Frequently asked questions

Subpoenas

Subpoenas

The Appeals Unit is a fundamental component of this office, involved in each phase of the justice process, providing support to every unit as well as law enforcement agencies throughout the county. From aiding law enforcement in gathering evidence to post-conviction litigation, the hardworking men and women of the Appeals Unit strive to ensure that convictions are constitutional. The Appeals Unit is comprised of around a dozen prosecutors, overseen by Kristen Sobieski, with expertise in legal writing and research.

Post-conviction litigation brings with it an array of responsibilities that demand a diverse skillset. The assistant prosecuting attorneys of the Appeals Unit are prepared to meet the challenges of their charge. These individuals are especially adept regarding legal matters, which have made possible the far-reaching accomplishments of this unit.

The Appeals Unit is tasked with defending convictions arising out of Cuyahoga County in both state and federal courts. Our unit further supports the trial units by providing information to trial prosecutors regarding issues of law that arise during the trial process, obtaining material witness warrants, assisting law enforcement agencies in obtaining search warrants in the county on a 24/7 basis, and representing the state of Ohio and victims of crime before the Parole Board. Members of this Unit regularly litigate cases in the Eighth District Court of Appeals, in federal court, and before the Ohio Supreme Court.

Outside of the appellate process, members of the Appeals Unit are also responsible for a number of other tasks. The Appeals Unit also litigates nuisance abatement actions and handles the expungement and certificate for employment dockets. The assistant prosecuting attorneys assigned to this unit routinely consult with investigators regarding search and seizure, providing valuable insight and information.

Transportation

Sustainable World Development

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Conviction Integrity Unit

In 2014, the Cuyahoga County Prosecutor’s Office established the Conviction Integrity Unit (CIU) to investigate wrongful conviction claims. The CIU is a division of the Civil Rights Unit. All prosecutors want those truly guilty of a crime to be held accountable. Our prosecutors work ethically to make sure there are no innocent persons wrongfully convicted. While the trial and appellate process contain important safeguards for those accused of a crime, we recognize that the criminal justice system is a human institution and, therefore, is not perfect.

This mission of the Conviction Unit is to review legitimate claims of innocence or other compelling claims that warrant review (based on compelling evidence that such review is necessary for the pursuit of truth and justice.

Requirements for Consideration by CIU

For the Conviction Integrity Unit to conduct a preliminary review of a conviction, applicants claiming innocence or a compelling claim must meet the following prerequisites:

The conviction must have been a Cuyahoga County Common Pleas Court
The applicant must currently be a living person presenting his or her claim of innocence or an otherwise compelling claim
There must be a claim of actual innocence or otherwise compelling claim and not solely a legal issue (previously raised and/or could have been raised at trial or during the appellate process)
New and credible evidence of innocence must exist
The claim must not be frivolous
The applicant must sign a written “waiver” of certain procedural safeguards and privileges, agrees to cooperate with the CIU, and agrees to provide full disclosure regarding

Review Process

Review requests must be submitted in writing to the Conviction Integrity Unit, including the applicant’s name, case number, and evidence of innocence or evidence of an otherwise compelling claim.

If the review process determines that someone has been wrongfully convicted, the Cuyahoga County Prosecutor’s Office will file a motion or petition the Court to vacate the conviction on its own or join in with the applicant’s legal representative to have the conviction vacated. The Cuyahoga County Common Pleas Court will decide the merits of the applicant’s claim(s).

Note: If the applicant is represented by legal counsel, all communication with the Conviction Integrity Unit must be through the applicant’s counsel.

Application and Other Resources

To submit a claim that you have been wrongfully convicted of a felony, complete the Conviction Integrity Unit Application form (“Exhibit A”) and the Limited Waiver and Agreement form (“Exhibit B”). Please note that your signature on “Exhibit B” must be notarized. Send both forms and all relevant documents to:

Cuyahoga County Prosecutor’s Office
ATTENTION: Conviction Integrity Unit
1200 Ontario Street, 9th Floor
Cleveland, OH 44113

Conviction Integrity Unit Application (Exhibit A)

Limited Waiver and Agreement (Exhibit B)

For more information on the Conviction Integrity Unit, contact us at 216.443.7800

Where do I go?

