03-10-2011, 01:12 AM
(03-10-2011, 12:51 AM)Inspector Gary Wrote:(03-10-2011, 12:12 AM)WolfHouse Wrote: You mean I could do all that crap and have it all dismissed? Damn.
And then he gets picked up for failure to show? What, failure to show
so they could dismiss him. haha
Just checked on BC and guess what?!?!?! His charges have been DISMISSED as well!!
Interesting that it was SO IMPORTANT
I dont' have enough information to say whether or not it applies is this case, but here'a a possible explanation.
In Ohio, felony cases are usually first brought in Municipal Court and the Magistrate or Judge is to determine whether or not there is probable cause to bind the defendants over to the Common Pleas Court. Frequently the Defendants waive preliminary hearing and their cases are routinely bound over.
However, defendants can force the Prosecutor to reveal some of its evidence against them by demanding a preliminary hearing wherein the Prosecutor tries to put on just enough evidence to show probable cause BUT the defense then gets to cross-examine the witnesses the Pros puts on the stand.
So in cases where the Pros doesn't want to show any of its hand in advance and let the defense cross-examine any witnesses at such an early stage, the Prosecutor goes across the street to the Grand Jury and gets a secret indictment against the defendants and then comes back to the Municipal Court and DISMISSES the cases it filed there, thus depriving the defendants of the opportunity to force the Pros to show its cards in a preliminary hearing in Mun Ct. In effect saying "Sorry fellas, see ya later."
That could be what happened here.