If you are facing a criminal investigation or prosecution in Ohio, you may hear terms such as criminal complaint, indictment, preliminary hearing, and grand jury. These terms describe different parts of the criminal process, but they are sometimes used interchangeably.
A criminal complaint and an indictment are both charging documents, but they are created through different processes and can appear at different stages of an Ohio criminal case.
Understanding the difference can help you understand where your case stands and what may happen next.
Law current as of October 2026. This article provides general legal information and is not legal advice. It does not create an attorney-client relationship. Reading this article, or contacting our office through it, does not make you a client of Attorney Adam Burke LLC. Every case is different, and you should not act or refrain from acting based on this article without first speaking to a licensed Ohio criminal defense attorney about your specific situation.
What Is a Criminal Complaint in Ohio?
Under Ohio Criminal Rule 3, a complaint is a written statement of the essential facts constituting the offense charged. It must also identify the applicable statute or ordinance and generally must be made under oath before someone authorized to administer oaths. Crim.R. 3(A).
A complaint can be used to begin a criminal case. Depending on the circumstances, a complaint may be filed after an arrest or before an arrest and may be used as the basis for seeking a warrant or summons. Under Criminal Rule 4, a warrant or summons may be issued when the complaint or supporting affidavit establishes probable cause to believe that an offense was committed and that the defendant committed it. Crim.R. 4(A)(1).
Ohio law also provides procedures for affidavits and complaints filed by law enforcement or, in certain circumstances, private citizens who have knowledge of the alleged offense. R.C. 2935.09.
For a felony case that begins with a complaint, the defendant generally receives an initial appearance and has a right to a preliminary hearing unless that hearing is waived.
What Is an Indictment in Ohio?
An indictment is a formal criminal charge returned by a grand jury.
Ohio Criminal Rule 6 provides that a grand jury consists of nine members. An indictment may be found only when seven or more grand jurors concur. The foreperson (or deputy foreperson) then signs the indictment and it is returned to a judge of the court of common pleas and filed with the clerk of court. Crim.R. 6(A), (F).
Criminal Rule 7 provides that a felony punishable by death or life imprisonment must be prosecuted by indictment. Other felonies are also prosecuted by indictment unless the defendant, after being advised of the right to indictment, waives that right in writing and in open court. Crim.R. 7(A).
The Ohio Constitution also provides an important protection involving indictment by grand jury for capital or otherwise infamous crimes, subject to the exceptions stated in Article I, Section 10.
An indictment does not mean that the defendant has been found guilty. Ohio courts have long described an indictment as a “mere accusation” that indicates the grand jury found probable cause to believe the accusation is true. State ex rel. Lipschutz v. Shoemaker, 49 Ohio St.3d 88, 90 (1990); see also State v. Philpotts, 2025-Ohio-1179 (8th Dist.) (quoting Lipschutz). The question of guilt remains for the trial process.
Criminal Complaint vs. Indictment: The Main Difference
The simplest way to understand the difference is to look at who creates the charging document and how it is issued.
| Criminal Complaint | Indictment |
| Written statement charging an offense | Formal charge returned by a grand jury |
| Governed by Crim.R. 3 | Governed primarily by Crim.R. 6 and 7 |
| Can begin a criminal case | Results from the grand-jury process |
| Can be used in felony proceedings before indictment | Generally used to prosecute a felony in Common Pleas Court |
| Does not require a grand-jury vote | Requires concurrence of at least seven grand jurors |
| May lead to a preliminary hearing in a felony case | An indictment eliminates the need for a preliminary hearing on that felony case |
The important point is that neither document is a conviction. Both are part of the process used to formally accuse someone of a crime.
What Happens After a Criminal Complaint Is Filed?
The next steps depend on the type of offense and the circumstances of the case.
In a felony case that begins with a complaint, the defendant generally appears before a judge or magistrate. At the initial appearance, the court informs the defendant of the nature of the charge and certain rights, including the right to counsel. If the initial appearance is not pursuant to an indictment, the defendant is also informed of the right to a preliminary hearing. Crim.R. 5(A).
A defendant charged with a felony is entitled to a preliminary hearing unless the hearing is waived in writing. If the hearing is not waived, the court must schedule it within a reasonable time — no later than ten consecutive days after arrest or service of summons if the defendant is in custody, or fifteen consecutive days if the defendant is not in custody — although those time limits can be extended in the circumstances the rule allows. However, the preliminary hearing is not held if the defendant is indicted. Crim.R. 5(B)(1).
At a preliminary hearing, the court considers whether there is sufficient evidence to establish probable cause to hold the defendant for further proceedings. Criminal Rule 5 provides that if the court finds probable cause to believe that a felony was committed and that the defendant committed it, the court binds the defendant over to the court of common pleas. Crim.R. 5(B)(4)(a).
A preliminary hearing is therefore not a trial. It does not determine whether the defendant is guilty or innocent.
What Happens If the Grand Jury Returns an Indictment?
If the grand jury returns an indictment, the case proceeds according to the indictment.
Criminal Rule 7 requires the indictment to contain a statement that the defendant committed the specified public offense. Each count must also identify the statute the defendant is alleged to have violated. Crim.R. 7(B).
An indictment may contain multiple counts when the applicable requirements are met. Ohio law also provides rules concerning the contents and sufficiency of indictments. See R.C. 2941.03 and R.C. 2941.05.
