Most people are familiar with the rights granted to individuals accused of crimes, like the right to remain silent and the right to a jury trial. But in recent years, states including Ohio have passed laws to ensure that crime victims have rights, too.
One of the most well-known efforts is Marsy’s Law, a constitutional amendment in Ohio that outlines the rights of victims throughout the criminal justice process. But while these protections are intended to support victims, they can also raise complex questions for people facing criminal charges.
At Hiltner Trial Lawyers, our legal team has handled high-stakes cases across the state. We understand how victim rights laws can affect the outcome of a case, and why having an experienced criminal defense attorney matters more than ever.
What is Marsy’s Law?
Marsy’s Law was first passed in California in 2008. Named for Marsy Nicholas, a college student who was stalked and murdered by her ex-boyfriend in 1983, it was described as a “Victim’s Bill of Rights,” expanding the legal rights of victims and their families in court proceedings.
Ohio adopted its own version of Marsy’s Law in 2017, when voters passed a constitutional amendment known as Article I, Section 10a. This section, often called the Ohio Crime Victim Bill of Rights, went into effect in February 2018.
The goal of Marsy’s Law is to give crime victims more visibility and protection during criminal proceedings. Supporters say it helps victims feel seen and respected. On the other hand, critics argue that, in some cases, it may interfere with the rights of the accused, particularly when it comes to access to evidence and due process.
What Rights Does Marsy’s Law Provide?
Under Ohio’s constitution, victims of crime now have the right to:
- Be treated with fairness, dignity, and respect
- Receive notice of all public proceedings related to the case
- Speak at hearings regarding release, plea deals, sentencing, or parole
- Be protected from the accused
- Be informed if the accused escapes or is released
- Refuse interviews, depositions, or discovery requests from the defense (with some exceptions)
- Receive full restitution for losses caused by the offense
- Have the case resolved without unnecessary delays
- Consult with the prosecutor
- Be given a written summary of all of these rights
How Does Marsy’s Law Affect Criminal Defense?
1. Evidence Access Can Be Complicated
In criminal cases, the defense has a constitutional right to receive evidence that might support a not-guilty verdict. But Marsy’s Law gives victims the right to refuse interviews and some discovery requests. In some situations, this can limit a defense attorney’s ability to gather critical information.
This is one reason it’s so important to work with a lawyer who knows how to assert your rights and challenge improper refusals.
2. Restitution Is Mandatory If You’re Convicted
If you’re found guilty, the court must order you to pay restitution. This isn’t a fine paid to the state; it’s direct repayment to the victim for things like lost property, medical bills, or other expenses tied to the incident.
3. Faster Case Timelines
Marsy’s Law also includes the right to a prompt resolution. While efficiency can benefit everyone, this provision may limit how much time the defense has to prepare. Rushed timelines can be especially tough in cases with complex facts or where the accused needs time to gather testimony.
Why Marsy’s Law Is Still Evolving
Like many recent legal reforms, Marsy’s Law is still being interpreted by Ohio courts. As new cases come up, judges are deciding how to balance the rights of the accused with the rights of victims.
This balancing act is especially important in emotionally charged cases, like domestic violence, rape, or statutory rape accusations, where public perception and privacy concerns can influence proceedings.
If your case involves sensitive issues or conflicting accounts, Marsy’s Law may affect what evidence is shared and how your attorney is able to defend you.
Facing Charges? Know Your Rights, Too.
It’s important to respect victims and support fair treatment throughout the legal process. But if you’re accused of a crime, your rights matter just as much.
A defense lawyer who understands Marsy’s Law can ensure that your case is handled fairly and that critical evidence isn’t kept from view. Whether you’re facing a misdemeanor or a serious felony, the right legal guidance can make all the difference.
If you’re concerned about how this law might affect your case, contact Hiltner Trial Lawyers for a free consultation. We’ll walk you through your options, protect your rights, and make sure your side of the story is fully heard.
