Newsletter
Victim's Rights Information
In Ohio, victims are not parties to a criminal or juvenile case. The prosecutor represents the State of Ohio as a whole, not the victim alone. This does not mean that victims of crime should feel they are helpless bystanders in the criminal justice system. The input and involvement of victims is important to the most effective prosecution of a case. Additionally, victims possess specific rights from the time of the crime until the offender is released from prison. On this page, you will find a summary of those rights under Chapter 2930 of the Ohio Revised Code. It also includes information on effective testifying and other important programs for victims, such as V.I.N.E. and the Ohio Victims of Crime Compensation Fund.
The Wood County Prosecutor’s Office cares about you as the victim of a crime and your rights are important to us. If you have any questions about the information on this website or about a specific case, please call the Victim/Witness Services staff at 419-354-9250 (ask for Monica DeLeon or Bob McGeein). You can also call toll-free to the Wood County Offices at 866-860-4140, and ask for the Prosecutor’s Office. Our office will do our best to protect your rights as a victim and to help you achieve any of these rights which you choose to exercise.
ELIGIBLE VICTIMS | REQUIRED NOTICES | APPEALS PROCESS | CONFIDENTIALITY OF VICTIM INFORMATION
VICTIM’S ATTENDANCE AT HEARINGS | BOND HEARING | RETURN OF PROPERTY | PLEA NEGOTIATIONS
VICTIM IMPACT STATEMENT | EMPLOYERS OF VICTIMS
CHANGE IN CUSTODIAL CIRCUMSTANCES AND THE V.I.N.E. SYSTEM
COURT DISPOSITION OF JUVENILE CASE | TIPS FOR BEING AN EFFECTIVE WITNESS | VICTIMS OF CRIME COMPENSATION
If you have been a victim of one of these listed crimes, whether committed by an adult or a juvenile, you fall under the provisions of Ohio’s Victim’s Rights Law:
ALL felony crimes against people and property and the following misdemeanor crimes — including similar municipal ordinances:
• Domestic Violence
• Assault
• Vehicular Homicide
• Negligent Homicide
• Sexual Imposition
• Menacing by Stalking
• Menacing
• Aggravated Menacing
• Intimidation
REQUIRED NOTICES IF REQUESTED BY VICTIM
A victim has a right to be notified of information regarding the case either orally or in writing. A letter including the name of the defendant or juvenile, the offense, and the case number will be sent to each victim along with return form to request notification. It is the responsibility of each victim to request notification, if desired, and to maintain a current address or phone number with the prosecutor’s office. If the victim is unable to receive notification, the victim has a right to select a representative to receive these notices on the victim’s behalf. If the victim returns the postcard requesting notification, the prosecutor must notify the victim of the following (where applicable):
• All court proceedings and schedule changes, including date, time and location;
• Victim’s right to attend hearing;
• Procedure to follow if victim is subject to threats or intimidation;
• If practicable, the prosecutor must inform victim of possible delays in the process and, if the victim objects, the prosecutor shall inform the court which shall consider the victim’s concerns before approving delays
• Acquittal or conviction in a trial;
• Dismissal of the complaint against the alleged juvenile offender or of the adjudication of the alleged juvenile offender as a delinquent child;
• Crimes of which the defendant or juvenile offender was convicted;
• Phone number and address of Probation Department or other representative preparing pre-sentence investigation;
• Notice that victim may make a statement as part of the pre-sentence investigation;
• The victim’s right to make a written or oral statement before sentencing;
• The sentence and any change to the sentence;
• Incarceration and likely release date of defendant or juvenile and the business address and phone number of the custodial agency for victim to contact;
• Hearings for judicial release and the victim’s right to make a statement. The court shall notify the victim of its ruling in each of those hearings.
An appeal is the process where a party, typically the defendant, objects to some action or ruling at the initial, or trial court, level. Generally, the party must have objected at the trial court level. A defendant may file an appeal saying that the trial court should have suppressed, or kept out, certain evidence or testimony that it allowed or that the trial court should have dismissed the case for some reason. This process usually occurs after the trial court is finished with the case (i.e., after the defendant has been sentenced).
The appeals process occurs in a different court, called an appellate court or Court of Appeals. The courts of Wood County fall under the jurisdiction of the Sixth Ohio District Court of Appeals, which is located in Toledo.
