Facing a criminal charge can be overwhelming, particularly when navigating the complex legal process. One significant early step is the preliminary hearing. This hearing determines whether there is enough probable cause to proceed to a trial. 

If you are unsure what to expect, the Comunale Law Office is here to help clarify. Our goal is to help you prepare by outlining the steps involved and the vital importance of professional legal representation. As with any legal circumstance, the best way forward is to contact a lawyer for official, personalized legal advice.

What Happens at a Preliminary Hearing?

A preliminary hearing is essentially a screening process to determine whether there is sufficient evidence to justify the case proceeding to trial. This can help protect individuals from unfounded charges and filter out weak cases.  Since Covid many courts in Ohio have stopped conducting this type of hearing.  County prosecutors can “by-pass” the process by taking the matter directly to a grand jury.  If your county still holds them here is some information.

This process involves:

1. The Prosecution Presents Evidence

  • The prosecutor outlines their case, presenting evidence and possibly witness testimonies. The burden is on the prosecution to establish probable cause. 

2. Review of the Evidence

  • The evidence is scrutinized to determine whether it meets the legal standard for probable cause. The judge does not decide guilt or innocence at this stage. 

3. Petition for Discharge

  • If the defense lawyer successfully argues that probable cause is lacking, the charges may be dismissed. 

4. Judge’s Decision

  • Once the evidence is presented and arguments are made, the judge decides whether there is enough cause to proceed to trial. 

Understanding the order and impact of these steps can help you feel more prepared and less anxious during this stage of the legal process. 

Timeline and Preparation

Time is of the essence in the case of a preliminary hearing. Depending on your status after the initial arrest, a hearing could happen within days or weeks:

  • If you are in custody after arrest, the hearing must occur within 10 days. 
  • If you are released on bail, the hearing is set within 15 days. 

Before the hearing, consult an experienced criminal defense lawyer who can help you prepare.

Why Legal Representation Matters

Attempting to navigate the legal system without proper guidance can be difficult and may lead to serious consequences. The preliminary hearing is a critical stage in the legal process, often serving as a turning point that can significantly impact the trajectory of your entire case. Without experienced representation, you may unknowingly make decisions or face situations that could result in harsher penalties or less favorable outcomes.

At the Comunale Law Office, we are dedicated to protecting your rights by building a strong defense tailored to your unique situation. We take a hands-on, personal approach, ensuring every case receives the attention and diligence it deserves. With over 20 years of legal experience, we are here to guide you through every step of the process, providing clarity, support, and a robust defense to secure the best possible results for your case.

Get Support for Your Preliminary Hearing

Facing a preliminary hearing can be nerve-wracking, but understanding where it fits in the legal process and having professional representation from a criminal defense lawyer can make all the difference. With years of criminal defense experience, the Comunale Law Office is ready and able to fight for you. 

Contact Comunale Law Office today to discuss your case and start developing a strong defense strategy.