What this page covers
R.C. 2935.09 explains how a police officer or a private citizen can start a criminal charge by filing an affidavit (a sworn written statement) describing an offense. This page summarizes the section and links to the official text.
Key terms
A "reviewing official" is a judge of a court of record, the prosecuting attorney (or other attorney who prosecutes offenses in that court), or a magistrate. (R.C. 2935.09(A))
When this section applies
The section applies in cases not covered by R.C. 2935.02 to 2935.08. In those cases, a peace officer or a private citizen who has knowledge of the facts and wants to cause an arrest or prosecution must follow this section. (R.C. 2935.09(B))
If a police officer files
A peace officer may file an affidavit charging the offense with a reviewing official or with the clerk of a court of record. (R.C. 2935.09(C))
If a private citizen files
A private citizen who has knowledge of the facts may file an affidavit charging the offense with a reviewing official. The purpose is review, to decide whether the prosecutor should file a complaint. Filing the affidavit does not by itself mean a charge will be brought. (R.C. 2935.09(D))
A private citizen may also file the affidavit with the clerk of a court of record before or after the reviewing officials' normal business hours, if the clerk's office is open then. The clerk forwards it to a reviewing official when that official's business hours resume. (R.C. 2935.09(D))
What to do
- In most traffic cases, the charge is started by the officer's ticket, which serves as the complaint and summons. See the Traffic Rule 3 page. (Traf.R. 3(A))
- If you are thinking about filing an affidavit yourself, ask the clerk of the court or the prosecutor's office how they handle citizen affidavits. Procedures vary.
Why this site summarizes instead of copying
Statutes can change. This page summarizes the current law and links to it. If this summary and the official text differ, the official text controls.
Sources
Last verified: 2026-10-13
No comments:
Post a Comment