The Victim/Witness Services Division is a section of the Mahoning County Prosecutor’s Office. This Division is comprised of victim/witness coordinators who serve victims and witnesses in the criminal and juvenile divisions. Each coordinator provides information and support to crime victims and witnesses as their cases proceed through the judicial process. The goal of this Division is to help victims and witnesses understand their rights and responsibilities so that they can make intelligent choices about what is best for them.
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Crisis-Intervention & Supportive Services – When victimization occurs, it is not uncommon to have difficulty handling stress and new information. Coordinators work with victims to address these issues.
Explanation of the Criminal Justice Process – Coordinators can address and answer questions or direct victims to those who can.
Advocacy & Assistance during Court Proceedings – Victims have the right to have an advocate present with them during court appearances. Coordinators can also assist with safety planning and arrange for emergency transportation to court.
Assistance with Notification Process – Coordinators can provide details of case developments and court proceedings.
Assistance with Crime Victim Compensation – The Victim/Witness Division has application forms and information about available programs. Coordinators can assist victims with the preparation and filing of the application.
Assistance with Post-Conviction Issues – Coordinators can provide an explanation of the parole consideration process and help victims and survivors provide input.
Also Known as Marsy’s Law
Marsy’s Law, named for Marsy Nicholas who was murdered by her ex-boyfriend in 1983, was enacted by voters in November 2017 as an amendment to Ohio’s Constitution. California was the first state to adopt Marsy’s Law in 2008; Ohio is the sixth state to adopt the constitutional amendment, also known as the Ohio Crime Victim’s Bill of Rights.
Many of the crime victims’ rights guaranteed by Marsy’s Law already existed in the Ohio Revised Code or Ohio’s Rules of Evidence. Adding specific language to the Ohio Constitution, however, makes sure that everyone involved in the criminal justice system—police, prosecutors, court clerks, and judge—know what rights crime victims have. Moreover, the law explicitly makes available remedies to crime victims if their constitutional rights are violated.
Constitution
Article I, § 10a, Rights of Victims of Crime
(A) To secure for victims justice and due process throughout the criminal and juvenile justice systems, a
victim shall have the following rights, which shall be protected in a manner no less vigorous than the
rights afforded to the accused:
(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.
(B) The victim, the attorney for the government upon request of the victim, or the victim’s other lawful representative, in any proceeding involving the criminal offense or delinquent act against the victim or in which the victim’s rights are implicated, may assert the rights enumerated in this section and any other right afforded to the victim by law. If the relief sought is denied, the victim or the victim’s lawful representative may petition the court of appeals for the applicable district, which shall promptly consider and decide the petition.
(C) This section does not create any cause of action for damages or compensation against the state, any
political subdivision of the state, any officer, employee, or agent of the state or of any political subdivision,
or any officer of the court.
(D) As used in this section, “victim” means a person against whom the criminal offense or delinquent act is
committed or who is directly and proximately harmed by the commission of the offense or act. The term
“victim” does not include the accused or a person whom the court finds would not act in the best interests
of a deceased, incompetent, minor, or incapacitated victim.
(E) All provisions of this section shall be self-executing and severable, and shall supersede all conflicting state
laws.
This Section took effect on February 5, 2018
What does this mean to victims of crime in the State of Ohio?
It is important to note that this document includes a list of rights that each provision may encompass, it is not meant to be construed as an exhaustive list or definition of what each provision means. The rights are subject to legislative, judicial, and legal interpretation.
What is a Victim?
A victim is a person against whom the criminal offense or delinquent act is committed OR someone who has been directly and proximately harmed by the commission of a criminal offense/delinquent act.
A criminal offense means an alleged act or omission that is punishable by incarceration and is not eligible to be disposed of by the Traffic Violations Bureau. A delinquent act is a criminal offense committed by a person under the age of 18.
What is a Victim’s Representative?
You can designate a victim’s representative to exercise your rights as a victim for you or with you. A victim’s representative can be anyone you choose other than the person who is alleged to have committed the criminal offense or delinquent act. If the victim is a minor, incapacitated, incompetent, or deceased, the victim’s representative can be a member of the victim’s family or a victim advocate.
