A preliminary hearing in Ohio is used when a felony criminal complaint is filed. This type of hearing is usually held in the county municipal court and must occur, pursuant to Rule 5(B) of the Ohio Rules of Criminal Procedure, within 10 days after arrest if the accused is held in jail, or 15 days after arrest if the accused is not in custody.

For example, a person is pulled over by law enforcement due to speeding and the officer smells marijuana. Based on the smell, the officer conducts a search of the vehicle and uncovers evidence of a felony, such possession of marijuana at a felony level or trafficking in marijuana, the officer may place the person under arrest and file a felony criminal complaint. If arrested, the preliminary hearing must occur within 10 days or, if the person is able to post bail, within 15 days.

Preliminary Hearing v. Grand Jury

The preliminary hearing is a type of screening procedure, similar to the grand jury requirement for indictments. It is designed to insure that a person is not held in custody, or subject to bond conditions if not in custody, unless there is “substantial credible evidence” to believe that the person committed the offense. This is a lesser standard than “beyond a reasonable doubt” that is used for criminal trials.

During the 10 or 15 day period after arrest, the prosecutor’s office may present the case to the grand jury for indictment. If this occurs before the scheduled preliminary hearing, the preliminary hearing will not be held and the criminal complaint will be dismissed due to the indictment.

Are Preliminary Hearings Common in Ohio?

In many counties in Ohio, the grand jury does not meet often (as infrequently as once per month or every other month). Thus, preliminary hearings are held in nearly every felony criminal case. However, in counties such as Franklin or Delaware County, preliminary hearings are rarely held. This is because the grand jury meets frequently and, for that reason, the prosecutor will seek an indictment before the expiration of the 10-day period if the accused is held in jail, or the 15-day period if the accused is not in custody.

Should I Waive or Conduct the Preliminary Hearing?

Preliminary hearings are a valuable discovery device for the defense. It allows you to cross-examine witnesses and understand what exactly they may say at later hearings or trial. Moreover, the cross-examination is under oath and “on the record.” Therefore, the prosecutor’s witnesses will not be able to change their testimony later at trial testimony or they will be subject to impeachment.

In addition to being a valuable discovery device, you may be able to escape indictment altogether by conducting the preliminary hearing. This could result from testimony adduced at the hearing that tends to either establish that you did not commit the crime or the prosecutor lacks sufficient evidence to convince a judge that you may have committed the crime.

Columbus and Delaware, Ohio Criminal Defense Attorney

If you have been charged with a criminal offense in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced criminal defense attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your criminal offense case.

Johnson Legal, LLC serves the following cities in the central Ohio area for Criminal Defense:

Westerville, Worthington, Columbus, Polaris, Reynoldsburg, Grandview Heights, Shawnee Hills, Bexley, Pickerington, Gahanna, Sunbury, Powell, Upper Arlington, New Albany, Dublin, Hilliard, Lewis Center, Galena, Clintonville, Huber Ridge, Blacklick, Grove City, Delaware, Marysville, Groveport, Newark, Canal Winchester, Obetz, Marion, Mt. Gilead, Pataskala, Granville, Whitehall, Franklin County, Morrow County, Licking County, Knox County, Union County, Madison County and Delaware County