Marsy’s Law is an Ohio state law which grants constitutional rights to crime victims. These rights include
(1) to be treated with fairness and respect for the victim’s safety, dignity and privacy;
(2) upon request, to reasonable and timely notice of all public proceedings involving the criminal offense or delinquent act against the victim, and to be present at all such proceedings;
(3) to be heard in any public proceeding involving release, plea, sentencing, disposition, or parole, or in any public proceeding in which a right of the victim is implicated;
(4) to reasonable protection from the accused or any person acting on behalf of the accused;
(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 this constitution, 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 or delinquent act against the victim;
(8) to proceedings free from unreasonable delay and a prompt conclusion of the case;
(9) upon request, to confer with the attorney for the government; and
(10) to be informed, in writing, of all rights enumerated in this section.
On many points this is not a significant change to Ohio law. R.C. 109.42 has set forth victim’s rights in a concise form since 1986 and required those rights to be provided in writing to victims. A significant addition that Marsy’s law adds is that an alleged victim or a complaining witness now has the right to a lawful representative in any proceeding involving the criminal defendant and may petition the court for certain relief. If the relief is denied the lawful representative may petition the court of appeals for the applicable district to decide the matter.
This law was presented as a solution to a number of concerns, many of which were already resolved in Ohio’s Revised Code, but will now create a number of unheard of issues. Some concerns many lawyers have, is the possibility of alleged victims withholding evidence or petitioning the court for relief that the court cannot provide resulting in appeals that delay or impede the progress or resolution of the criminal case.
Contact Our Skilled Union County Criminal Defense Attorneys Today
If you are concerned about Marsy’s Law and how it will or has affected you, please don’t hesitate to reach out to our dedicated legal team at Bridges, Jillisky & Streng, LLC. We are comprised of Union County criminal defense lawyers who are willing to go above and beyond on your behalf. Allow us to fight for your rights--we won’t give up on you.
To speak to a member of our team, contact us at your earliest convenience by calling (937) 403-9033.