Dear Lawyer Mark: I have a question about how courts work. I read the paper about the criminals all the time, and was wondering about the difference in the hearings.

Why are some arraignments, and some initial appearances? Also what exactly is a “pre-trial?” It seems like people are always pleading guilty at them, so why isn’t it just called a trial? — Confused in the County

Dear Confused: With all the different names of the hearings, it is pretty easy to get them mixed up. To understand some of the different meanings, you have to understand what courts can hear what types of crimes.

A misdemeanor is a crime that can be punishable by a sentence to jail. Depending on the degree, the maximum penalty increases, but the maximum for the worst misdemeanor (called —1 or first degree misdemeanor) is one year in the county jail. These cases are heard by the municipal court.

A felony, on the other hand, is punishable by a sentence to a penitentiary. Only a common pleas court judge can convict a person of a felony. In Ohio, a person can only be charged with a felony by an indictment from the grand jury, unless the defendant agrees to being charged by the prosecutor directly. The charge by the prosecutor in that case is called a bill of information.

As you can imagine, often times a person is arrested that is alleged to have committed a felony, but has not yet been formally charged by the grand jury. In those instances, the person is charged by the prosecutor, and then goes to municipal court, where the charge is read. This hearing is the “initial appearance” that you asked about. Because the municipal judge can’t convict a person of a felony, the defendant cannot enter a plea. Rather, the judge reads the charge, appoints an attorney if requested, and sets a bond that the defendant must post to get out of jail.

The municipal court then sets a date for a “preliminary hearing.” At this hearing, the municipal judge hears evidence offered by the prosecutor, and determines only if there is probable cause that the defendant committed a felony. If the court determines no probable cause exists, he dismisses the charges. If the court finds probable cause, he then orders the case to be sent to the grand jury for formal consideration.

If the grand jury also finds that there is probable cause that the defendant committed a felony, they charge him with the indictment. It is then that the defendant appears before the common pleas court for arraignment. The arraignment, whether it is for a misdemeanor at municipal court, or felony at common pleas court, is where the defendant enters a formal plea. If he enters a “not guilty” plea, the court sets a pre-trial. A pre-trial is a conference where the prosecutor, defense counsel, and judge determine the scheduling of the case, and discuss the legal issues. It is a the pre-trial that the prosecutor and defense often negotiate a proposed sentence in the event of a guilty plea, called plea bargaining. It is this reason that you often see people pleading guilty at a pre-trial: they have negotiated a proposed sentence recommendation.

If no agreement is reached, the matter is set for trial, which will be discussed in an upcoming column.

THOUGHT FOR THE WEEK: If you get something for nothing, someone else gets nothing for something.

It’s The Law is written by attorney Mark K. McCown in response to legal questions received by him. If you have a question, please forward it to Mark K. McCown, 311 Park Avenue, Ironton, Ohio 45638, or e-mail it to him at LawyerMark@yahoo.com. The right to condense and/or edit all questions is reserved.