Preliminary Hearings in Municipal Court Felony Cases
A preliminary hearing is a court proceeding in Ohio felony cases 
in municipal court in which the prosecution must present enough evidence for the judge to justify holding a person to answer for a felony charge.
This does not mean that the judge determines whether or not the defendant is guilty, but rather only if there is sufficient probable cause to believe that the felony charged, or another crime, has been committed, and that the accused person is the one who committed the offense.
A person charged with a felony under Ohio law is entitled to a preliminary hearing in municipal court within 10 days if they are being held in jail, 15 days if they are not being held.
Preliminary Hearings in Summit County & Portage County Courts
Summit County felony cases usually originate in the municipal court system. Felony criminal charges are generally filed in one of the three Summit County municipal courts: Akron Municipal Court, Stow Municipal Court or Barberton Municipal Court. Portage County felony charges ordinarily originate in either Ravenna Municipal Court or Kent Municipal Court. Medina County felony cases originate for the most part in either Medina Municipal Court or Wadsworth Municipal Court.
In both Summit County and Portage County, felony cases begin with the filing of a criminal complaint in the appropriate municipal court. After the initial appearance, commonly called an arraignment, the felony case (along with any corresponding misdemeanor charges) is scheduled in that municipal court for a preliminary hearing, usually very soon after the arraignment.
Resolving Charges at Preliminary Hearings
A preliminary hearing provides the defense attorney with an excellent opportunity to sit down with the prosecuting attorney in order to find out more about the prosecution's case. In many cases, the attorneys may be able to resolve the case at this court appearance with a plea to misdemeanor charges.
In some instances, the prosecutor will call witnesses and present testimony and evidence. The defense lawyer has the right to cross-examine prosecution witnesses. The judge determines whether, under Ohio law, probable cause exists to bind the criminal charges over for presentment to the grand jury for possible felony indictment on any crime.
Dismissal of the Charges at the Preliminary Hearing
Felony charges are sometimes temporarily dismissed without a preliminary hearing and taken directly to the grand jury for direct indictment at a later date. In rare instances, the defendant may be indicted before the preliminary hearing, especially in cases where the prosecution does not want to subject their witnesses to cross-examination by an experienced criminal defense lawyer. Additionally, under the law in Ohio, a defendant can waive his or her right to a preliminary hearing at this stage and have the charges bound over to the grand jury.
Solid Legal Advice is Critical at the Preliminary Hearing Stage
The system governing felony law in Ohio is archaic and illogical at times. It is absolutely critical to have a skilled criminal defense attorney at this stage of the proceedings...a lawyer with not only a firm understanding of Ohio criminal law, but also a familiarity with the particular court, judge and prosecutor in the court system where the felony charges have been filed, both at the Municipal Court level as well as the Common Pleas Court level.
Attorney Dan Weisenburger knows the ins and outs of the Ohio felony system and its courts. He has offices in Ravenna (Portage County) and Stow (Summit County).
Call Mr. Weisenburger now for a free initial consultation.
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