Marsy’s Law And Ohio’s Victims’ Bill Of Rights

The state of Ohio has a Victim’s Bill of Rights. Also known as Marsy’s Law, this bill comprises fundamental rights for victims of crimes. I am attorney Konrad Kircher, and I have been practicing law for more than 30 years. For over 20 years, I have been advocating for victims’ rights and helping survivors hold their abusers and assailants accountable in civil lawsuits. I founded Kircher Law, LLC, in Cincinnati to help victims throughout Ohio.

Crime Victims’ Rights Under Marsy’s Law

In 1983, Marsalee “Marsy” Nicholas was tragically murdered by her boyfriend. In 2017, Marsy’s Law, also known as the Ohio Victims’ Bill of Rights, was added to the state’s constitution. Under Marsy’s Law, crime victims have the right to:

• Be given reasonable notice for all court proceedings related to the criminal matter
• Be present at all criminal proceedings
• Be heard at all criminal proceedings
• Offer input for any negotiated plea or potential agreement
• Receive restitution for economic losses

Survivors also have the right to privacy as well as the opportunity to keep their names and information private and out of public records. Some of the rights afforded to victims are automatic, while others have to be elected. As a victims’ rights lawyer, I want to make sure that my clients understand all their rights as a victim. I also want to ensure that their rights are protected.

Frequently Asked Questions About Marsy’s Law

Like many others, you may have questions and concerns about how to protect your rights under Marsy’s Law. The following questions and answers can help you understand the practical steps necessary to stay informed and exercise your rights throughout a criminal case.

How does Marsy’s Law help keep me informed of what is happening with a criminal case?

You can stay updated by completing a Victims’ Rights Request Form, which alerts agencies that you wish to receive notices about your case. Marsy’s Law gives victims the right to be informed of hearings, case developments and release decisions. Agencies must provide timely updates when victims request notification. 

The information you receive may include upcoming court dates, changes in scheduling, plea discussions and sentencing hearings. You can also ask prosecutors or victim advocates for clarification if you have questions about the status of the case.

What kind of restitution can victims seek from offenders under Marsy’s Law?

Marsy’s Law requires courts to order restitution for economic losses that victims can prove they suffered. These losses can include medical expenses, counseling costs, lost wages and property damage. The restitution must reflect actual financial harm but cannot exceed documented losses. The law does not allow restitution for pain and suffering or punitive damages. Those types of compensation are only available through a separate civil lawsuit. 

You should gather records, receipts and other documentation to support your request. Courts may set payment schedules based on the offender’s ability to pay, and prosecutors can file motions to enforce restitution if needed.

What can I do if the court or prosecutor ignores my rights?

You have several options when your rights are overlooked. Many individuals hire a private attorney to advocate for them and file motions to enforce their rights. Additionally, legal aid groups such as the Ohio Crime Victim Justice Center offer free assistance from victims’ rights attorneys. 

You can also request help from prosecutors, who may file motions that protect all rights related to notice, participation or restitution. If adverse decisions are made, you have the right to initiate an appeal. These options, combined with legal guidance, allow you to pursue meaningful enforcement of your rights under Marsy’s Law.