If you are charged with a felony, one of the first court dates may be a preliminary hearing. This article explains what it is and why it matters.
What a preliminary hearing is. A preliminary hearing is an early check by a judge. Its purpose is simple: to decide whether there is enough evidence to move a felony case forward. The judge does not decide if you are guilty. The judge only decides if there is probable cause — a fair reason to believe a crime happened and that you may have committed it.
When it happens. In Ohio, the timing depends on whether you are in custody. If you are being held in jail, the hearing must happen quickly — no later than 10 days after your arrest. If you have been released, it must happen no later than 15 days after your arrest. These deadlines can be extended in limited situations, but the rules are meant to keep things moving.
What happens at the hearing. The prosecutor presents some evidence, often through witnesses. Your lawyer can cross-examine those witnesses, which means asking them questions to test their story. The standard the judge uses is low — the prosecutor only has to show "substantial credible evidence," not proof beyond a reasonable doubt.
Possible outcomes. If the judge finds probable cause, the case is "bound over," which means it moves up to the common pleas court for the felony to be handled. If the judge does not find probable cause, the case can be dismissed. Keep in mind that a dismissal here does not always end things for good — the case can still go to a grand jury.
You can waive it. You have the right to a preliminary hearing, but you can also give it up in writing. Sometimes there are good strategic reasons to do this, and sometimes there are not. This is a decision to make carefully with a lawyer.
A key point. A preliminary hearing does not happen if the grand jury has already handed up an indictment. That is why many felony cases skip the preliminary hearing and go straight through the grand jury instead.
How VanHo Law can help. A preliminary hearing is an early chance to learn about the state's case and to challenge weak evidence. Attorney Adam VanHo and VanHo Law use this stage to test the prosecution's proof, question witnesses, and look for ways to protect you from the start.
About Attorney Adam VanHo
Adam VanHo is a former prosecutor and Assistant Attorney General who represents individuals charged with a variety of crimes in state and federal courts. A veteran of over one hundred trials, Adam represents individuals charged with offenses ranging from traffic offenses to capital murder and organized crime. An attorney for twenty-five years, Adam has appeared in trial and appellate courts in both state and federal courts, and has even briefed cases to the Ohio and United States Supreme Courts. Adam is licensed to practice in all state and federal courts in Ohio and Pennsylvania; all federal courts in the District of Columbia; the United States Supreme Court; and the International Criminal Court. Adam is currently a member of the Criminal Justice Act (CJA) panels for both the United States District Court for the Northern District of Ohio and the United States Court of Appeals for the Sixth Circuit. Adam has regularly appeared as a commentator and expert in local media, and his cases have attracted national and international attention.
This article is intended for general information and to help the public understand how criminal cases proceed in Ohio. It is not legal advice. Every case is different. If you or a loved one is facing a criminal matter, contact VanHo Law to discuss your specific situation.