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Case Dismissed, Indictment to Follow

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  • 06-16-2010, 10:22 AM
    muerteinoxia
    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?
  • 06-16-2010, 10:38 AM
    BOR
    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??
  • 06-16-2010, 01:33 PM
    muerteinoxia
    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.
  • 06-16-2010, 01:50 PM
    BOR
    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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