Cleveland, OH asked in Criminal Law for Ohio

Q: I was charged with child endangerment felony of the 2nd and domestic violence f5. The grand jury no billed me

Since the prosecutor couldn't get a felony indictment he went for misdemeanors instead and I was indicted. Why bother with it if you couldn't get the felony indictment.

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1 Lawyer Answer
Marcus A. Ross
Marcus A. Ross
  • Criminal Law Lawyer
  • Columbus, OH
  • Licensed in Ohio

A: Prosecutor’s have wide discretion and latitude whether there is sufficient evidence to present to a grand jury to meet the probable cause threshold for a criminal charge to be filed. In Franklin County felony criminal charges are filed through the grand jury process. Misdemeanor charges in Franklin County are filed through the criminal division of the City Attorney’s Office ( i. e. City Prosecutor’s Ofc.)Probable cause is a factual determination based on the totality of the circumstances ( i.e., physical evidence(Urine sample,bloood draw or breathalyzer exam in DUI/OVI,bad driving, performance on field sobriety tests,DNA kit in rape/sexual assault case, gun shot residue in firearms charge,etc, visible physical injuries in simple assault case, )video footage,

photos, witness statements, etc. It is ultimately a fact sensitive case by case inquiry driven by the tangible direct and/or circumstantial evidence present that the Prosecutor feels is sufficient to file the criminal charge.

Dimitrios Makridis agrees with this answer

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