadings, or documents that must be filed to establish your case.

- Recommendations for attorneys.

- Information on cases in which you are not a party.

- Information on any juvenile case if you are not a party to the case.

- Bring your driver’s license and proof of insurance for all traffic cases.

- Dress appropriately.

- Accept child support payments, however, the County Treasurer does accept child support payments.

- Appoint guardians of persons except that it does appoint Guardians ad Litem (for the trial) to protect children. In most cases, the fees for the Guardian ad Litem are paid by the parties. The court does accept and file powers of attorney in which parents grant guardianship to grandparents for medical and school purposes.

A. The Court can appoint counsel for you if you are indigent and if your issue qualifies for court appointed counsel. The law does not provide appointed attorneys for paternity, custody, visitation, child support, or civil contempt when loss of liberty is not a possibility.

To apply for counsel, you must personally appear at the Juvenile Court and complete a financial disclosure / affidavit of indigency form. The affidavit requires income and expense information for yourself as well as anyone living in your household.

In order to be represented at a hearing, you must make application for counsel at least 3 days prior to your hearing date.

There is a state mandated $25.00, nonrefundable fee to fine an application for a court appointed attorney.

Q. What if I’m unable to appear on the date of my hearing?

A. Requests for continuance (rescheduling) of hearings, must be made in writing at least 10 days prior to your hearing date. You must state the reasons for your request for a continuance. If an emergency arises, the court will, of course, consider that. If you are represented by counsel, then contact your attorney as soon as you become aware of a scheduling conflict. Your attorney can then file the appropriate motion with the Court.

Q. Do I need an attorney, or can I ask or file something by myself?

A. You do not need an attorney, but you must file a proper pleading and provide the Clerk of Court with instructions on how to serve the opposing party, according to the Ohio Revised Code. A letter to the Judge or Magistrate is not proper and cannot be read by the Judge or Magistrate. It will be returned to you. 

Q. Can I speak to the Judge or Magistrate about my case?

A. The law does not allow the Judge or Magistrate to receive correspondence or information about a case outside of the courtroom. Anything the Judge or Magistrate learns about a case must be in the presence of all parties.

Q. Do the juvenile and parent need to be present for a tobacco citation?

A. The juvenile and one parent must be present at the tobacco conference. If the juvenile admits to the tobacco offense, they have the option to attend a Smoking Education Program within 60 days from the date of the conference, or to waive the smoking program by paying a fine of $100.00 and court costs of $48.00.

Q. Can a juvenile in a traffic case apply for a Public Defender?

A. This depends on the case involved. If you are charged with operating a vehicle while under the influence of alcohol or drugs (OVI), of driving without a license or when your license is under suspension (DUS), if you have previously been warned by a court that you could be incarcerated, or if you face any other charge for which you could be incarcerated, you are entitled to a Public Defender if you are indigent.

A. A Probation Officer (P.O.) supervises youngsters on probation. A P.O. is responsible to meet with the probationer and his or her parents or guardian to explain and sign the rules of probation. Each P.O. investigates and assesses the youth for risk of re-offending along with mental health, substance abuse and psychosocial needs through services within the Court and through community referral.

A.  A juvenile and a parent or guardian must come to Court for a hearing. Juvenile traffic tickets in Lake County cannot be paid or waived without a hearing.
 
Q. How do I get driving privileges if the Court or school initiated the suspension?

A. If the Court suspends your license and circumstances change, you can direct a written request to the Court for consideration of driving privileges. If the suspension is initiated by a school, you must file a motion for reinstatement, address a filing fee and present your request at a hearing before a Judge.

A.  Only minor violations of the law can be “unofficially considered”. Unofficial means that you will not have a permanent juvenile record. A juvenile has only one opportunity to have a case heard unofficially. It's a one-time chance. You have the right to have an attorney during an unofficial hearing. A case can only be heard unofficially if the person admits the charge. Trials can only be held in an official courtroom.

Q. What's the difference between Official and Unofficial?

A. Usually, hearings are scheduled in forty-five minute intervals. Each hearing is different, however, some may take longer. Timeframes vary on a day-to-day basis. 
 
Q. Who is eligible to have a hearing in Unofficial?

A. A juvenile under the age of eighteen with a first-time minor offense.

A. You are not required to attend unless you receive a subpoena. The notice of hearing is just to advise you that a hearing is scheduled. You may appear if you wish, however, your attendance is not required.

Q. I am a victim in a case and the juvenile has not paid restitution, what are my options?

A. This Court’s Restitution Officer is very diligent in his efforts to obtain restitution for victims of juvenile crimes. In many instances, however, juveniles are not able to work and it becomes difficult to obtain payment. Victims may also seek restitution from the parents of the juvenile by initiating a civil lawsuit in the appropriate court.

Q. What is the process for a victim to initiate a civil lawsuit?

A. The Victim should contact the Juvenile Court Restitution Officer at (440) 350-3140 to inform him that they intend to file a civil lawsuit. He will provide them with documentation that the juvenile has been ordered to pay restitution. The paperwork will include the name of the juvenile, his/her parents and their address. The next step is to file the appropriate pleadings with the proper Municipal or Common Pleas Court, depending on the amount involved.

A civil lawsuit must be filed in the jurisdiction in which the incident occurred. There is a fee associated in filing a civil lawsuit.

Q. When can I provide my victim impact statement to the Court?

A. A Victim Impact Statement will be mailed to you at the inception of the case. It should be promptly mailed back. This statement is presented to the Magistrate or Judge during, or before, the offender's hearing. The Magistrate or Judge will make a decision based on all factors involved in the case. 
 
