Legal Question in Criminal Law in Ohio

Felony to Misdemeanor change

I did not Waive my Preliminary Hearing during my arraignment

on a Felony Theft(5)in Municiple Court. The Court is in the process of assigning me a P.D., so I am waiting.

The Felony Theft merits are a purse containing/exert control over the following items:

1)$200

2)$600 diamond tennis bracet

3)$170 earrings

4)$400 diamond/gold necklace

Total Value of $1370.00

The Complaintant admitted to a co-worker she went home and realized ALL the jewelery is there! The co-worker has informed me of this.

Actually the alleged theft is $200 now.

a) Can my P.D. subpoena the complaintant to this hearing to get testimony that the jewelery was never in the purse, but in fact at home/in her possession at the time of her complaint?

b)Isn't she required by law to inform the Police of this new

developement herself?

c)Will the court be required to Dismiss the Felony Theft and then allow the Police to re-arrest me on Misdemeanor Theft?


Asked on 2/13/05, 11:13 am

1 Answer from Attorneys
Chad Main Chad Main Attorney at Law

Re: Felony to Misdemeanor change

The points you raise will definitely give your atttorney something to talk to the prosecutor about. During most criminal proceedings, you have the right to subpoena witnesses. Also, if a prosecutor can't prove a case, often they will amend the charges to reflect what they can actually prove.

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Answered on 2/13/05, 11:52 am


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