Ohio Revised Code
Chapter 2935 | Arrest, Citation, and Disposition Alternatives
Section 2935.09 | Person Having Knowledge of Offense to File Affidavit - Official Review Before Complaint Filed.

Effective: June 30, 2006
Latest Legislation: House Bill 214 - 126th General Assembly
(A) As used in this section, "reviewing official" means a judge of a court of record, the prosecuting attorney or attorney charged by law with the prosecution of offenses in a court or before a magistrate, or a magistrate.
(B) In all cases not provided by sections 2935.02 to 2935.08 of the Revised Code, in order to cause the arrest or prosecution of a person charged with committing an offense in this state, a peace officer or a private citizen having knowledge of the facts shall comply with this section.
(C) A peace officer who seeks to cause an arrest or prosecution under this section may file with a reviewing official or the clerk of a court of record an affidavit charging the offense committed.
(D) A private citizen having knowledge of the facts who seeks to cause an arrest or prosecution under this section may file an affidavit charging the offense committed with a reviewing official for the purpose of review to determine if a complaint should be filed by the prosecuting attorney or attorney charged by law with the prosecution of offenses in the court or before the magistrate. A private citizen may file an affidavit charging the offense committed with the clerk of a court of record before or after the normal business hours of the reviewing officials if the clerk's office is open at those times. A clerk who receives an affidavit before or after the normal business hours of the reviewing officials shall forward it to a reviewing official when the reviewing official's normal business hours resume.

Structure Ohio Revised Code

Ohio Revised Code

Title 29 | Crimes-Procedure

Chapter 2935 | Arrest, Citation, and Disposition Alternatives

Section 2935.01 | Arrest, Citation, and Disposition Alternatives Definitions.

Section 2935.011 | Officer or Employee of Bureau of Criminal Identification and Investigation Included as Peace Officer.

Section 2935.02 | Accused May Be Arrested in Any County.

Section 2935.03 | Authority to Arrest Without Warrant - Pursuit Outside Jurisdiction.

Section 2935.031 | Motor Vehicle Pursuit Policy.

Section 2935.032 | Written Policy and Procedure for Responding to Domestic Violence Incidents or Protection Order Violations.

Section 2935.033 | Peace Officer May Assist Federal Officer Under Patriot Act.

Section 2935.04 | When Any Person May Arrest.

Section 2935.041 | Detention and Arrest of Shoplifters - Detention of Persons in Library, Museum, or Archival Institution.

Section 2935.05 | Filing Affidavit Where Arrest Without Warrant.

Section 2935.06 | Private Person Making Arrest.

Section 2935.07 | Person Arrested Without Warrant Shall Be Informed of Cause of Arrest.

Section 2935.08 | Issuance of Warrant.

Section 2935.081 | Peace Officer to Administer Oath or Take Acknowledgment.

Section 2935.09 | Person Having Knowledge of Offense to File Affidavit - Official Review Before Complaint Filed.

Section 2935.10 | Filing of Affidavit or Complaint Procedure.

Section 2935.11 | Failure to Appear in Response to Summons.

Section 2935.12 | Nonconsensual, Forcible Entry.

Section 2935.13 | Proceedings Upon Arrest Pursuant to Warrant.

Section 2935.14 | Right to Communicate With Counsel.

Section 2935.15 | Bail Amount.

Section 2935.16 | Prisoner Held Without Process.

Section 2935.17 | Form of Affidavit.

Section 2935.18 | Form of Warrant, Summons or Notice.

Section 2935.19 | Form of Affidavit.

Section 2935.20 | Right to Counsel.

Section 2935.21 | Security for Costs.

Section 2935.23 | Witnesses in Felony Investigations.

Section 2935.24 | Service of Arrest Warrant by Electronic Means.

Section 2935.25 | Power of Arrest.

Section 2935.26 | Minor Misdemeanor Citation.

Section 2935.27 | Procedure After Issuance of Minor Misdemeanor Citation.

Section 2935.28 | Names of Traffic Law Violators Damaging Real Property to Be Provided to Owner.

Section 2935.29 | Definition of Fresh Pursuit and State.

Section 2935.30 | Authority of Foreign Police.

Section 2935.31 | Hearing Before Magistrate in County of Arrest.

Section 2935.32 | Broadcasting Information of Crime.

Section 2935.33 | Inpatient Care and Treatment of Alcoholics and Drug Addicted Persons.

Section 2935.36 | Pre-Trial Diversion Programs.