Losing someone to homicide introduces you to a complex journey through the criminal justice system – a path that can often feel like navigating a puzzle in the shadow of trauma. It’s common to feel overwhelmed by the detailed steps and rules, from the initial police investigations to the judicial decisions that conclude a case.
This section is designed to introduce you to each part of the process. Please remember that you can read as little or as much of this guide as you are able, honoring your capacity to tackle complex information during this time.
Vital Tip: It’s important to recognize from the outset that the criminal justice system primarily focuses on legal procedures, which might not always align with your personal expectations or how you feel about your case. However, you are not alone in this.
Victim advocates are available in many communities, through prosecutor’s offices, and police departments, to provide clear explanations and empower you with the knowledge needed to navigate this system confidently. You can connect with a victim’s advocate through prosecutor’s offices, law enforcement or other advocacy programs.
Finally, if at any point you feel that your rights have been violated, the Ohio Crime Victim Justice Center is at your disposal to offer free legal assistance. You can reach out to them at www.ocvjc.org for support.
With this understanding, let’s explore the various phases of the criminal justice process and set realistic expectations for the road ahead.
Investigation
The process begins when a homicide is reported. Police gather evidence, interview witnesses, and identify suspects. You may be asked for a statement or to identify property. You have the right to be notified of an arrest and to confer with the prosecutor about initial charges. The investigation may lead to a warrant for the offender’s arrest
To Do: Contact your Victim Advocate to confirm your contact info and ensure your Victim Rights Request (VRR) form is processed.
Grand Jury
In Ohio, homicide charges are charged through a process called a Grand Jury. This is a non public process in which the prosecutor presents the facts of a situation to a panel of chosen jurors, specially selected for the process of grand jury. Unlike jury duty for a trial, this panel of citizens is chosen and their role is to look at the presented evidence and determine if the evidence rises to the level of filing criminal charges against a person. If charges are approved, it is considered an indictment, or grand jury indictment. A warrant will be issued for the offender’s arrest or an arraignment will be scheduled. In the event the Grand jury finds there is not enough evidence to file a criminal charge, it is considered a “No Bill”, and no further action will be taken at that time. However, the prosecution can still present the facts of the case to a grand jury in the future if additional evidence becomes available.
To Do: Register with Ohio VINE program and file a claim with the Ohio Crime Victim Compensation Program.
Arraignment & Bond
The defendant appears in court to hear the charges filed against them and will enter a plea. A plea is letting the court know how they would like to proceed with the case and whether they are pleading guilty or not guilty. It is also possible that a plea of not guilty by reason of insanity be filed, which will also start the process of psychiatric evaluations to determine if the defendant is competent to stand trial, and if they were competent at the time of the offense. This type of plea adds steps to the normal criminal justice process. It is very important to remember that in 99% of the cases of homicide, a not guilty plea is entered at the time of the arraignment. This is the only type of plea that will start the process below. The judge then decides whether they remain in jail or are released on bond.
Bond is an amount of money payable to the court (and returnable at the end of the case if the defendant complies with the bond conditions) to ensure the defendant will return for trial. Decisions by the court on an amount of bond consider both the likelihood of the person returning and the safety of the victims in the case, or the level of violence in the alleged offense. When setting bond, the Judge may add certain conditions the defendant must follow if they are cable to post the bond set in the case.
To Do: You have the right to attend and be heard before any public hearing in which your rights are implicated. If you cannot attend, contact your advocate to submit a written statement or have an advocate speak on your behalf.
Discovery & Pre-Trial
This is often the longest stage, involving evidence exchange, legal motions, and meetings with attorneys and the judge to decide what evidence may be admitted in a trial, and what is not allowed to be presented.
Privacy & Safety: Under Ohio Criminal Rule 16, request that sensitive materials be marked “Counsel Only” so the defendant cannot personally view them. There are other crime victim rights that also may apply during this stage of the process.
Resolution (Plea or Trial)
About 75% of Ohio felony cases end in a plea agreement.