After an indictment or information is filed, the defendant may be brought before the court for arraignment. Under Criminal Rule 10, arraignment involves reading the indictment, information, or complaint—or stating the substance of the charge—and asking the defendant to enter a plea. Crim.R. 10(A).
Does an Indictment Mean the Prosecutor Has Proven the Case?
No.
An indictment means the grand jury returned a formal charge. It does not establish that the defendant committed the crime.
The Supreme Court of Ohio has described an indictment as a “mere accusation” that reflects a grand jury finding of probable cause, not a determination of guilt. State ex rel. Lipschutz v. Shoemaker, 49 Ohio St.3d 88, 90 (1990). Ohio appellate courts continue to apply that description. See State v. Philpotts, 2025-Ohio-1179 (8th Dist.).
At trial, the State still has to meet the applicable burden of proof before a defendant can be convicted. In a criminal case, that burden is proof beyond a reasonable doubt.
This distinction is important because receiving an indictment can feel like the case has already been decided. Legally, however, an indictment is still a charging document.
Can a Person Receive a Complaint and Later Be Indicted?
Yes.
A felony case can begin with a complaint and later proceed through the grand-jury process.
When a defendant’s initial appearance is not pursuant to an indictment, Ohio’s criminal rules provide for a preliminary-hearing process. If the defendant is indicted, however, the preliminary hearing is not held.
The practical sequence can therefore look something like this:
Investigation → Complaint → Initial Appearance → Grand Jury/Indictment → Common Pleas Court → Arraignment → Pretrial Proceedings → Trial or Other Resolution
Not every Ohio criminal case follows exactly this sequence. The procedure can depend on the charge, how the case was initiated, whether the defendant was arrested, whether indictment was waived, and other circumstances.
What Is the Difference Between an Indictment and an Information?
An information is another type of charging document that is important to understand.
Under Ohio Criminal Rule 7, a defendant charged with a felony other than one punishable by death or life imprisonment may waive the right to indictment. If the defendant does so in writing and in open court after being advised of that right, the offense may be prosecuted by information. Crim.R. 7(A).
R.C. 2941.021 similarly permits certain criminal offenses to be prosecuted by information in the court of common pleas when the statutory requirements for waiving indictment have been satisfied, including that the defendant is represented by counsel or has waived counsel in writing and in open court.
So, while complaint, indictment, and information are all charging documents, they do not arise through exactly the same process.
Why Does the Difference Matter?
The distinction matters because the document you receive can tell you something about where your case is in the criminal process.
For example, a felony complaint may mean the case is at an earlier stage, with an initial appearance and potentially a preliminary hearing still ahead. An indictment means a grand jury has returned a formal charge, and the case can proceed in the court of common pleas without a preliminary hearing on that charge.
That does not mean one document automatically makes a case stronger or weaker. The significance of a complaint or indictment depends on the specific facts, charges, evidence, and procedural history of the case.
What Should You Do If You Receive a Complaint or Indictment in Ohio?
If you have received a criminal complaint or indictment, it is important to understand exactly what charges have been filed and what court is handling the case.
Do not assume that an indictment means you have been found guilty, and do not assume that a complaint is insignificant simply because it is not an indictment.
The charging document should be reviewed together with the circumstances surrounding the arrest or investigation, the evidence identified by the State, and the procedural history of the case. Because those details can vary significantly from one case to another, a person facing criminal charges should consider discussing the specific case with an Ohio criminal defense attorney.
This Article Is Not Legal Advice
The information in this article is provided for general educational purposes only and reflects Ohio law as of the date stated above. It is not legal advice, it is not a substitute for advice from a licensed attorney, and it may not reflect the most recent changes in the law or how the law applies to your particular circumstances. Reading this article, or contacting Attorney Adam Burke LLC through this website, does not create an attorney-client relationship. If you are facing a criminal investigation or charges in Ohio, you should consult a licensed Ohio criminal defense attorney about your specific situation as soon as possible.
Sources
The rules, statutes, and cases discussed above are available from the following official sources. [OHIO ATTORNEY TO CONFIRM: the original draft attached hyperlinks to blank spaces and included “?utm_source=chatgpt.com” tracking parameters; those should be removed and replaced with the clean links below.]
- Ohio Rules of Criminal Procedure (Crim.R. 3, 4, 5, 6, 7, and 10): supremecourt.ohio.gov/docs/LegalResources/Rules/criminal/CriminalProcedure.pdf
- R.C. 2935.09 (accusation by affidavit): codes.ohio.gov/ohio-revised-code/section-2935.09
- R.C. 2941.021 (offenses prosecuted by information): codes.ohio.gov/ohio-revised-code/section-2941.021
- R.C. 2941.03 (sufficiency of indictment or information): codes.ohio.gov/ohio-revised-code/section-2941.03
- R.C. 2941.05 (statement that accused committed a public offense): codes.ohio.gov/ohio-revised-code/section-2941.05
- Ohio Constitution, Article I, Section 10: codes.ohio.gov/ohio-constitution/section-1.10
- State v. Philpotts, 2025-Ohio-1179 (8th Dist.): supremecourt.ohio.gov/rod/docs/pdf/8/2025/2025-Ohio-1179.pdf