Crime Strategies Unit

“To harness the collective resources of the Cuyahoga County Prosecutor’s Office to develop and implement intelligence-driven prosecution strategies that address crime issues and target priority offenders.”

The Cuyahoga County Prosecutor’s Office is committed to reducing crimes, both violent and non-violent. In 2015, the Crime Strategies Unit (CSU) was formed to analyze and produce data to identify crime trends and crime-driving groups in our community. Members of the CSU are available to law enforcement agencies and community groups to further understand crime trends in the community.

The Crime Strategies Unit is made up of Assistant Prosecuting Attorneys, crime analysts, and paralegals.CSU’s main goal is to gather, analyze, and share data among law enforcement agencies, the judiciary, and the community to enhance the County’s ability to hold individuals accountable for violating the law. The CSU reviews violent offenses such as homicides, robberies, shootings, and weapon violations and assesses patterns between incidents and prepares materials to law enforcement agencies.

Goals:

Reduce crime
Identify and Prosecute Crime Drivers
Track Local Criminals
Track Individual Cases
Neighborhood/Community Engagement
Examine Crime Trends
Predict Future Problems/Patterns

Community Engagement

The Crime Strategies Unit routinely engages in events and keeps our relationship between our office, law enforcement, and community groups. We learn from our community information and patterns about the crime in these areas.

In 2015 our office participated in a crime safety summit, which included Ohio City Inc. and the police departments of the following organizations: City of Cleveland – 2nd District, Cleveland Metropolitan Housing Authority, Greater Cleveland Regional Transit Authority, and Cleveland Clinic. As a result of the safety summit, the Crime Strategies Unit has been meeting with community development organizations and neighborhood block watches, as well as attending the Cleveland Police Department’s Community Relations and Commander’s Meetings. Our goal is to introduce the work being done by our office, provide a friendly prosecutorial contact, and make connections between the community and law enforcement.

Our Community Engagement Activities:

Buckeye Shaker Development Corporation Campus District, Inc.
Cleveland Neighborhood Progress
Detroit Shoreway Development Corporation
Downtown Cleveland Alliance
Midtown Cleveland Alliance
Northeast Shores Development Corporation Ohio City Inc.
Shaker Heights Citizens Academy
Clair-Superior Development Corporation
Tremont West Development Corporation

What do I wear?

Sealing Criminal Records

A criminal record can make it difficult to find a job or housing. Part of our office’s efforts to promote safer communities is allowing low-level and first-time offenders opportunities to better their lives and find alternatives to crime. The Prosecutor’s Office has a team of assistant prosecuting attorneys who review applications for sealing (often called “expungement”) of records of eligible offenders.

If you have a criminal record — either convictions or non-convictions (such as a dismissed case or one in which you were found not guilty) — you may be eligible to have your record sealed.

We have provided the information below to assist you in understanding the process of sealing adult criminal records. Because our office reviews these applications and makes recommendations to the courts, we cannot assist you with applying to have your record sealed. However, we have listed other agencies and resources that can help you through this process. Please do not contact our office to request help with an expungement application.

Please also note that our office only handles requests to seal records that originated in the Cuyahoga County Court of Common Pleas. The information below is for adult criminal charges and convictions.

Sealing Criminal Records

What is expungement? What does it mean when a record is sealed?

In Ohio, adult criminal records are not actually “expunged” (completely removed, destroyed or erased). Instead, Ohio law allows courts to allow certain criminal records to be sealed. This means that any electronic or paper records of your criminal charges are kept separate and secure.

