FAQ – Court Process for Vehicular Assault and Vehicular Homicide in Columbus & Central Ohio

Q: What court hears cases of Vehicular Assault or Vehicular Homicide in Ohio?
A: It depends on whether the charge is a misdemeanor or a felony. A misdemeanor case is held in a municipal court or a mayor’s court.

A felony case may begin in a municipal court but will ultimately be heard in a common pleas court. In the municipal court, there will be an ‘Initial Appearance’ for addressing bail. Within 10-15 days, there will then be a ‘Preliminary Hearing’ for a judge to determine whether the case should be bound-over to the common pleas court. Most courts, do not hold preliminary hearings. Instead, they dismiss the case in the municipal court, and the prosecutor’s office takes the case to the grand jury in the common pleas court.

Q: What happens in a grand jury hearing for Vehicular Assault or Vehicular Homicide in Ohio?
A: For felony cases in Ohio, the prosecutor’s office presents evidence to nine grand jurors. The grand jurors then decide whether there is probable cause to believe the defendant committed the alleged offense(s). If the answer is “no”, the grand jury returns a ‘no bill’. If the answer is “yes”, the grand jury returns a ‘true bill’, and an indictment is issued. An indictment is a document which notifies the defendant of the charge(s) against him or her. The indictment is served on the defendant with an arrest warrant or a summons to appear at an arraignment.

Q: What happens at an arraignment for Vehicular Assault or Vehicular Homicide in Ohio?
A: At an arraignment, the defendant enters a plea. The plea may be Guilty, No Contest, or Not Guilty (as well as Not Guilty by Reason of Insanity). If the defendant enters a plea of Guilty, the court will make a finding of guilt and hold a sentence hearing. If the defendant enters a plea of No Contest, the court will (likely) make a finding of guilt and hold a sentence hearing. If the defendant enters a plea of Not Guilty, the court will schedule additional hearings.

Q: What happens at a pretrial hearing for Vehicular Assault or Vehicular Homicide in Ohio?
A: A pretrial hearing, sometimes called a status conference, is an opportunity for the prosecutor and defense attorney to discuss the case and negotiate an agree resolution (plea bargain). If the parties reach an agreement, the court holds a plea hearing to finalize the agreement. If the parties do not reach an agreement, the court schedules the next hearing. If there have been motions filed, the court schedules a motion hearing. If there have not been motions filed, the court schedules a trial.

Q: What happens at a motion hearing for Vehicular Assault or Vehicular Homicide in Ohio?
A: In these types of cases, the most common defense motions ask the court to suppress evidence: exclude the evidence from trial. When a defendant files a motion to suppress evidence, the court holds a motion hearing. At the motion hearing, witnesses testify and documentary evidence is introduced. The judge then issues a ruling on the motion, either immediately or later. At the motion hearing stage, there may be also be additional negotiations between the parties.

Q: What happens at a trial for Vehicular Assault or Vehicular Homicide in Ohio?
A: At a trial, a jury (or judge) decides whether the evidence proves the defendant’s guilt. The defendant is presumed innocent. The defendant can testify but cannot be forced to testify. The defendant can, but does not have to, present evidence. The defendant can only be found guilty if the jurors unanimously agree the prosecution proved the defendant’s guilt beyond a reasonable doubt.

Q: What happens at a sentence hearing for Vehicular Assault or Vehicular Homicide in Ohio?
A: At a sentence hearing, the prosecution and defense attorney make recommendations to the court regarding what sentence may be imposed. The court also hears from the defendant and the victim or victim’s representative. The court then imposes the sentence.

The Dominy Law Firm is familiar with the court process for cases of Vehicular Assault and Vehicular Homicide. Our firm represents clients for these types of cases in Franklin County and in courts throughout central Ohio. If you are facing a case of Vehicular Assault or Vehicular Homicide in central Ohio and would like to discuss representation, you can schedule a free phone consultation by submitting a CONTACT FORM or by calling 614-717-1177.