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?
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??
Re: Case Dismissed, Indictment to Follow
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Quoting
BOR
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.
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.