Legal Question in Criminal Law in Ohio

direct indictment

why would a criminal case be dismissed because of a direct indictment?


Asked on 5/05/09, 6:03 pm

1 Answer from Attorneys

Bradley Miller Miller Law LLC

Re: direct indictment

The short answer is so that the charges can be brought in the common pleas court.

Now to step back and explain a little. The municipal court only has jurisdiction over misdemeanor cases (less severe than felonies). Felony cases are heard in the county common pleas court. If felony charges are brought in the municipal court, they must be dismissed at some point.

That is likely what has happened here. Felony charges were brought in the municipal court. Since the court can't handle this case, the charges were dismissed. Now the prosecutor will take the evidence he or she has and present it to a grand jury. If the grand jury returns an indictment, then a new case will be opened in the common pleas court.

I hope this helped. If you still have questions or would like to talk in more specifics, feel free to contact me.

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Answered on 5/05/09, 8:44 pm


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