Legal Question in Criminal Law in Ohio

how you get indited

my question is this ok lets say you got 3 misterminers and a felony and the prosecuter takes the misterminers has them dismissed in order to be able to indite the person for the felony so that person couldnt plea to the misterminer if they did they wouldnt of beabel to charege them with the felony so they through that 3 mister miner out stick the guy with the felony to indite him and so they wouldnt have double jeopardy but then brought the misterminers back as felonys and now his in jail how can they purposely drop3 misterminer charges so that person dont plea to them if he did they would of had to drop the felony and have no inditment does that make any sense cause im cunfused is that even legall.


Asked on 12/19/04, 10:54 am

1 Answer from Attorneys
Richard Cline Office of the Ohio Public Defender

Re: how you get indited

The charges that were filed belong to the State of Ohio and the prosecutor can dismiss them at any time, for any reason. If the conduct that was originally charged as a misdemeanor actually supports a felony charge, the prosecutor is permitted to dismiss the misdemeanor charges and ask the Grand Jury to return an indictment charging felony offenses for the same conduct. There is nothing illegal about that.

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Answered on 12/19/04, 1:47 pm


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