You must tell law enforcement, the prosecutor, or the court if you are going to name a victim’s representative. You can designate a victim’s representative on this form now. You can also designate a victim’s representative later or change or remove a victim’s representative at any time by notifying law enforcement, the prosecutor, or the court.
What is a Victim Advocate?
A victim advocate is a person who will support you and assist you with the court proceedings related to the criminal offense/delinquent act.
What are my rights as a Victim?
You have rights as a victim. Some rights you are automatically entitled to and some rights you must request. You can choose to exercise all, some, or none of your rights, and you can change your selections at any time.
Automatic Rights
You are automatically entitled to:
• Be informed of your rights;
• Be treated with fairness and respect for your safety, dignity, and privacy;
• Reasonable protection from the accused or any person acting on behalf of the accused;
• Receive information about the status of the case;
• Refuse a defense interview, deposition, or other discovery request unless ordered by the court;
• Object to defense requests for access to your confidential information, including medical, counseling, school, or employment records, access to your personal devices, online accounts, or other personal information;
• Be present at all public proceedings;
• Have a support person with you during proceedings;
• Tell the court your opinion in public proceedings involving release, plea,
sentencing, disposition, parole, and any other hearing that involves victims’ rights;
• Object to unreasonable delays; and
• Full and timely restitution from the offender.
Rights that must be Requested
You must REQUEST the right to:
• Receive notice of the arrest, escape, or release of the offender;
• Reasonable and timely notice of all public court proceedings;
• Confer with the prosecutor assigned to the case;
• Be notified of subpoenas, motions, or other requests to access any of your personal information;
• Appoint a Victim’s Representative
Ohio VINE (Victim Information and Notification Everyday) system links county sheriffs, county prosecuting attorneys, and state correctional facilities to create a comprehensive victim notification system. The Ohio system is part of a nationwide VINE program. A website or toll free hotline will provide information 24 hours a day, 365 days per year.
Restitution is the repayment the judge orders the offender to pay for financial loss to the victim or others related to the crime. Restitution must be related to specific identifiable monetary loss that the victim suffered. Speculative damages, such as punitive damages or “pain and suffering,” are not restitution in a criminal case. Likewise, loss that has been reimbursed through some third party, such as an insurance company, cannot be awarded to the victim. Documentation of damages is vital to the restitution amount ordered by the court. Once restitution is ordered, it essentially becomes a civil judgment that the victim can use as a basis for collection activity.
While a case is pending, it is important to get this information to the Victim/Witness Office of the Mahoning County Prosecutor’s Office as soon as possible. Restitution cannot be ordered unless it is known to an Assistant Prosecuting Attorney. Documentation is vital to recovery. Victims are encouraged to contact the office even before receiving anything in the mail to alert the office to their financial loss. Contact the Victim/Witness Office at 330-740-2082 for information on felony cases and at 330-740-2244 for juvenile cases.
The Ohio Victims of Crime Compensation Fund is a fund established by the State of Ohio that provides financial relief to victims of crime, mostly violent crime, for specific financial losses suffered. Loss of property or the value of property through theft or damage is not covered by the Ohio Victims of Crime Compensation Fund. Instead the fund can cover such loss as health care costs for hospital bills and physician visits directly caused by the criminal act and counseling necessary for recovery from the act. There are several areas of recovery.
The Mahoning County Prosecutor’s Office does not administrate this fund and has no authority over the acceptance of any applications or the release of any funds. The Victim/ Witness Office staff has applications to apply for funds and can offer some limited assistance in completing the forms. Application does not guarantee recovery, as several factors and circumstances are taken into account before a decision regarding acceptance of the application is made. Documentation of the losses is vital to recovery of funds.
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.
A pre-trial conference is a meeting between the judge and the attorneys to an action. It is typically held out of public view in the judge’s chambers. During such a conference, the parties and the judge will discuss the progress of the case, the exchange of information (known as “discovery”), any issues that may require a hearing, any plea negotiations, and generally anything else of relevance to the case. At these conferences, new dates are set for other conferences, motion hearings, plea dates or trial dates.
