Legal Question in Criminal Law in Ohio

Re: Common Pleas Court and Arraignment

In Ohio there are generally two ways you can be charged with a felony. First is to be charged in municipal court. There, a preliminary hearing must be conducted within 10 days if you are in custody or 15 if you are not. If the municipal court finds there is probable cause to believe you committed the crime alleged, they will then bind you over to the court of common pleas for arraignment.

The second way to be charged with a felony is through indictment in the court of common pleas. An indictment is awarded by a grand jury based on information presented by the prosecutor. Under an indictment, you are charged directly by the court of common pleas. The court must arraign you as soon as possible following your arrest pursuant to the indictment, allowing you enough time to file any challenges to the indictment. Unfortunately, I do not believe there is any set time that you must be arraigned by.

If you believe the time between being arrested and being arraigned has become excessive, you should talk with a lawyer to bring this to the attention of the court. With any felony however, it is strongly suggested that you retain counsel due to the possible consequences you are facing from a conviction.

If you have any further questions, feel free to contact me.