What Is Marsy’s Law?

In Ohio, crime victims are provided certain rights detailed in the Ohio Constitution Article I, Section 10(a) and the Ohio Revised Code, often called “Marsy’s Law” or the Ohio Crime Victims’ Bill of Rights. Marsy’s Law Attorneys can ensure you understand all your rights and which ones must be specifically requested.

Crime victims have the right to reasonable notice, to be present and heard at all court proceedings, to be informed of the release of the offender, to offer input on negotiated pleas, to a prompt conclusion of their case, and to restitution for economic losses resulting from the criminal offense or delinquent act. Some rights are automatic, some must be requested to be exercised.

The way the law is designed, some of your rights as a victim are automatic and some of them must be requested. A Marsy’s Law Attorney can walk you through the process to ensure you have the knowledge and security to get those rights. 

Which Rights are Automatically Granted?

Victims are automatically entitled to: 

  • Be informed of their rights
  • Be treated with fairness and respect for their safety, dignity, and privacy
  • Reasonable protection from the accused or any person acting on behalf of the accused
  • Receive information about the status of the case
  • Refuse a defense interview, deposition, or other request unless ordered by the court
  • Object to defense requests for access to their confidential information, including
  •   medical, counseling, school, or employment records, access to their personal devices,
  •   online accounts, or other personal information
  • Be present at all public proceedings, other than grand jury proceedings
  • Have a support person with them during proceedings
  • Make statements in certain public proceedings involving victims’ rights
  • Object to unreasonable delays in the case
  • Full and timely restitution from the offender
Which Rights Have to be Requested?

Victims must specifically request the right to:

  • Receive notice of the arrest, escape, or release of the offender
  • Have personal identifying information redacted from case documents before public release
  • Reasonable and timely notice of all public court proceedings
  • Confer with the prosecutor assigned to the case
  • Be notified of subpoenas, motions, or other requests to access any of their personal   information
  • Appoint a victim’s representative
  • The right to an attorney to protect your rights is NOT guaranteed.  There is no requirement for an attorney to be appointed to protect you.
  • It is important to remember that ultimately the prosecutor represents Ohio, not you.

If you have been the victim of a crime and feel your personal protection is at risk, hiring a Marsy’s Law Attorney from Wicktora & Miller will grant you the security to feel that your needs are heard and worth fighting for.

The attorneys at Wicktora & Miller have experience representing victims in court.

If you have been the victim of a crime and desire protection, call 513 318-9981 right now to schedule a consultation or through our forum portal.