Criminal Law
Understanding the Criminal Process
I was arrested. What do I do next?
Initial Appearance / Preliminary Hearing / Grand Jury
After being arrested, the Court will see the accused at an initial appearance within one to three days. This is the first opportunity for the Court to discuss setting a bond. In Misdemeanor matters, the case proceeds to an Arraignment. Bond determines whether or not the accused will be in-custody during the course of the proceedings or out of custody. Additional information about Bond can be found below.
In Felony matters, a Preliminary Hearing will be scheduled. At a preliminary hearing, the State of Ohio must show that there is “probable cause” to allege that the crime has been committed. This is also an opportunity to re-address bond issues if the Defendant is incarcerated. If the Court determines that there is probable cause, the case may be sent to a Grand Jury to determine whether or not an “indictment” should be brought against the accused. An indictment is the document that formally “charges” an individual with a Felony offense. The Grand Jury meets in a closed session with only the Prosecutor and any witnesses called by the Prosecutor. If a Felony indictment is issued, the case will be sent to the Common Pleas Court to schedule an Arraignment.
What is an Arraignment
Arraignment is your first opportunity to speak to the Court by entering a plea, which is usually Guilty, Not Guilty, or No Contest.
Bond
The Court will talk about bond at either the initial appearance or the arraignment. Generally, the Court will either establish a cash bond, or release you on your “own recognizance” (OR). A cash bond requires posting a certain amount of money before being released to ensure your appearance at future Court hearings. An OR bond does not require posting any money, but is instead your written promise to appear at Court for all hearings. Whether the Court grants an OR or cash bond will depend on several factors including the severity of the alleged crime, prior criminal history, and the need to protect the public.
Initial Appearance / Preliminary Hearing / Grand Jury
After being arrested, the Court will see the accused at an initial appearance within one to three days. This is the first opportunity for the Court to discuss setting a bond. In Misdemeanor matters, the case proceeds to an Arraignment. Bond determines whether or not the accused will be in-custody during the course of the proceedings or out of custody. Additional information about Bond can be found below.
In Felony matters, a Preliminary Hearing will be scheduled. At a preliminary hearing, the State of Ohio must show that there is “probable cause” to allege that the crime has been committed. This is also an opportunity to re-address bond issues if the Defendant is incarcerated. If the Court determines that there is probable cause, the case may be sent to a Grand Jury to determine whether or not an “indictment” should be brought against the accused. An indictment is the document that formally “charges” an individual with a Felony offense. The Grand Jury meets in a closed session with only the Prosecutor and any witnesses called by the Prosecutor. If a Felony indictment is issued, the case will be sent to the Common Pleas Court to schedule an Arraignment.
What is an Arraignment
Arraignment is your first opportunity to speak to the Court by entering a plea, which is usually Guilty, Not Guilty, or No Contest.
Bond
The Court will talk about bond at either the initial appearance or the arraignment. Generally, the Court will either establish a cash bond, or release you on your “own recognizance” (OR). A cash bond requires posting a certain amount of money before being released to ensure your appearance at future Court hearings. An OR bond does not require posting any money, but is instead your written promise to appear at Court for all hearings. Whether the Court grants an OR or cash bond will depend on several factors including the severity of the alleged crime, prior criminal history, and the need to protect the public.
