When You Are the Victim
Ohio Const. art. I, § 10a — rights in the constitution, not in a policy
Most of what this site covers is written from the position of somebody an officer is talking to. This page is the other position, and the rights on it are in the Ohio Constitution rather than in a statute or a prosecutor's office policy, which changes what can be done when they are not honored.
Who handles this in Ohio: Ohio State Bar Association lawyer referral; and legal aid programs and the state offices, listed in the Ohio directory.
- On request, reasonable and timely notice of all public proceedings involving the offense, and the right to be present at them.
- The right to be heard in any public proceeding involving release, plea, sentencing, disposition or parole, and in any proceeding where a right of the victim is implicated.
- The right to be informed of the release of the offender.
- The right to offer input on a negotiated plea.
- The right to a prompt conclusion of the case.
- The right to full and timely restitution from the person who committed the offense.
Most of it runs on request, which is the part that gets missed. Notice of proceedings is a right to reasonable and timely notice upon request. A victim who has never told the prosecutor's office they want to be notified is relying on the office doing it anyway. Making the request, in writing, early, is what turns the constitutional right into a working one.
The court has its own duty, and it produces a record. The court inquires of the prosecutor and makes a record on whether the victim, the victim's representative or the victim's attorney is present, whether notice was requested, and whether the victim or representative was given the opportunity to be heard orally, in writing, or both. That inquiry exists so the answer is on the transcript rather than in somebody's memory.
Restitution is for economic loss resulting from the offense, and the constitutional wording is full and timely. It is a distinct thing from a civil suit against the same person and it moves inside the criminal case rather than alongside it.
| The right | What it depends on |
|---|---|
| The rightNotice of proceedings | What it depends onBeing requested |
| The rightBeing present | What it depends onThe proceeding being a public one |
| The rightBeing heard | What it depends onThe proceeding involving release, plea, sentencing, disposition or parole, or implicating a right |
| The rightRestitution | What it depends onEconomic loss resulting from the offense |
| The rightThe record of all of it | What it depends onThe court's own inquiry of the prosecutor |
“I want notice of every proceeding in this case, and I am asking for it in writing.”
How each right is exercised in practice, the definitions of victim and of victim's representative, the notices a prosecutor's office is separately required to send, the victim advocate services available in each county, and the route to a court of appeals where relief is denied are set by the constitutional provision and by the victim rights chapter of the Revised Code, and are not fully reproduced here. This page does not describe how restitution is calculated or collected. Every county prosecutor's office runs a victim assistance program, and the Supreme Court of Ohio publishes guidance on these rights for courts. A licensed Ohio attorney can assert them on a victim's behalf.
Sources for this section (1)
- Ohio Const. art. I, § 10a — Rights of victims of crimes, known as Marsy's Law
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Ohio attorney.