Regarding the appellate process, crime victims have the right to the following notifications, if they have requested:
• That an appeal was filed and the subsequent procedural process;
• If applicable, the release of the defendant on bond or the conditions imposed by the court upon a juvenile, pending the disposition of appeal;
• The time, place, and location of appellate court proceedings and any subsequent changes in those proceedings;
• The result of the appeal;
CONFIDENTIALITY OF VICTIM INFORMATION
The prosecutor may ask the court to withhold victim’s or victim’s representative’s identifying information from the defense if there is fear of threats or violence. The court shall hold a recorded hearing in chambers. The court may suppress victim information from files, except when determining the crime location, and seal the transcript of the hearing.
VICTIM’S ATTENDANCE AT HEARINGS
While they are not required to, victims may attend any hearing where the defendant or juvenile offender is present unless the judge rules exclusion of the victim is necessary to guarantee a fair trial. At the victim’s request, the court must permit a support person to accompany the victim unless the judge rules this will cause an unfair trial for the defendant or juvenile offender.
The court must attempt to minimize contacts between the victim and the defendant or juvenile offender and shall provide a separate waiting area for each.
A “bond” in a criminal case is a monetary amount required by the court and/or requirements placed on a defendant by a court as a condition of the defendant’s release from custody while the defendant’s case is pending. The defendant must either put up the amount of money set by the court or promise to follow the requirements set by the court (or both, if the court has ordered both), which include appearing at all hearings ordered by the court. If there is a victim involved, the court may order that the defendant have no contact with the victim. Bond is generally set at one of the initial hearings in the case.
If a defendant is released on bond or a juvenile from detention, and the victim or victim’s family is subsequently harmed or threatened by the defendant or juvenile offender or at the defendant’s or juvenile offender’s direction, then the victim may request the prosecutor to ask the court to reconsider bond or release conditions. The court may raise the bond amount, revoke bond altogether or change or add bond conditions.
Law enforcement must promptly return property to the victim unless it is contraband or ownership is disputed. Additionally, the prosecutor may certify to the court that the property is of such evidentiary value that it must be kept instead of photographed. Finally, the defendant or juvenile offender may file a motion with the court that the property is needed for the defense in the case. In that instance, the court must promptly decide whether the evidentiary value of the property to defendant or juvenile offender is greater than the victim’s need for the property to be returned.
Plea negotiations are a necessary step in most criminal and juvenile cases. The extent of negotiations varies with each case. Evidentiary concerns, the best interests of the victim, the criminal history of the defendant, the cooperation, admission or remorse of the defendant, the prosecutor’s past experience in similar cases, and the desires of victims, witnesses, and police officers are all factors that prosecutors take into consideration in deciding whether and to what extent he or she will engage in plea negotiations. Negotiations may take the form of affecting the charges to be filed or in agreeing upon a sentencing recommendation. Negotiations do not occur without the best interests of the affected people in mind. They should not occur without the input of victims.
Under Ohio’s Victim’s Rights Law, a crime victim has the right to expect that, to the extent practicable, a prosecutor will confer with the victim before an agreement to a negotiated plea, amendment, dismissal of a charge, diversion, or trial. Failure of the prosecutor to confer with the victim shall be noted on the court record.
Victims may make a written or oral statement for any pre-sentence investigation that a court orders. They also have the right to appear at a defendant’s sentencing and give an oral victim impact statement at that time. The victim’s written statement shall be included in the pre-sentence investigation. Any statement may include physical and emotional harm, economic losses, restitution needs, compensation requests, and the victim’s recommendation for an appropriate sentence for the defendant or juvenile offender. The court may give copies of any written statements to both victims and defendants or juvenile offenders. Written statements are not public record and must be returned to the court. Before a judicial release or an early release hearing, the court shall permit and consider a victim impact statement.
Employers cannot take punitive action against victims for preparing for or attending court hearings at the prosecutor’s request or by subpoena. A violation of this section is contempt of court.
CHANGE IN CUSTODIAL CIRCUMSTANCES AND THE V.I.N.E. SYSTEM
If a victim so requests, the agency having custody of the defendant or juvenile offender must notify the victim of any release hearings and/or releases and of the victim’s right to make a statement prior to such hearings. It must also notify the victim should the defendant or juvenile offender escape.
