Ohio — Statute

Prosecutor to Confer with Victim - Court to Give Notice of Proceedings to Victim | Ohio Title 29 - Crimes and Procedure | Ohio Law

Ohio law mandates victim notification rights and court consideration of victim statements before sentencing, including protections for developmentally disabled

Legal Content

Prosecutor to Confer with Victim - Court to Give Notice of Proceedings to Victim

Ohio — Ohio Title 29 - Crimes and Procedure

Summary

This law requires prosecutors to notify victims identified in criminal charges about their right to make statements regarding sentencing and ensures victims are given the opportunity to be heard before sentencing. It also mandates that the court considers these statements during sentencing. Additionally, if the victim is developmentally disabled or mentally retarded, the prosecutor must notify the Department of Developmental Disabilities.

Frequently Asked Questions

What rights do victims have under Ohio law before sentencing?

Victims have the right to make oral or written statements to the court regarding the defendant's sentence, which the court must consider before imposing sentence.

Who is responsible for notifying victims about their rights?

The prosecutor or a designee, other than the court or court employees, must notify victims identified in the criminal complaint or indictment, whenever practicable.

Does this law apply to victims with developmental disabilities?

Yes, if the case involves a victim who is mentally retarded or developmentally disabled, the prosecutor must also notify the Department of Developmental Disabilities.

Can victims make statements in writing or only orally?

Victims may make statements either orally or in writing, and the court is required to permit them to do so before sentencing.

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In simple terms: Ohio law mandates victim notification rights and court consideration of victim statements before sentencing, including protections for developmentally disabled. This means people must follow this rule, and breaking it can lead to criminal penalties.

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