Marsy’s Law

Crime Victim’s Rights
Ohio Victims Rights
Victims Rights Request Form

Ohio Constitution Article 1, Section 10a guarantees certain right to crime victims. This section is known as Marsy’s Law.  Ohio Revised Chapter 2930 codified these rights and established procedures to protect these rights.

Crime victims are automatically entitled to:

  1. Be informed of their rights.
  2. Be treated with fairness and respect for their safety, dignity, and privacy.
  3. Reasonable protection from the accused or any person acting on behalf of the accused.
  4. Receive information about the status of the case.
  5. Refuse a defense interview, deposition, or other discovery request unless ordered by the court.
  6. Object to defense requests for access to their confidential or personal  information.
  7. Be present at all public proceedings, other than grand jury proceedings.
  8. Have a support person with them during proceedings.
  9. Make statements in certain public proceedings involving victims’ rights.
  10. Object to unreasonable delays in the case.
  11. Full and timely restitution from the offender.

Crime victims MUST REQUEST the following rights to:

  1. Receive notice of the arrest, escape, or release of the offender.
  2. Have personal identifying information redacted from case documents before public release.
  3. Receive reasonable and timely notice of all public court proceedings.
  4. Confer with the prosecutor assigned to the case.
  5. Be notified of subpoenas, motions, or other requests to access any of their personal information.
  6. Appoint a victim’s representative.

Marsy’s Law does not:

  1. Impact the rights of the accused. It only ensures that victims have the same rights as the accused – nothing more, nothing less.
  2. Make a victim a party to a case. The victim’s role in a criminal case will not change, they are simply a person with certain rights. The prosecutor remains in control of the case and handles all decision-making in the prosecution of the crime.
  3. Cause unnecessary delays in the criminal process.

Marsy’s Law Information
Marsy’s Law rights and information is provided to crime victims by the police department in the form of Marsy’s information sheet. The information on those forms will help a victim navigate the criminal justice system. If you did not receive a form, please contact the investigating department to get a copy of the victim information sheet.

Above information provided by Marsy’s Law for Ohio, LLC and the Ohio Supreme Court.

General Stages of a Criminal Case:

Arraignment – This is the first stage in the court process. At the hearing, the defendant will enter a plea and the Judge will set a bond. The Judge at arraignment may not be the same Judge who will hear the case later.

Pretrial Conference – The purpose of a pretrial conference is for the defense attorney and the Prosecutor to meet and attempt to resolve a case to all parties’ satisfaction without a trial. Your input regarding the charges against the Defendant is important. Please contact the Prosecutor’s Office if any of the following apply:

  • you wish to discuss the charges against the Defendant;
  • you wish to request restitution for a financial loss suffered as a result of this incident;
  • you have information not contained in the police report(s) that you feel would be helpful to the prosecution; and/or
  • your telephone number(s) or address change.

The case may get set for more than one pretrial hearing. If the case can’t be worked out at pretrial, it will be set for a trial date. Generally, you do not need to attend the pretrial.

Trial – Just because a case is set for a trial date, it does not mean it will go to trial. If the case is set for trial, you will get a subpoena telling you when you need to come to court. Most cases are closed without going to trial. There are two types of trials: a JURY TRIAL where jurors decide if the defendant is guilty or not guilty; and a BENCH TRIAL where the Judge decides. There may be more than one trial date set. If your case is not the oldest case that day, it may be rescheduled. If you want to check the status of your case, you can look it up on the Kettering Municipal Court website at: http://www.ketteringmunicipalcourt.org/

If you know that you cannot appear for your court date, you must let the Prosecutor know as soon as possible. The Prosecutor will let you know if the case is rescheduled or if the Court will excuse you from coming.

Sentencing – All cases in Municipal Court are misdemeanors. Jail time and fines for conviction of misdemeanors depend on their classification. The degrees of misdemeanors and maximum possible jail time and fines are:

Classification Maximum Confinement Maximum Fine

Misdemeanor 1 (M-1) 6 months $1000

Misdemeanor 2 (M-2) 90 days $750

Misdemeanor 3 (M-3) 60 days $500

Misdemeanor 4 (M-4) 30 days $250

Minor Misdemeanor (MM) 0 days $150

JAIL IS ONE OPTION—IT IS NOT THE ONLY OPTION. Many defendants get probation and no jail if they go to drug, alcohol, mental health, or domestic violence counseling, and don’t violate their probation.

IMPORTANT:

If the defendant threatens or just tries to stop you from coming to court, the defendant’s bond could be revoked and they could be charged with a new crime. If any person pressures or threatens you about the case, let the prosecutor’s office know immediately. The defense attorney or someone from their office may try to talk to you. You are allowed to talk to them, but you don’t have to – it’s your choice. Be aware that they may seem really friendly, but they work for the defendant and could use things you say in court. Make sure to get the name and number of anyone trying to talk to you about the case. If you have any questions or if you need to report victim intimidation, call us at 937-296-2549.

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