Legal Question in Criminal Law in Ohio

Dismissed Direct Indictment

What does the term dismissed direct indictment mean and what is the next step in the process if any.

Asked on 11/06/06, 6:34 pm

2 Answers from Attorneys

David Davies Law Office of David H. Davies
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Re: Dismissed Direct Indictment

It is hard to be certain without more information. I will assume that someone was charged in the municipal court with a crime that is a felony. The case was set for a preliminary hearing in the municipal court to determine probable cause. The Prosecutor decided that he did not want to bother with the preliminary hearing so elected to dismiss the charges and take the case directly to the grand jury for a "secret" indictment. The next step would be for the local prosecutor to refer the case to the County prosecutor who would most likely present the case to the grand jury and the person who had been originally charged will be indicted, arrested, and brought before a common pleas court judge for arraignment and bond setting.

So--Most likely the dismissal is just a temporary reprieve.

If this is not the situation, I will be glad to talk to you further.

Good Luck!

DHD

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Answered on 11/07/06, 4:30 pm
Joseph Jacobs The Jacobs Legal Group
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Re: Dismissed Direct Indictment

Sounds like a felony charge began in a municipal court, then after an indictment by the common pleas court, the municipal court dismissed its case. Now the common pleas court will conduct an arraignment, where you will need a lawyer. This is what I think it is from the little information you provided, and there be more to the story.

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Answered on 11/06/06, 11:33 pm

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