Most employers and landlords are not able to see any sealed criminal records, though there are exceptions for certain types of jobs (such as law enforcement, jobs working with children/the elderly, and state professional licensing boards).

If there are future criminal investigations involving you, prosecutors, judges and police can still access sealed records.

Why should I get my record sealed?

Even if you are not convicted of a crime, it can be helpful to get your criminal record sealed. In most cases, sealed records will not appear on background checks. This means it may be easier for you to apply for a job or license, get housing, apply to school or apply for credit. If your record is sealed, you can honestly answer on applications that the sealed record does not exist.

What records are eligible for sealing?

The Ohio Revised Code section 2953.31 defines eligibility requirements for sealing of criminal records. In general, you must meet the following criteria:

Types of criminal records

You can request to have certain convictions sealed, as described below. You can also have non-convictions sealed. These include cases that were dismissed or nullified, cases that a Grand Jury “no-billed” (voted not to send to trial), or cases in which you were found not guilty. You can also have arrest records sealed.

Eligibility Guidelines for Convictions

Number of convictions

A new law regarding the restrictions on the number of convictions you can have sealed and the types of convictions you can have sealed has taken effect. You may apply to have up to five non-violent, non-sexual F4 or F5 felony convictions sealed, and an unlimited number of non-violent, non-sexual misdemeanors sealed.

If you are not eligible under the new law, and have one non-violent, non-sexual F3 conviction and a misdemeanor, you are still eligible under the old law to seal the one F3.

What convictions are counted toward the total number of convictions?

Convictions of any age are counted. (For example, a conviction from 30 years ago is still counted.)
Convictions from anywhere in the U.S. are counted.
Minor misdemeanors are not counted. (These are “citation” offenses less than a fourth-degree misdemeanor.) There is no limit on the number of minor misdemeanors you can have sealed.
If two or more convictions are based on the same criminal incident, they are counted as one conviction. (For example, if you were convicted of disorderly conduct and resisting arrest in the same incident, the courts will consider this one conviction.)
If you were convicted of two or three charges at the same hearing, and those convictions are from related criminal acts that occurred within a three-month period, they may or may not be counted as one conviction, at the court’s discretion.

What types of offenses are NOT eligible?

No matter the number of convictions, certain offenses are prohibited from being sealed by state law. These include:

First and second degree (F1, F2) felonies.
Any violent offenses, including homicide, assault, menacing, kidnapping, rape, sexual battery, robbery and intimidation. A full list of violent offenses is available in the Ohio Revised Code section 2901.01(A)(9).
Any sexual offenses not already listed, including unlawful sexual conduct with a minor, any pandering involving a minor and importuning.
Automobile offenses involving tampering, driving under the influence (DUI or OVI), driving under suspension related to DUI or breathalyzer refusal, street racing, and hit-and-run incidents.
Traffic offenses cannot be sealed but are not counted as criminal convictions.

When are convictions eligible to be sealed?

You may not have any pending criminal charges against you when you apply to have a record sealed. All criminal cases against you must be fully discharged, which means:

You must have completed any jail or prison sentence
You must have paid any courts costs you were ordered to pay
You must have paid any restitution you were ordered to pay
You must have completed any parole or probation you were ordered to serve

For misdemeanor convictions, you must wait one year after full discharge to apply to have a record sealed. For felony convictions:

To seal one F3/F4/F5 felony, you must wait three years before applying
To seal two F4/F5 felonies, you must wait four years before applying
To seal three to five F4/F5 felonies, you must wait five years before applying

Eligibility and Guidelines for Non-Convictions

In cases that were dismissed, or in which you were found not guilty:
If all charges against you were dismissed, you can apply for the record to be sealed.
If you were convicted on some of the charges, but found not guilty on other charges (or other charges were dismissed), all from the same incident, you cannot get the dismissed charges sealed unless the convictions are also eligible to be sealed.

In cases that were “No-Billed” by a Grand Jury:
You must wait two years from the date of the No Bill to apply. (Prosecutors have two years to re-file charges.)

