Criminal_Pre-Trial_Proceedings-Preliminary_Hearing-Captions.xml
Criminal_Pre-Trial_Proceedings-Preliminary_Hearing-Captions.xml
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<p begin="00:00:00.25" end="00:00:05.30">This is your legal minute, brought to you by the Ohio State Bar Foundation.</p>
<p begin="00:00:05.70" end="00:00:10.40">Municipal courts in Ohio have some preliminary jurisdiction over felony cases.</p>
<p begin="00:00:10.50" end="00:00:16.70">This includes the initial appearance, when the defendant is brought before the court and is told his or her rights.</p>
<p begin="00:00:16.80" end="00:00:24.70">It also, however, includes a procedure called a “preliminary hearing”; in some states, it’s called a “probable cause hearing.”</p>
<p begin="00:00:24.80" end="00:00:30.00">At the preliminary hearing, the prosecution must present evidence in the form of testimony.</p>
<p begin="00:00:30.10" end="00:00:33.80">Witnesses appear for the State and testify under oath.</p>
<p begin="00:00:33.90" end="00:00:37.50">They also are subject to cross examination from the defense attorney.</p>
<p begin="00:00:37.60" end="00:00:41.60">Rarely, if ever, does the defense call a witness at this hearing.</p>
<p begin="00:00:41.70" end="00:00:45.80">The defense does not want to expose its witnesses to cross examination.</p>
<p begin="00:00:45.90" end="00:00:51.90">At the end of all the testimony, the judge must decide whether there is probable cause to believe</p>
<p begin="00:00:52.00" end="00:00:55.80">that a felony was committed and that the defendant committed the crime.</p>
<p begin="00:00:55.90" end="00:01:00.60">If he or she does, the case is “bound over” to the grand jury for the next step.</p>
<p begin="00:01:00.70" end="00:01:06.30">This legal minute is brought to you by the Ohio State Bar Foundation.</p>
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