Generally, it is unnecessary for victims or witnesses to appear for pre-trial conferences and many do not. However, victims or witnesses are welcome to attend. It is best to notify either the prosecuting attorney or the Victim/Witness Coordinators ahead of time if you plan on attending. Several cases are set on a particular day and you may not be identified if the staff is unaware that you are coming. This could result in delays and leave you dissatisfied with the process.
A subpoena is a court order commanding you to appear at the time and date specified in the subpoena. A subpoena cannot be ignored or avoided. Failure to comply with it could lead to your arrest. Upon receipt of the subpoena, you should immediately contact the issuing party and discuss your testimony and any issues you have in appearing. Unless relieved of your duty, you must appear.
Often cases do not get continued. The case may be dismissed for failure to prosecute or, without your voice or appearance, the case may proceed or end in a way you feel is unsatisfactory. Additionally, the court may order a warrant for your arrest if you fail to appear.
The clerk’s office is required to reimburse you as a witness, based on a whole day/half day system. It will pay you for whole days or half days in which your appearance was required. If you stay longer than you are required, you will not be reimbursed for the additional time. You may also be entitled to compensation for the distance traveled to appear. You must present your subpoena to the clerk’s office in order to be compensated.
There is no requirement that a lawyer accompany you for any hearing in which you are required to appear as a witness. You may contact an attorney if you wish to discuss the need for counsel pursuant to the subpoena.
Generally, a trial is a pubic proceeding, which means that any member of the public can be present. However, witnesses in a trial are not allowed to be present in the courtroom unless allowed by the judge. Witnesses are generally not allowed to sit in a trial until after they have testified and, in some cases, even after they have done so.
Victims and witnesses are still citizens of the United States and Ohio. As such, they retain the right to speak to, or refuse to speak to, whomever they choose. You cannot be required to speak to someone unless you are in the courtroom or under similar requirement, such as a Grand Jury. Even if you are subpoenaed to a case, you are still not required to speak to anyone before you appear pursuant to that subpoena.
It would be improper for this office to attempt to dictate to whom you can speak or prohibit you from speaking to anyone you choose. That said, you can refuse to speak to them or may agree to speak under any conditions you desire, such as having counsel, police, a prosecuting attorney, or even a friend or family member present.
A Victim Impact Statement is quite simply a statement, either oral or written (or both) made by the victim of a criminal offense to the court, either given at or used at the time of sentencing which identifies for the court the impact the crime had on the victim or on others affected by the crime. It is one important factor of many factors the court considers when it determining the appropriate sentence for an offender.
Yes. If you are in need of a foreign language or American Sign Language (ASL) interpreter, you have the right to an interpreter at all court proceedings, meetings with the prosecutor, and all investigative proceedings at no cost to you.
Yes, you may register for the Ohio Secretary of State’s “Safe at Home” program to keep your home address private. Participants receive a “safe” mailing address to use official documents. Information is available at on the Ohio Secretary of State’s website or (614) 995-2255.
To keep your identifying information private, you or your victim’s representative must make a written request for redaction to any law enforcement agency, prosecutor, or court that has your personal information as part of their official duties. These requests should be made as soon as possible to keep your personal information private.
If you have concerns about your safety and keeping your information private, you have the following options:
• Seek a protection order if you are eligible. The local investigating officers can provide resources in your area to assist with requesting a protection order.
• Receive texts, calls, or emails to receive notice of a defendant or offender’s release or escape from jail or prison. Register at: www.vinelink.com/#state-selection or (866) 277-7477.
An arraignment is a hearing that can happen within a couple days after the defendant is charged with a crime. The judge will decide whether or not to release the defendant on bond, set any bond conditions, and whether or not to issue a protection order.
You have the right to attend the arraignment and tell the judge about any safety concerns and your opinion regarding the defendant’s release, bond conditions, and whether or not you would like a protection order.
Law enforcement will notify you of the defendant’s arrest and give you a phone number for the clerk of the court where you can get information on the date, time, and location of the arraignment proceeding.
8:00 a.m. – 4:30 p.m. M-F
21 W Boardman Street
6th Floor
Youngstown, OH 44503
Phone: 330-740-2330
Fax (Criminal): 330-740-2008
Fax (Civil): 330-740-2829