Q. Do I have to be present in Court to make my statement?

A. No. You will receive notice of every hearing and can be present at all, or any, of them. You are not required to attend any hearing unless you are subpoenaed to be a witness. You will only be allowed to speak at the dispositional (sentence) hearing unless you are called as a witness.
 
Q. What precautions can I take to keep the offender away from me?

A. A victim who feels in danger of retaliation from an offender can request a “no contact” order. You must advise the victims’ advocate or bailiff if you need one. Such order must be granted by the Judge or Magistrate. It specifies how long the offender is required to stay away from the victim. If the victim chooses to attend the Court hearing, the victim can ask the Judge or Magistrate for such order.
  
Q. If the offender is committed to the Department of Youth Services, can I be informed of his or her release?

A. Victims of crime are encouraged to participate in Ohio's VINE service. VINE (Victims' Information and Notification Everyday) is a free, anonymous, computer-based service that provides victims of crime important information and notification. VINE notifies the victim about the offender's status while the offender is incarcerated in ODYS. When the offender is released, victims are notified automatically. To receive information on the VINE program, please call 614-644-6416.

A. Come to the Lake County Juvenile Justice Center, 53 East Erie Street, Painesville, Ohio 44077 during business hours (Weekdays 8:00am to 4:00 pm) with proper identification to request the information. Any party to the case may review the legal file.
 
Q. When will the Court reach a decision in my case?

A. Each case is decided on its own merit. A decision will be made after all parties have presented evidence and/or testimony.  The Judge and Magistrates try to enter their decision within sixty (60) days.
 
Q. How do I file an objection or an appeal?

A. You have several options depending upon what you are objecting to or appealing.
1. Motion to Set Aside a Magistrate's Order: A party may file a written motion requesting that the Judge set aside a Magistrate's Order within ten days of the order being entered. The motion must state the specific reason(s) for the request. See Juv. R. 40(D)(2)(b) and Civ. R. 53(D)(2)(b).
2. Objection to a Magistrate's Decision: A party may file written objections to a Magistrate's Decision within 14 days of the decision being entered. The objection must state the specific reason(s) for the objection. If the objection is to a factual finding, a party must provide a transcript of the proceedings. See Juv. R. 40(D)(3)(b) and Civ. R. 53(D)(3)(b).
3. Appeal of a Judge's Final Order or Judgment: A party may appeal to the Court of Appeals by filing a notice of appeal in the Juvenile Court Clerk's Office within 30 days of the date the judgment entry is filed.
Juveniles

Q. What kind of juvenile violent crimes lead directly to adult Court?

A. Serious crimes such as homicides, robberies, sex offenses and burglaries.
 
Q. What happens if I don't pay my Court fines and costs?

A. Costs and fines do not go away unless they are paid. Juvenile Court has traditionally been responsive to the need of clients and allowed payment plans over a period of time. Costs and fines are debts just like any other financial obligation. Failure to pay fines and costs will prevent records being sealed or expunged and will be reason to begin collection procedures.
 
Q. How do I get emancipated?

A. In Ohio, a juvenile is considered emancipated when he or she gets married, joins the military, reaches the age of majority (18), or is living on his/her own and supports himself/herself.
 
Q. How can I get my juvenile record sealed or expunged?

A. The following is an explanation of the process that you must follow to seal or expunge your record.
1. You may apply to this Juvenile Court for an order to seal your record two years after any order made by the Court has ended. If you have been placed in a juvenile institution or other facility, you may not apply until two years after you have been discharged from such institution or facility and your probation or parole has ended.
2. "Seal a record" means to remove a record from the main file and to secure it in a separate file that contains only sealed records, accessible only to the Juvenile Court.
3. Applying to seal your record doesn't automatically mean that it will be sealed. The Juvenile Court must find that you have been rehabilitated to a satisfactory degree. You must prove to the Judge or Magistrate that you have been rehabilitated. If your offense was aggravated murder, murder, rape, sexual battery or gross sexual imposition, your record cannot be sealed.
4. If your record is sealed by the Juvenile Court and someone asks you if you have a record, you may properly reply that no record exists. If asked, the Court will also reply that no record exists.
5. After your record has been sealed, your record will automatically be expunged after a period of five years or when you reach age 23, whichever occurs sooner. You may apply to the Juvenile Court to have your sealed record expunged sooner.
6. How is expunging a record different from sealing a record? Expunging a record means to destroy, delete and erase a record, as appropriate for the record's physical or electronic form or characteristic. This means that the record is permanently irretrievable.
7. You may obtain an application to either seal or expunge your record from the Juvenile Court Clerk's Office at 53 East Erie Street, Painesville, Ohio 44077. That is also the location to file the application after you have finished filling it out.
8. You may wish to read portions of the Ohio Revised Code, § 2151.355, 2151.356, 2151.357 and 2151.358 for further details, available at most libraries and on the internet.

A.  The Judge is elected and is responsible for the entire operation of the Court. Magistrates are appointed by the Judge and hear cases, make decisions on those cases, and enter orders which must be followed.

Q. What kind of cases can Magistrates hear?

A. Every case that is filed, except those listed below.
 
Q. What kinds of cases does the Judge hear?

A. Four types of cases:
1. Cases in which a jury is required.
2. Cases referred by the Magistrates for possible relinquishment of jurisdiction to the adult Court. 
3. Cases where a party has objected to the decision of a Magistrate.
4. Adult cases where there is a possibility of jail time.
 
Q. What are the qualifications to become a Judge or Magistrate?

A. Judges and Magistrates are required to be lawyers in good standing. In addition, a Judge must have practiced law for a minimum of six (6) years.