As a Victim, You Can...

• Request to make an oral or written Impact Statement 2930.13B
• File a written objection to any pre-trial diversion allowed by the prosecutor in your case 2935.36
• Request notification of registration and registration information, as well as any changes in that information if the defendant is convicted of a sex crime requiring registration 2950.10, 2003 Ohio Laws File 29 Sub S.B.S)
• Notify the prosecutor or court if you wish to have a representative exercise all of your rights 2930.02 B

As a Victim, You Must...

• Give the court and other agencies your current contact information and keep it up-to-date throughout all proceedings 2930.06D, 2930.16A
• Notify the prosecutor or court that even if wish to have a representative exercise all of your rights, you would still like to receive notices. 2930.02 B
• Request to receive notification of any…

  • delays in the case
  • conviction or acquittal of the defendant
  • dismissal of the complaint
  • filing of an appeal

• incarceration and date of release of the defendant. 2930.16A, 2930.12, 2930.15A
• Request notifications of the date, time, and location of any proceeding in your case 2930.06C

Law Enforcement Must...

• Provide you with the following information in writing: 2930.04 (A) (1-4)

  • Your rights as a victim
  • Services available to you such as counseling and temporary housing
  • Any protection available to you like a Protective Order

• Provide you with contact information of the law enforcement officer(s) and prosecutor(s) assigned to investigate and prosecute your case 2930.04 (B) (1-3)
• To provide you with information regarding: 2930.05 (1-5)

  • The arrest or detention of a suspect
  • The name of the suspect
  • Whether the suspect will be eligible for pre-trial release

• Inform you that you can contact law enforcement to inquire into the status of your case. 2930.05 (A)(5), 2930.04 (B)(3)
• Provide you with information regarding reparations for victims and explain the information if you request it 2743.71
• Promptly return to you any property that was taken in the course of the investigation 2930.11A

In all domestic violence cases, the officer shall respond without undue delay, make a written report, and arrest the primary physical aggressor 2935.032

The Prosecutor Must...

• Treat your representative in the same capacity if the victim so chooses 2930.02B
• Take steps to prevent and stop threats against you , your representative, or your family including:

  • file a motion to prevent disclosure of your identifying information if there are reasonable grounds for you
  • to fear the offender will threaten or intimidate you, your family or your representative
  • file a motion asking the court to reconsider conditions of bond or personal recognizance offered to an offender who threatens intimidation against you or your family 2930.05B,2930.07A

• Confer with you prior to any significant changes in the case 2930.06A
• Confer with you before the trial commences. 2930.06A
  
  
• Provide you 2930.06B 1-8

  • with the name of the defendant,
  • the name of the crime with which the defendant is charged
  • the file number of the case
  • a summary of victims rights
  • notification of the right of the victim to be present during all proceedings in the case
  • a summary of the procedural steps involved in the prosecution
  • information as to what the victim should do if threatened
  • notification of the right of the victim to choose a representative to exercise their rights
  • notice that certain notifications will be provided only at the request of the victim
  • what notifications require a request of the victim
  • contact information of a person to contact for further information about the case

• Notify you of the date, time, and location of any proceedings in the case. 2930.06C
• Notify you of any substantial delay in the prosecution of the case 2930.08
• Notify the court of your objections regarding substantial delay in the prosecution of the case 2930.08
• Notify the victim of the result of the prosecution 2930.12
• If the defendant is convicted, to provide you with: the crime(s) the defendant was convicted of contact

  • information of person who is to prepare pre-sentence disposition and victim impact reports notice that the victim may make a statement to be included in the victim impact statement or preinvestigation report and that copies of the statement will be made available to the defendant,
  • notice of the time, date, and location of the sentencing hearing
  • notice of the victim’s right to make a statement prior to sentencing
  • notice of any sentence or modification thereto imposed upon the defendant. 2930.12 A-

• To notify the victim of:

  • any appeals in the case
  • a summary of the appellate process
  • the time, date, and location of the appellate proceedings
  • the result of the appeal. 2930.15A 1-4

• Notify you of the date the defendant will be released from incarceration 2930.16A
• Notify you of any hearings for judicial or early release 2930.16B1
• Provide you with information regarding reparations for victims and explain the information if so requested. 2743.71
• If the court schedules a hearing for judicial release, to notify you of the hearing 2929.20
• Notify the victim of the time, place and date of a hearing to modify or terminate suspension of the defendant’s driver’s license 4510.54
• Notify victim of the prosecutor’s intent to permit the accused to enter a pre-trial diversion plan 2935.36
• Notify the victim of the prosecutor’s decision to allow the offender to receive drug treatment in lieu of conviction 2951.041
• If the prosecutor decides to allow pretrial diversion, you shall be notified, and you can file written objections 2935.36

The Court Must:

• Inform you that you have the right to be present at any judicial proceeding at which the defendant is present, even if you are testifying, unless the court determines that your exclusion is necessary to protect the defendants right to a fair trial 2930.09
• Recognize your representative in the same capacity as you, allow them to exercise all of your rights, and send them all notices 2930.02 A, 2930.02B
• Allow an individual to accompany you to court to provide support 2930.09
• Minimize contact between you and the defendant, and your families 2930.10A
• Consider your objections regarding delay in the prosecution of the case 2930.08
• Give notice of the dismissal of the complaint, if the court disposes of the case prior to prosecutorial involvement 2930.12
• Allow you to make a statement:
  

  • before sentencing,
    
  • release,
    
  • parole,
    
  • commutation,
    
  • reprieve,
    
  • transfer to transitional control,
    
  • modification/termination of a suspended license,
    
  • during a hearing for judicial release which will be considered as a factor in decision-making 2930.14, 2930.17, 2967.03, 2967.26, 4510.54, 2929.20

• Provide you with the following if after prosecution of the case, the court disposes of a case prior to prosecutor involvement: 2930.06 B 1-6

  • A summary of your rights,
  • The name of the crime,
  • The name of the defendant,
  • The file number of the case, a
  • Summary of the procedural steps involved,
  • Notice of your right as a victim to be present throughout the case,
  • Procedures you may follow if you feel threatened or intimidated,
  • Contact information to receive further information on the case,
  • Your right to have a representative exercise your rights,
  • Notice that you must request certain notices,
  • Information as to which notices require victim request.

• Provide you with the following, if the defendant is convicted: 2930.12 A-E, 2930.12F

  • The crime(s) the defendant was convicted of
  • Notice Regarding Impact Statements
  • The date, time, and location of the sentencing or disposition proceeding,
  • Any modification to that sentence or disposition.

• Notify you of any decisions regarding early release or judicial release 2930.16 B1
• Prior to granting judicial release or early release, allow you to make a statement regarding the crime, the effects of the crime, and if you think the defendant should be released. 2930.17 A8
• Inform you if the accused is tested for AIDS and the results of that test 2930.17
• Notify you of the ruling, if the court schedules a hearing for judicial release. 2929.20
• Weigh your need against the defendant’s assertion of evidentiary value, if the defendant request retention of the your property for the case 2930.11
• Keep the following information confidential: 2947.051, 5120.60, 2951.03, Laws File 29 (Sub SBS)

  • Your request for notification of sex offender status
  • Your contact with the Office of Victim Services
  • Victim Impact statements, which are not public record