Kenneth J. Rexford & Co., L.L.C.
Attorney at Law 
112 North West Street, Lima, Ohio 45801
Local (419) 227-0048  Toll Free (800) 758-1845
Frequently Asked Questions

The information contained on this page is for informational purposes ONLY.  This information is not intended for use as, or should not be interpreted as legal advice.  If you need legal advice please contact an Attorney directly.  Information contained on this page pertains to the State of Ohio.

What is a Preliminary Hearing?
A Preliminary hearing takes place in the Municipal Court as a result of a felony charge brought before an indictment. The purpose for this hearing is for the Municipal Court Judge to determine if there is sufficient cause for your case to be “bound over” as a felony to the Common Pleas Court. Bond is normally set at this point if not set already.

After a Preliminary Hearing, what happens next?
If your case is “bound over” to the Common Pleas Court, your status is now “awaiting indictment.” The Prosecutor will present their case to the Grand Jury, and, if the Grand Jury finds sufficient evidence of a felony, then they will issue an Indictment. That Indictment will be served upon you along with a notice of your first Court date (Arraignment). There are also times when an indictment is issued with an arrest warrant. Bond modification can be addressed with the Common Pleas Judge at the arraignment.

The Bond on my case is really high; is there anything that can be done?
 If bond was set at the Municipal Court prior to or at your Preliminary hearing, then a Motion to modify bond can be filed as soon as there is a case number established at the Common Pleas Court.

What are the time restrictions with regard to “Speedy Trial”?
For a felony (any level), once the case has been initiated, the State has 270 days to bring you to trial, with three days counted for every day that you are incarcerated pending trial. If you are incarcerated on other charges, this may effect speedy trial time. Time on misdemeanors vary depending on the level of misdemeanor (90 days for M1 or M2; 45 days for M3 or M4; 30 days for MM). It is important to remember however, that there are many events that “stop the time clock.” For instance, each time a motion is filed on your behalf, your time is “tolled” or stopped until such time that the Court rules upon your motion.

I have been charged with a felony, how much time am I facing?
Possible prison sentences vary by degree of felony.  Some types and levels of felonies carry "mandatory" time specific to the statute.  For General Ohio Felony Sentencing Guidelines, click on the link.

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