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Arrest or Indictment By Tony Comunale, Esq  In Ohio a felony case can begin in one of two ways. Either the police can arrest a person if they have probable cause to believe that the person has committed a felony. After the arrest the person must be brought before a Magistrate immediately and given the opportunity to post a bond allowing them to be free while the charge is pending. The second way a felony case can begin is through what is called an indictment. An indictment is issued by the grand jury. A grand jury sits for a specified term in every county in Ohio. The grand jury hears evidence presented by the prosecutor and decides whether or not there is probable cause to charge someone with a crime. It is important to note that the grand jury is a secret proceeding and controlled completely by the prosecutor. The defense is not allowed to present evidence and the standard to issue an indictment i.e. probable cause is extremely low. The fact that someone is indicted does not mean that they will be convicted of the charge or are even guilty of the charge. It is merely formal notice of the charge. Once the indictment issues a person may be served in one of two ways with it. If a warrant issues on the indictment the police will come and arrest the individual. Alternatively the indictment can be served by mail, requiring the person to appear in court for what is called an arraignment. Often times an individual will be arrested, have an initial appearance in a lower court and then the matter will be turned over to the grand jury to determine whether the person should be indicted. If you have been arrested, but an indictment has not issued this is a very important time to secure the services of an attorney. Negotiating a criminal matter through your attorney with the prosecution prior to the issuing of an indictment can often lead to a successful resolution of the charges before they have even been formally made. Preliminary Hearing On certain occasions and within ten days of an arrest the matter may be set for what is called a preliminary hearing. This hearing comes before the indictment and after arrest and is held in the municipal court of the town or city in which the alleged crime occurred. The prosecution must present evidence showing a judge that there is probable cause to continue to hold a person. If the judge finds there is probable cause he can "bind over" the person, having them continue to be held until a grand jury has an opportunity to hear the matter. If you are scheduled for a preliminary hearing this is also the time in which you should secure the services of an attorney. A preliminary hearing is the first opportunity for your attorney to elicit the evidence and information that the prosecution claims to have against you. Arraignment After a person is formally charged by an indictment. The first court appearance and initial proceeding is called an arraignment. This is simply the opportunity for the court to assure that the person has been advised of the charges against them and the opportunity for the person to enter a not guilty plea to the charges. If a person has not secured the services of an attorney or cannot afford to secure the services of an attorney they should advise the court at that time that they will either be getting an attorney or they need have a public defender appointed to their case. On to pretrial info Back to criminal info
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