Ohio Prosecutor Referral Process

Summary

Referral to a prosecutor under Ohio Revised Code 2935.09 and 2935.10 does not mean a charge is meritless. It indicates the need for further investigation to determine if there is sufficient evidence to proceed. A federal judges interpretation that such a referral automatically deems a case frivolous is incorrect. Consider discussing this with your attorney or seeking a legal opinion to address any misunderstandings.

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Yes, the federal judge keeps interpreting the fact that the state court judge ordered my affidavit to be referred to the prosecutor if there was reason to believe it was filed in bad faith or if it was meritless under Orc *.* automatically means the case was frivolous. But this is not true
It's important to clarify that a referral to a prosecutor under Ohio Revised Code *.* and *.* does not automatically mean a case is frivolous. It indicates the need for further investigation. You might want to raise this misunderstanding with your attorney or seek a legal opinion on how to address the federal judge's interpretation.
Do you have legal representation currently, or are you considering getting one?