Sealing arrest records:
If you were arrested and no formal charges were filed, you must check with the police department that arrested you to determine how to request that your arrest record be sealed.

You may not have any pending criminal charges against you to apply to have any non-convictions sealed.

How to Apply

Please remember: The Cuyahoga County Prosecutor’s Office cannot assist you in applying to have your record sealed beyond the information provided here. Please do not contact our office unless you have received a response to your application and have a question about that response. Below is a list of agencies and resources that may be able to assist you in completing an application.

Getting help with the application

You do not need an attorney to file your application for you; you may do it yourself. However, if you need help, you should contact an attorney. In Cuyahoga County, you can contact the following agencies to request assistance in submitting an application to have your record sealed:

For non-convictions and misdemeanors: The Legal Aid Society of Cleveland
This non-profit organization provides workshops for citizens and trainings for attorneys regarding the sealing of records. Visit their website at www.lasclev.org or call (888) 817-3777 or (216) 687-1900.

For felony convictions: Cuyahoga County Office of the Public Defender
This county office provides legal services to indigent adults and juveniles who have been charged with crimes. Visit the office’s website at http://publicdefender.cuyahogacounty.us/ or call (216) 443-7223.

Other resources

The Application Process

File the application with the Cuyahoga County Court of Common Pleas. You can get the application by accessing the Cuyahoga County Public Defender’s website. There are separate application forms depending on the type of record you wish to be sealed (conviction, no-bill, arrest, etc.) The application fee is $50. If you cannot afford it, you must submit an affidavit of indigence along with your application. The affidavit of indigence is available on the Cuyahoga County Clerk of Courts website. Submit your completed application to the Cuyahoga County Clerk of Courts.

**Please note: The Cuyahoga County Clerk of Courts will send you a notification if your record is sealed. Upon submitting your application, you should contact the clerk to ensure that your address is up to date in their files.**

Once the court receives your application, it will direct the Cuyahoga County Probation Department to interview you and complete an Expungement Investigation Report. This report is sent to our office, where attorneys will review it for eligibility. The Cuyahoga County Prosecutor’s Office may either file an objection to your Application for Sealing of Records, which means that we have determined you are not eligible to have your record sealed, or file a “Brief in Response,” which means that we have determined that you meet the requirements to have your record sealed. Both the court and you will receive the filing from our office.

Once this occurs, a hearing will be scheduled to review your request. A judge has the final decision of whether to seal your record.

If the judge decides to seal your record, a certified court order will go out to any agencies that have your arrest or conviction record to seal them. You will also receive a copy of the order.

After your record is sealed

After your record is sealed, it will be kept in a separate file but will not be permanently deleted. Remember: Law enforcement, government officials, and agencies will be able to access your record if they need it as part of new criminal investigations. Also, certain employers, including law enforcement, health care, daycare, school, and financial institutions can see sealed records.

Commercial background check companies also have been known to mistakenly disclose sealed criminal records to employers. If this happens to you, contact the Legal Aid Society of Cleveland or the Ohio Justice and Policy Center for help.

Resources for Victims of Crime

Services Available to Victims

Victim Witness Advocates, Cuyahoga County Prosecutor’s Office
If you are the victim of a crime and involved in a case being handled by the Prosecutor’s Office, you may contact our Victim Witness Advocates to request assistance, or speak with the assistant prosecuting attorney handling your case, who can refer you to one of our advocates.

Phone:
(216) 443-7800

Email: victimnotification@prosecutor.cuyahogacounty.us

Resources

Cornerstone of Hope
Cornerstone of Hope provides counseling (individual and group) for children, teens, and adults who have lost a loved one.

