Preliminary Hearing
Right to a preliminary hearing
While there is no Constitutional right to a preliminary hearing there is a statutory right to such hearing. R.C. 2937.12.
What is a preliminary hearing?
A preliminary hearing is a "screen" that is used to ensure that a person who is accused of a crime is not made to stand trial for a felony without "substantial credible evidence."
The purpose of a preliminary hearing is not to establish guilt or innocence, but rather to determine whether there is sufficient evidence to warrant the accused in being indicted.
Time Limits:
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f the accused is in custody and the preliminary hearing is not waived then the preliminary hearing must be no later than (10) consecutive days after arrest.
2. If the accused is NOT in custody and the preliminary hearing is not waived then the preliminary hearing must be no later than (15) consecutive days after arrest.
Note that these limits can be extended for "good cause." Also note that the criminal procedure rules do not automatically provide for dismissal of charges if the state fails to provide for a preliminary hearing within the required time.
After the preliminary hearing, the next step is: