Victim's Rights
Under Ohio law, victims of crimes have certain rights.
This section will advise you of those rights and outline
the processes that are gone through in the prosecution of
criminal cases.
Steps
involved in criminal prosecution
Arraignment
| Victim Attendance in Court
| Victim Input
Going to Trial | Victim's
Rights Links
Arraignment and posting
bond
When the defendant in the case is served with a copy of
the indictment, the defendant will appear before the Common
Pleas Court for an arraignment. At the arraignment, the
defendant pleads guilty or not guilty to the crime charge
-- typically not guilty. Also, the Court will decide what
bond, if any, the defendant will be required to post to
be released. All criminal defendants, except those charged
with capital murder cases, are entitled to the setting of
bond. The bond may range anywhere from an own recognizance
bond, which means the defendant is released upon signing
documents with the Clerk's office promising to appear, to
a cash or surety bond where the defendant must post either
cash or surety before release.
What
Court Proceedings can a victim attend?
Court proceedings are open to the public. A victim is
entitled to be present in open court for any of those proceedings
if the victim wishes, however, the victim is not required
to be. Pretrial Conferences are not open to the public,
however, occasionally a court proceeding may take place
at the conclusion of the pretrial conference, so a victim
my wish to be at the courthouse on those scheduled dates.
That way, if something does take place in open court, the
victim can be present. The Prosecutor makes arrangements
with the Clerk of Court to send a victim copies of any entries
which schedules the case for a proceeding in Court.
Many times a number of different cases will be on the Court
schedule for the same time for pretrial conferences. No
evidence is taken in court during those proceedings, that
is why a victim is not required to be at a pretrial conference.
If something does happen in open court on the case, the
courtroom doors will be opened and the bailiff will announce
what cases are going into open court. If the case the victim
is interested in is not called, then there will be no proceeding
on that case in open court on that day. It is unlikely the
Prosecutor will be able to talk to a victim on days of pretrial
conferences because of the number of cases handled.
Victim input in the case
A criminal offense charged is a crime against all of the
people of the State of Ohio. That is why the criminal charge
is recited as the State of Ohio vs. the defendant. It is
the responsibility of the Prosecutor to decide what charges
are to be filed, the manner in which the prosecution of
the case is to be handled, and what plea negotiations, if
any are entered into. However, it is very important to the
Prosecutor and his staff that we receive input from victims
as to their thoughts and wishes regarding a case. If a victim
wishes to provide the Prosecutor's Office with any information
or thought on a case, the Prosecutor requests that the input
is put in writing and mailed to his office (address below)
so there is a written record for his file.
Going to Trial
If it appears that a case will be going to trial, the victim
will receive a letter from the Prosecutor's Office in advance
of the trial with additional information regarding the trial
itself. At that time a victim will be asked to contact the
office so the prosecutor handling the case may meet with
the victim to discuss participation and testimony in the
trial.
Victim's
Rights
Victim's Rights
| Victim's Compensation
| Threats | A
Victim's Representative
Victim's Rights
The Ohio Legislature has created laws to provide certain
rights to victims of crime. Among the rights available to
you are that law enforcement officers conducting the investigation
will provide to you the telephone number of the officer
assigned to the case, the name, address and telephone number
of the Prosecutor assigned to the case, and a statement
that you can contact law enforcement to inquire about the
status of your case. Law enforcement officials are also
to notify you of the offender’s arrest and if the
offender is eligible for pre-trial release. They should
also provide you with a phone number to call to inquire
if the offender has been released.
Quite often property seized as a result of a crime being
committed must be maintained as evidence. If your property
has been seized as evidence, it will be safely held until
it is no longer needed as evidence. Property seized as evidence
may be released by the Prosecutor or by the Court hearing
the criminal case against the offender under certain circumstances.
For all felony crimes and certain misdemeanor crimes, the
Prosecutor will notify you either orally or in writing of
the status of the case. The Shelby County Prosecutor has
made arrangements with the Clerk of the Court to provide
that you are sent copies of all entries and notices filed
in the case so that you may keep track of the case’s
status.
After legal action is taken against the offender, the Prosecutor
will provide to you the name of the offense with which the
offender has been charged; the file number of the criminal
case; a brief explanation of the procedures involved in
a criminal prosecution; a brief statement regarding your
right to be present during all proceedings held throughout
the prosecution of the offender; a summary of your rights
as a victim; procedures you may take if you become subject
to threats or intimidation; the name of the person to contact
for further information regarding the criminal case; and
your right to have representation exercising your rights.
If you are a victim in a case being handled by the Shelby
County Prosecutor’s Office, you can contact the Prosecutor’s
Office for further information and an explanation of these
rights and information about the case.
Victim's Compensation
As a victim of a crime, you may be entitled to file a
claim under Ohio’s Crime Victim’s Compensation
Act. To file a claim, you must fit in one of the following
categories: 1) an innocent victim of violent crime, including
a victim of a drunk driver; 2) a dependent of a deceased
victim; 3) a parent or guardian of a crime victim if you
pay the victim’s expenses; or 4) someone who has taken
legal responsibility to pay the expenses incurred due to
the crime.
The Crime Victim’s Compensation Act covers all medical
expenses necessary for treatment and care of the victim
that are not covered by insurance, funeral expenses, loss
of income, counseling costs, and some other costs. The Victim’s
Compensation Act does not cover property damage or loss
and does not cover claims for pain and suffering. The Compensation
Act only pays for out-of-pocket expenses that are not recoverable
through some other source.
You are required to file a claim for compensation within
two years of the date the crime occurred. The only exception
is for people who are juveniles when they become victims.
They can file before they turn 20 years of age. A failure
to file within the two year time period may result in you
not being able to recover under the Crime Victim’s
Compensation Act.
If a victim is threatened...
If a victim should at any time become subject to threats
or intimidation by the defendant or any other person, the
victim should immediately notify the Prosecutor's Office
or the law enforcement agency handling the case. There are
certain criminal charges that can be filed against individuals
who attempt to intimidate victims or witnesses of a case.
Designating a representative
to exercise the victim's rights
If for some reason a victim wishes to designate a representative
to exercise the victim's rights for the victim, the victim
must notify the Prosecutor's Office in writing of the representative
that the victim has chosen. At that point, there will be
no further contact with the victim, but all contact will
go through the victim's representative that the victim has
designated.
Links
to other Internet Sites about Victim's Rights
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