When someone is charged with a crime in Ohio, the court system follows a series of steps. One of the earliest is the preliminary hearing. But what exactly does that mean in the realm of criminal defense law? And is every accused person entitled to one? In this blog, we break it down.
Understanding Preliminary Hearings
A preliminary hearing is a court proceeding designed to determine whether there is “probable cause” to believe that the accused committed the alleged crime. It is not a trial and does not question the defendant’s guilt or innocence.
- Probable cause refers to a reasonable basis—supported by facts—for believing the crime occurred and that the defendant likely committed it.
- The judge—not a jury—evaluates the evidence presented by the prosecutor during this hearing.
- If the judge finds probable cause, the case moves forward, usually to an indictment by a grand jury or directly to trial.
- If the judge finds no probable cause, the case may be dismissed. However, prosecutors can sometimes refile charges if new evidence emerges.
Probable Cause vs. Beyond a Reasonable Doubt
It’s important to highlight that the standard in a preliminary hearing—probable cause—is much lower than what’s required for a conviction at trial, which is “beyond a reasonable doubt.”
- Probable cause means the prosecutor needs only to show that the crime likely occurred and the defendant likely committed it.
- At a jury trial, the prosecution must prove guilt to a much higher level: beyond a reasonable doubt.
This early, lighter burden ensures that flimsy or unsupported cases don’t proceed toward trial, but it does not guarantee the case will be dismissed.
How Common Are Preliminary Hearings in Ohio?
Despite their importance, preliminary hearings are relatively uncommon in many parts of Ohio. Prosecutors often prefer grand jury indictments, which bypass this step entirely. When it comes to preliminary hearings:
- Only certain counties in Ohio offer them as part of the normal procedure.
- In areas where grand juries are the norm, preliminary hearings may not be routinely scheduled.
- Depending on local rules and the nature of the charges, your case might proceed directly to indictment or arraignment instead.
If you’re based in a county that does include preliminary hearings, it can be a valuable early opportunity to challenge weak evidence.
Why Preliminary Hearings Matter
Even though they’re not guaranteed, preliminary hearings can provide strategic benefits:
- Early assessment of evidence – You or your attorney can hear what evidence the prosecution will present, and you can begin to analyze strengths and weaknesses.
- Cross-examination opportunity – With an attorney present, witnesses may be cross-examined under oath—a powerful tool for highlighting inconsistencies or gaps.
- Pressure on prosecution – If evidence is weak, the court may signal to the prosecutor that an indictment is unlikely, encouraging a plea deal or dismissal.
What Happens at the Hearing?
A typical preliminary hearing in Ohio follows these steps:
- Charges are read, and the defendant enters a plea (usually “not guilty”).
- Prosecution presents witnesses or evidence to establish probable cause.
- Defense may cross-examine those witnesses.
- Judge evaluates the evidence and decides whether probable cause exists.
- Outcome:
- Probable cause found: case moves forward—usually to formal arraignment or grand jury.
- Probable cause not found: charges may be dismissed, though prosecutors may refile.
Your Rights and the Role of Counsel
- The defendant has a right to be present and typically a right to legal representation.
- If you cannot afford an attorney, the court will appoint one.
- An experienced criminal defense law professional is often best-positioned to use the preliminary hearing to your advantage—by challenging evidence and advocating for your rights.
Bottom Line
A preliminary hearing is not always part of the criminal defense law process in Ohio—but when it is available it’s an early opportunity to assess and possibly weaken the prosecution’s case by evaluating whether probable cause exists. Even if your county opts for grand juries or skips this step, understanding the role and significance of preliminary hearings can still guide your defense strategy.
If you’re facing criminal charges in Ohio, your rights matter from day one—whether or not a preliminary hearing is scheduled. Contact AJLJ Law today to discuss your case and learn how our criminal defense law team can help protect your future.