Website: www.cornerstoneofhope.org
Phone: (216) 524-4673

Cleveland Rape Crisis Center
The Cleveland Rape Crisis Center offers direct services free of charge to anyone seeking to heal from sexual violence. The CRCC is the only agency in Cuyahoga County that provides free, comprehensive services to women, children and men who have survived sexual violence. Contact the agency at:

Website: www.clevelandrapecrisis.org
24-hour hotline: (216) 619-6192
Email: info@clevelandrcc.org

526 Superior Avenue, Suite 1400
Cleveland, Ohio 44114

Cuyahoga County Witness/Victim Service Center
The Witness/Victim Service Center is a part of the Cuyahoga County Public Safety & Justice Services that promotes and preserves the rights of crime victims. To obtain support and referral information, you can call the Cuyahoga County Witness/Victim Service Center at (216) 443-7345 or visit http://ja.cuyahogacounty.us/en-US/wvsc-new.aspx.

Domestic Violence & Child Advocacy Center
Advocacy, Counseling Services (Individual/Group), shelter, safety planning.

Website: www.dvcac.org
Domestic Violence Helpline: (216) 391-HELP (216-391-4357)
Family Helpline: (216) 229-8800
General Phone: (216) 229-2420

Frontline Services (formerly Mental Health Services, Inc.)
Crisis intervention, shelter and clinical services that support victims of sexual assault, physical abuse, suicide, and homicide.

Website: www.mhs-inc.org
24-hour crisis hotline: (216) 623-6888

Hospice of the Western Reserve – Grief and Loss Support Services
Hospice staff provide individual counseling for children, youth, adults and families that have experienced a death outside the hospice network. This includes accidental death, non-hospice medical death, homicide and suicide. Services are provided at all Hospice of the Western Reserve offices as well as in the home, at school, the workplace and other community locations. There is a sliding fee scale. No one is denied services because of an inability to pay.

Website: www.hospicewr.org
Phone: 1-800-707-8922

Mothers Against Drunk Driving (MADD)
MADD provides services to victims of drunk driving accidents.

Website: www.madd.org/victim-services
Northeastern Ohio affiliate phone: (216) 265-9229

Office of Victim Services, Ohio Department of Rehabilitation and Correction
If you are a victim of crime and the defendant in your case is convicted and sentenced to prison, you can register with Office of Victims’ Services at the Ohio Department of Rehabilitation and Correction to receive victim notifications and other services. You may complete victim registration online or contact the office.

Website: www.drc.ohio.gov
Phone: (614) 728-1976 or 1-888-VICTIM4 (1-888-842-8464)
Email: DRC.Victim.Services@odrc.state.oh.us

Ohio Attorney General – Victims of Crime Resources
The Attorney General’s Crime Victim Services Section provides funding and services to aid victims, training for professionals who assist them, grants for victim service providers, and crime prevention programs for Ohio communities.

Crime Victim Section
150 E. Gay St. 25th Floor
Columbus, OH 43215

Website: www.ohioattorneygeneral.gov/Individuals-and-Families/Victims
Phone: (614) 466-5610 or 1-800-582-2877

Ohio Victims of Crime Compensation Program
Victims of crime may be eligible for compensation. For eligibility information, contact 1-877-5VICTIM (1-877-584-2846) or visit the website of the Ohio Attorney General.

Renee Jones Empowerment Center
216.651.9601
Provides services to Human Trafficking victims and others faced with many adverse challenges, such as poverty, homelessness, teen pregnancy, domestic violence, and drug-abuse.

Website: rjecempower.org
Phone: (216) 651-9601

VINE
You may also register for VINE (Victim Information Notification Every day). VINE links county jails and statewide correctional facilities to make the status of offenders available 24 hours-a-day, 365 days-a-year. Anyone may call the toll-free VINE hotline to access custody information, available in English and Spanish. Callers may also register directly with VINE to receive telephone notification of changes in custody. A live operator is available 24 hours-a-day to assist callers in accessing information or registering for notification. There is also a mobile application available for free download. Learn more about VINE here.

