Columbus City Attorney Zach Klein




Zach Klein
Columbus City Attorney
77 North Front Street
Columbus, Ohio 43215
614-645-7385
zmklein@columbus.gov


Ohio Crime Victim’s Rights – Adult Misdemeanor Violations


Columbus City Attorney Zach Klein’s Office

Prosecutor Division

To secure for victims justice and due process throughout the criminal justice system, a victim shall have the following rights, which shall be protected in a manner no less vigorous than the rights afforded to the defendant:

(1) To be treated with fairness and respect for the victim’s safety, dignity and privacy;

Right to Receive Crime Victim Information. After its initial contact with a victim of a crime, law enforcement agency responsible for investigating the crime promptly shall give to the victim, in writing, all of the following information:

o An explanation of the victim’s rights;

o Information about medical, counseling, housing, emergency, and any other services that are available to a victim;

o Information about compensation for victims under the program in sections 2743.51 to 2743.72 of the Revised Code and the name, street address, and telephone number of the agency to contact;

o Information about protection available to the victim, including protective orders issued by a court.

Right to Receive Criminal Investigation Information. As soon as practicable after its initial contact with a victim, law enforcement agency responsible for investigating the crime shall give to the victim all of the following information:

o The business telephone number of the law enforcement officer assigned to investigate the case;

o The office address and business telephone number of the prosecutor’s office; and

o A statement that, if the victim is not notified of the arrest of the offender within a reasonable period of time, the victim may contact the law enforcement agency to learn the status of the case.[ORC 2930.04]

(2) Upon request, to reasonable and timely notice of all public proceedings involving the criminal offense against the victim, and to be present at all such proceedings;

Notification When a Suspect is Arrested or Released. Within a reasonable period of time after the arrest of a defendant, law enforcement agency that investigates the crime shall give the victim notice of all the following pursuant to [ORC 2930.05(A)]:

o The arrest;

o The name of the defendant;

o Whether the defendant is eligible for pretrial release;

o The telephone number of the law enforcement agency;

o The victim’s right to telephone the agency to ascertain whether the defendant has been released from custody.

Notification of Court Dates: Upon the request of the victim, the prosecutor shall give the victim notice of the date, time, and place of any scheduled criminal proceedings in the case and notice of any changes in those proceedings or in the schedule in the case.[2930.06(C)]

Notification of Criminal Case Results: Upon request, the victim will be notified of the results of the case. If the defendant is convicted, the notice from the prosecutor shall include all of the following pursuant to ORC 2930.12 & ORC 2930.06(D):

o The crimes of which the defendant was convicted;

o If a presentence investigation is ordered, the address and telephone number of the probation officer or other person, if any, that is to prepare a presentence investigation report and the address and telephone number of the person, if any who is to prepare a victim impact statement

o If a presentence investigation is ordered, notice that the victim may make a victim a statement about the impact of the crime to the probation officer or person preparing a victim impact statement for inclusion in the report, that the statement contained within the report will be made available to the defendant unless the court exempts it from disclosure and that the court may make the victim impact statement available to the defendant

o Notice of the victim’s right to make a statement about the impact of the crime before sentencing;

o Date, time, and location of the sentencing or dispositional hearing;

o Any sentence imposed, including judicial release or modification after an offender’s successful appeal;

o A victim who requests to receive any further notice from the prosecutor shall keep the prosecutor informed of their current address and telephone number until the final disposition in the case.

(3) To be heard in any public proceeding involving release, plea, sentencing, disposition, or in any public proceeding in which a right of the victim is implicated;

Right to Attend Court Proceedings. A victim has the right to attend the trial and any related hearings or proceedings (except for grand jury proceedings) unless the court finds that the victim’s presence interferes with the suspect’s right to a fair trial. A victim may request that an advocate or support person accompany the victim to the court hearing.

