Section 2937.12 | Preliminary hearing - presentation of case of accused.
(A) At the conclusion of the presentation of the state's case accused may move for discharge for failure of proof or may offer evidence on his own behalf. Prior to the offering of evidence on behalf of the accused, unless accused is then represented by counsel, the court or magistrate shall advise accused:
(1) That any testimony of witnesses offered by him in the proceeding may, if unfavorable in any particular, be used against him at later trial;
(2) That accused himself may make a statement, not under oath, regarding the charge, for the purpose of explaining the facts in evidence;
(3) That he may refuse to make any statement and such refusal may not be used against him at trials;
(4) That any statement he makes may be used against him at trial.
(B) Upon conclusion of all the evidence and the statement, if any, of the accused, the court or magistrate shall either:
(1) Find that the crime alleged has been committed and that there is probable and reasonable cause to hold or recognize defendant to appear before the court of common pleas of the county or any other county in which venue appears, for trial pursuant to indictment by grand jury;
(2) Find that there is probable cause to hold or recognize defendant to appear before the court of common pleas for trial pursuant to indictment or information on such other charge, felony or misdemeanor, as the evidence indicates was committed by accused;
(3) Find that a misdemeanor was committed and there is probable cause to recognize accused to appear before himself or some other court inferior to the court of common pleas for trial upon such charge;
(4) Order the accused discharged from custody.
Available Versions of this Section
- January 1, 1960 – Senate Bill 73 - 103rd General Assembly [ View January 1, 1960 Version ]