Not Guilty Plea in Misdemeanor Case – Cuyahoga County, Ohio

The “Not Guilty Plea in Misdemeanor Case” form is used in the Cleveland Municipal Court Housing Division in Cuyahoga County, Ohio. This document allows a defendant to formally enter a plea of not guilty to a misdemeanor charge without being present at the arraignment, as permitted by Criminal Rule 10(B). The form requires the approval of the Director of Law or an Assistant Director of Law. It ensures that the defendant’s rights are acknowledged and that legal proceedings can be adjusted as necessary while maintaining compliance with legal standards.

Filling out this form correctly is crucial to ensure that your plea is accepted and processed without issues. Follow these step-by-step instructions:

Step 1: General Information

Date: Fill in the date when you are completing the form.

Case Number: Enter your case number if you have it. If you do not, this may be filled out by the court later.

Step 2: Defendant’s Declaration

Defendant’s Information

1. • Name: Enter your full legal name.
   • Home Phone Number: Provide your primary contact number.
   • Work Phone Number: Provide an alternate contact number if available.
   • Address: Enter your full home address.

Attorney’s Information (if applicable)

1. • Attorney’s Name: Enter the full name of your attorney.
   • Attorney’s Phone Number: Provide your attorney’s contact number.
   • Attorney’s Email Address: Enter your attorney’s professional email address.

Step 3: Plea and Waiver

Not Guilty Plea: By signing this section, you are declaring that you are pleading not guilty and waiving your right to be present at the arraignment and the right to an initial appearance within five days from the date of the citation.

Step 4: Waiver of Statutory Period

Waiver of Speedy Trial Rights

1. • Acknowledge that you have the right to a speedy trial within the statutory periods:
     • 90 days for a first or second-degree misdemeanor.
     • 45 days for a third or fourth-degree misdemeanor.
     • 30 days for a minor misdemeanor.
   • Understand that each day you are held in jail in lieu of bond counts as three days for the purpose of a speedy trial.
   • By signing, you voluntarily, knowingly, and intelligently waive these rights and consent to a continuance of the case beyond the statutory period.

Step 5: Signatures

Defendant’s Signature: Sign your name to indicate that you understand and agree to the terms outlined in the form.

Prosecutor’s Signature: This section will be signed by the prosecutor.

Judge’s Approval: Judge W. Moná Scott will review and approve the form.

Step 6: Initial Here

Initial Here: Initial in the designated space to confirm that you have read and understood the contents of the form.

Final Check

• Review all entered information for accuracy.
• Ensure all required fields are filled out and signed.

Once completed, submit the form to the appropriate court office as instructed or bring it to your next court date. If you have any questions or need further assistance, consult your attorney or the court clerk.