Right to a Victim’s Representative. If a victim is a minor or is incapacitated, incompetent, or deceased, or if the victim chooses to designate another person, a member of a victim’s family or another person may exercise the rights of the victim as the victim’s representative. If a victim’s representative is chosen, the victim or the victim’s representative shall notify the prosecutor that the victim’s representative is to act for the victim. [ORC 2930.02]

(4) To reasonable protection from the accused or any person acting on behalf of the accused;

Right to Protection while in Court. The court must make a reasonable effort to minimize contact between the victim, victim’s family, victim’s representatives, or witnesses for the prosecution and the defendant, defendant’s family, or witnesses for the defense before, during, and immediately after court proceedings. The court shall provide a waiting area for the victim, members of the victim’s family, the victim’s representative, or witnesses for the prosecution that is separate from the waiting area provided for the defendant, members of the defendant’s family, and defense witnesses if a separate waiting area is available and the use of the area is practicable. [ORC 2930.09 and 2930.10]

Right to Protection Outside of Court. If a defendant has been released from custody on a bond or personal recognizance and the prosecutor in the case has received the affidavit of a victim stating that the defendant, or someone acting at the defendant’s direction, has committed or threatened to commit one or more acts of violence or intimidation against the victim, the victim’s family, or the victim’s representative, the prosecutor may file a motion asking the court to reconsider the conditions of the bond or personal recognizance. [ORC 2930.05(B)]

(5) Upon request, to reasonable notice of any release or escape of the accused;

(6) Except as authorized by section 10 of Article I of the Ohio Constitution[Criminal defendant’s Right to Due Process], to refuse an interview, deposition, or other discovery request made by the accused or any person acting on behalf of the accused;

(7) To full and timely restitution from the person who committed the criminal offense against the victim;

(8) To proceedings free from unreasonable delay and a prompt conclusion of the case;

Notification of Substantial Delay. If a motion, request, or agreement between counsel is made in a case that might result in a substantial delay in the prosecution of the case, the prosecutor, to the extent practicable and if the victim has requested notice, shall inform the victim that the motion, request, or agreement has been made and that it might result in a delay. If the victim objects to the delay, the prosecutor shall inform the court of the victim’s objections, and the court shall consider the victim’s objections in ruling on the motion, request, or agreement. [ORC 2930.08]

(9) Upon request, to confer with the attorney for the government [the prosecutor];

Right to Confer with the Prosecutor. The prosecutor in a case, to the extent practicable, shall confer with the victim in the case before pretrial diversion is granted to the defendant, before amending or dismissing a complaint against that defendant, before agreeing to a negotiated plea for that defendant, and before a trial of that defendant by judge or jury. A court shall not dismiss a criminal complaint solely at the request of the victim and over the objection of the prosecutor.

(10) To be informed, in writing, of all rights enumerated in this section.

Right to Notice from the Prosecutor. Once a prosecution in a case has been commenced, the prosecutor or a designee of the prosecutor, to the extent practicable, promptly shall give the victim all of the following information:

o The name of the crime with which the defendant in the case has been charged and the name of the defendant;

o The file number of the case;

o A brief statement regarding the procedural steps in a criminal prosecution involving a crime with which the defendant has been charged and the right of the victim to be present during all proceedings held throughout the prosecution of the case;

o A summary of the rights of a victim;

o Procedures the victim or the prosecutor may follow if the victim becomes subject to threats or intimidation by the defendant, or any other person;

o The name and business telephone number of a person to contact for further information with respect to the case;

o The right of the victim to have a victim’s representative exercise the victim’s rights and the procedure by which a victim’s representative may be designated;

o Notice that any notification under division (C) of this section, sections 2930.07 to 2930.15, division (A), (B), or (C) of section 2930.16, sections 2930.17 to 2930.19, and section 5139.56 of the Revised Code will be given to the victim only if the victim asks to receive the notification and that notice under division (E)(2) or (K) of section 2929.20, division (D) of section 2930.16, division (H) of section 2967.12, division (E)(1)(b) of section 2967.19, division (A)(3)(b) of section 2967.26, division (D)(1) of section 2967.28, or division (A)(2) of section 5149.101 of the Revised Code will be given unless the victim asks that the notification not be provided.

The victim, the attorney for the government upon request of the victim, or the victim's other lawful representative, in any proceeding involving the criminal offense against the victim or in which the victim's rights are implicated, may assert the rights enumerated in this section and any other right afforded to the victim by law. If the relief sought is denied, the victim or the victim's lawful representative may petition the court of appeals for the applicable district, which shall promptly consider and decide the petition. The Victim Notification Request form can be found here or for addititonal information call 614-645-8910

Please complete the Victim Notification Request form and forward it to Chief Prosecutor Bill Hedrick at brhedrick@columbus.gov, or mail it to 375 S. High St. 7th floor. Columbus, Ohio 43215.