Marsy's Law for Ohio was passed by voters on November 7, 2017

Marsy’s Law gives crime victims meaningful and enforceable constitutional rights equal to the rights of the accused. Some examples of the types of rights to which we believe all victims are entitled are:

• To be treated with dignity and respect throughout criminal justice proceedings
• To be notified of his, her or their rights as a victim of crime
• To be notified of specific public proceedings throughout the criminal justice process and to be present and heard during those proceedings

No, there is no requirement that a court assign a victim an attorney to protect their rights. Courts may appoint an attorney at the court’s expense to represent the victim.

Victims can contact organizations like the Ohio Crime Victim Justice Center to request free legal assistance from a victims’ rights attorney. Victims can request assistance from the prosecutor to enforce their rights. Victims can also hire an attorney. Victims, either pro se or through counsel, can file motions in trial courts and can appeal a court’s decision in order to protect their rights.

Legal experts believe that notifying victims and allowing them to be participants in the process will not significantly delay court proceedings. In those cases where victims have opted in to get notice, they may be heard briefly in a hearing to determine the conditions of release - but they have also historically been necessary witnesses in most cases and are often called to testify in trials.

The case is now, and will be, between the State and the defendant - and the DA will continue to make decisions about how and when the case will be resolved. This law does not change the authority of the District Attorney. The victim will not be a party but recognized as more than a bystander. The victim will not be able to veto or override the decision of the constitutionally empowered District Attorney, whose job it is - now and under the proposed amendment - to balance all of the competing interests. Marsy’s Law ensures that these rights are guaranteed to victims and their families.

Organizations like the Ohio Crime Victim Justice Center offer free victims’ rights legal representation to crime victims. Victims are also able to hire their own attorney, though this may come at a significant expense. If you are a victim who needs an attorney, contact Ohio Crime Victim Justice Center at 614-848-8500 or info@ocvjc.org.

It depends. Marsy’s Law protections may be applied to civil matters in some circumstances, for example, when there is a pending criminal case along with the civil matter. For more information on this topic, contact Ohio Crime Victim Justice Center at 614-848-8500 or info@ocvjc.org.

No, Marsy’s Law provides the right to speak with the attorney for the government upon request. This is subject to reasonable limitations. Ohio Crime Victim Justice Center encourages the use of victims’ advocates to help facilitate conversation between the victim and the prosecutor.