Legal Question in Criminal Law in Ohio

Re: preliminary hearing

At the Preliminary Hearing the State must show that a crime was committed and that the Defendant was somehow involved. The State does not have to prove the case beyond a reasonable doubt. Normally the Preliminary Hearing is waived if the Prosecutor shares the evidence with the Defense attorney because the defense attorney gets more information that way. Additionally, the Defense attorney should make a bond reduction argument if the Defendant is still incarcerated at the time. If the Preliminary Heraing is waived or if the Judge finds that the prosecutor has shown "probable cause" for the case to continue, then the case gets bound over to the Grand Jury to consider an indictment. The Grand Jury has the option to indict the Defendant (which sends the case on) or "Remand" the case which sends it back to the Misdemeanor Court or to "No Bill" the case which means to throw the case out all together.

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