Both the prison system in Ohio (Ohio Department of Rehabilitation and Correction) and the Wood County Justice Center are connected to the V.I.N.E. (Victim Information and Notification Everyday) system. Registering on-line for this service allows crime victims to obtain timely and reliable information about criminal cases and the custody status of offenders 24 hours a day. Victims and other concerned citizens can also register to be notified by phone, email, text message (SMS) or TTY device when an offender's custody status changes. Go to https://www.vinelink.com/vinelink/initMap.do and click on the State of Ohio for registration information. Users can also register through Ohio’s toll-free number (800) 770-0192.
Please note: Information on juvenile inmates in the Department of Youth Services is not available in VINELink. For juvenile information, please contact the Office of Victim Services with the Department of Youth Services at 1-800-872-3132.
COURT DISPOSITION OF JUVENILE CASE
If the juvenile court disposes of a case prior to the prosecutor’s involvement in the case, the court shall notify the victim that the alleged juvenile offender will be granted diversion, the complaint will be amended or dismissed, or the court will conduct an adjudication hearing. The court shall also give all other required information.
TIPS FOR BEING AN EFFECTIVE WITNESS
1. Dress neatly. Neatness in your appearance and proper attire is important.
Good: collared shirt; slacks; clean, non-holed jeans; sweater; skirt or dress (knee-length); professionals: business suit or shirt and tie
Not so good: “mini”-anything; spaghetti straps; loud colors midriffs; sweats; shorts; tee-shirts; athletic gear; muscle shirts; rips, cuts, holes, wrinkles
2. Stay calm. Be fair and frank. Don't be too anxious to please or too eager to fight. Don’t try to engage the opposing attorney in a battle of wits or words.
3. Be courteous to the judge, the prosecutor and the defense attorney. Even if an attorney is nasty to you, you win points with the jury if you keep your cool.
4. Listen carefully. If you do not understand a question, say so. Do not let anyone put words into your mouth. If you make a mistake, or a slight contradiction, admit it and correct it. Wait until the entire question is asked before answering.
5. Do not guess. If you don't know or can't remember, say so.
6. Take your time. Think before you speak.
7. Stop your answer, if one of the lawyers calls "Objection" or if the court interrupts and wait until the court gives its ruling.
8. Speak clearly and loudly enough for the judge, attorneys, court stenographer and jury to hear you. Don't chew gum. Keep your hands away from your mouth and face.
9. Answer the questions directly. Don't volunteer information that is not asked of you. Just answer the question and stop.
10. Short answers are better than long explanations.
11. Do not try to memorize your testimony. Just think about what happened and answer the questions.
12. The most important rule is to Tell the Truth.
Ohio has established a fund for reimbursement of certain expenses for the victims of violent crimes. This fund is administered by the Ohio Attorney General’s Office. There are qualifications and limitations that apply. The fund can cover such items as medical and related expenses; certain counseling fees; certain lost wages; and many expenses for family members of deceased victims. For more information and to download an application or apply for compensation on-line, go to http://www.ohioattorneygeneral.gov/Services/Victims/Victims-Compensation-Application . You can also call (800) 582-2877.
The following is a list of what you should be saving to prove expenses if you are eligible:
1. Medical Bills and Proof of other related medical expenses (including medical necessities, i.e. a wheelchair).
2. Counseling bills.
3. Proof of prescriptions purchased.
4. Proof of eyeglass purchase or repairs needed due to the crime, or bills for treatment of damaged eyesight.
5. Acceptance or denial letter from your application for the Hospital Care Assurance Program (HCAP) (you must apply for this program and determine if you are eligible for benefits through the hospital before the Victim’s Compensation Program will award any money to you).
6. Insurance documents, including the explanation of benefits (this shows what your insurance pays and what you are responsible for paying).
7. Keep track of your mileage for medical appointments and for any required court appearances or meetings with the prosecutor.
8. Save all parking receipts for required court appearances (you can prove that you were required to be there by providing either a subpoena or a letter from the prosecutor verifying the need for you to appear).
To obtain a Summary of Ohio's Crime Victims Rights Law [Ohio Revised Code Section 2930] March, 2007, click the link below.