Negotiated Plea: This is an agreement (sometimes referred to as a plea bargain) that the defense and the prosecution develop to avoid a trial and resolve the criminal charges against the defendant. This could mean reducing or dismissing one or more of the charges in exchange for a plea to others and may include recommendations for sentencing. You have the right to be notified and to confer with the prosecutor before an agreement is finalized.
Trial: If no plea agreement is reached, you have the right to be present for the entire trial, even if you testify. Your victim advocate and the prosecutor will assist you in preparing for a trial. It is important for you to be made aware of any difficult information that might come out in testimony or evidence during the trial, so that you may prepare yourself and decide if you want to step out during certain testimony.
The trial could be conducted with a jury. If it is a jury trial, the process of picking the jury is a formal process that will occur before the trial begins. A jury is convened by citizens reporting for jury duty and then answering questions so that the parties to the case can officially pick people they would like to serve on the jury. This is a legal process where each side can ask questions and can reject a certain number of jury members. The jury is required to attend the entire trial and then meet after the trial ends to decide if the defendant is guilty of any, all or some of the charges filed against them.
To Do: Request a secure waiting area (if possible) to avoid contact with the defendant’s family, discuss with the prosecutor or your advocate if, and how often you would like to be in the courtroom, what evidence will be presented and if you are considering wearing or bringing items in memory of your loved one
Special Note: Navigating the Outcome of the Trial
It’s important to prepare for all possible outcomes as the trial concludes. Despite the hope for a verdict that brings justice, sometimes the result may be far from the justice you seek. This can be deeply disappointing and may intensify feelings of injustice and grief.
Finding other avenues to express your anger and outrage can be beneficial as having an outlet for your emotions has been proven to help. While it can’t bring back your loved one, it can provide potential healing.
Remember, the outcome of the trial does not invalidate your feelings or the reality of your loss. It’s crucial to seek support during this time, whether through counseling, community groups, or loved ones. Allow yourself generous space to process your emotions.
Sentencing
Upon a guilty plea, or after have been found guilty after the trial, the judge determines penalties and orders restitution. In capital (death penalty) cases juries also make recommendations for sentencing.
Victim Impact Statement: You may submit a written or oral statement about the crime’s impact.
To Do: Provide all financial receipts (funeral, counseling, lost wages) to the prosecutor in the manner determined by the prosecutor’s office, and if you choose, prepare a victim impact statement. You may also consider if you would like a support person or your advocate to assist you at the sentencing hearing or in presenting a victim impact statement.
Note: Both the prosecution and the defense have the opportunity to present legal arguments regarding sentencing.
Post-Sentencing & Appeals
Defendants may appeal their conviction, and often on homicide cases, an appeal may be filed immediately. This begins the post-conviction phase of the criminal court process. By Ohio law, victims of Felony 1, 2, 3 crimes of violence have automatic rights. The Notification Unit of the Ohio Parole Board will search for you, if you are not registered to notify you of upcoming post-conviction actions, unless you opt-out of notifications. You will have additional services or assistance provided to you through the Ohio Department of Rehabilitation and Correction, Office of Victim Services (OVS), if you choose. OVS is available throughout the post-conviction process. You may still have contact with your advocate who assisted you through the criminal case and/or the prosecutor, depending on the situation.
To Do:
Contact ODRC Victim Services (888-842-8464) to request services and to request a Cease-and-Desist order if unwanted contact is happening when the incarcerated person is in prison.
Update your registration with Ohio VINE .
Incarceration & Parole
The offender is transferred to the Ohio Department of Rehabilitation and Correction (ODRC).
The Office of Victim Services (OVS) through ODRC provides statutory and other notifications intended to ensure victim support and safety, including notice of offender’s escapes, apprehensions, and offender deaths. Registering for notification with OVS allows victims to be fully informed of post-conviction events. OVS provides direct support to crime victims at victim conference day appointments, full board hearings, clemency hearings (death and non-death penalty cases), and violation hearings.
KEY TAKEAWAY:
Armed with knowledge of your rights and having a general understanding about the criminal justice system, you’re better equipped to navigate the legal journey ahead. This empowerment comes from understanding what you’re entitled to and how to assert those rights, ensuring your voice is heard and respected every step of the way.