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  1. #1

    Default Case Dismissed, Indictment to Follow

    State: Ohio

    I was recently charged with a 4th degree felony of aggravated rioting. The municipal court dismissed the case. Does this mean it will now be reviewed by the common pleas court? Or the grand jury? Am I at this point waiting to see if I will be indicted? If I am indicted, how will I know... and how long is this supposed to take to happen?

    I can't afford an attorney and because the case was dismissed from the municipal court, I've not been given a public defender. Is everything over with? Or does it not matter until the grand jury decides?

    How exactly do I find out what's going on if it's in between courts?

  2. #2
    Join Date
    Aug 2007
    Posts
    3,837

    Default Re: Case Dismissed, Indictment to Follow

    You say the Municipal court dismissed the case??

    Arraignments and Preliminary hearings for Felonies are in Municipal court.

    Since you say you were not given a lawyer, it could not have been a PH. A PH is a "mini" trial to determine probable cause to go forward.

    Did you just enter a plea at arraignment and the case was dismissed??

  3. #3

    Default Re: Case Dismissed, Indictment to Follow

    Quote Quoting BOR
    View Post
    You say the Municipal court dismissed the case??

    Arraignments and Preliminary hearings for Felonies are in Municipal court.

    Since you say you were not given a lawyer, it could not have been a PH. A PH is a "mini" trial to determine probable cause to go forward.

    Did you just enter a plea at arraignment and the case was dismissed??
    At the initial appearance, I plead not guilty. Then I had a preliminary hearing (I assume that's what it was at least) scheduled for a week later. A couple days before it, I found out the case had been dismissed. Someone told me this didn't necessarily mean that it was over but only that it is going to a grand jury and they will decide whether to indict me. I don't know if this information was correct and I don't know who to ask about it really. I guess I just want to figure out if I'm good to go or if I should be anticipating something.

  4. #4
    Join Date
    Aug 2007
    Posts
    3,837

    Default Re: Case Dismissed, Indictment to Follow

    I don't think it was totally dismissed unless you have reason to believe it was you can share?

    According to the Ohio Rules of Criminal Procedure, you MUST be Indicted for a Felony unless waived.

    Even if the Preliminary hearing were held and probable cause was found, you still are required to be Indicted.

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