Frequent Questions for Victims of Crime

General Questions/Before the Trial

I feel that a crime has been committed. How do I press charges? Can I report a crime directly to the Prosecutor’s Office?
Generally, crimes should be reported to the police department or other law enforcement agency which has jurisdiction over the city or county where the crime occurred. (Access a list of law enforcement agencies in Cuyahoga County here.) We do investigate crimes such as public corruption, economic crimes and organized crime. If you believe you have information about any of these types of crimes you wish to report, please contact our office.

I was the victim of a crime and I would like to drop charges. Can I do that?
Only a prosecuting attorney can drop charges. You may discuss your wishes with the prosecutor assigned to the case, but we must consider all factors when determining whether to file, try or dismiss a case.

I received a packet from your office. What do I do with it?
This is the Initial Victim Notification Packet. We ask that you fill the requested information out to the best of your ability and return it to our office. Contact our office with any questions. Information you provide will be forwarded to the appropriate prosecutor.

What services does the Victim Witness Unit provide, and who is eligible?
Our Victim Witness Advocates provide a number of services, from helping witnesses to feel comfortable testifying in court, to referring victims to available services in the community. Anyone can request the assistance of an advocate. Victims and witnesses of violent crimes, sex crimes and crimes against children are most often referred to advocates. Please click here to learn more about our Victim Witness Advocates.

Are there other agencies or services I can seek out for support as a victim of crime?
The Prosecutor’s Office works with several agencies to provide a wide range of services to victims of crime. If you have been assigned a Victim Witness Advocate, he or she can help refer you to available services. You can also click here to learn about other services and agencies that may be helpful for victims of crime.

What are my rights as the victim of a crime?
Please click here to review your rights as a victim of crime.

What are pre-trial hearings? Do I need to attend them?
A pre-trial hearing is a meeting between the defense attorneys and prosecutors to exchange information and prepare for the possibility of trial. Not all pre-trials take place in the courtroom. Victims are not required to attend all pre-trials. If you plan to attend a pre-trial, we suggest that you speak with the prosecutor and/or your victim advocate to confirm the date and time of the meeting.

What is a protection order, and how can I get one?
There are several different types of protection orders that exist to help protect victims of crime. Temporary protection orders can be issued as part of a criminal prosecution in certain types of cases and expire when the case is closed. There are also several types of civil protection orders, which are issued in response to a petition by a victim. These orders can help protect victims of crimes such as domestic violence, stalking, sexually oriented offenses, other specific crimes, and certain offenses committed by a juvenile. Depending on the offense, your relationship to the offender (or lack thereof) and the degree of protection you seek, there are differences in how, when and where you need to file a petition. There are also differences in what the protection order may include and how long it lasts. If you wish to request a protection order, you may find it helpful to discuss this with one of our Victim Witness Advocates, or an advocate at a domestic violence or sexual assault crisis center. They can help explain your options. There is also a thorough summary of the different types of protection orders published in the 2013 edition of the Self-Help Legal Manual for Survivors of Domestic Violence, Sexual Violence and Stalking published by the Ohio Domestic Violence Network (see pages 7-14 of this PDF).

During the Trial

How can I get in touch with the prosecuting attorney working on my case?
If you received a Victim Notification letter, it will contain a case number and information about the assistant prosecuting attorney assigned to your case. You can also call our office at (216) 443-7800 and request information about your case. Be sure to have the case number or defendant’s name available when you call.

How do I find out when a defendant is set for court?
For cases proceeding through the Cuyahoga County Court of Common Pleas, you can visit the Clerk of Courts’ website and search the court dockets by defendant’s name or case number to see the next court action. Because courts schedules are subject to change, it is a good idea to confirm court dates and times with the assistant prosecuting attorney assigned to your case, especially if you plan to attend a proceeding.

Will I be contacted if there is a plea agreement?
Yes. Victims have the right to be informed of plea agreements and court proceedings throughout the case.

What is a subpoena? What should I do if I receive one?
A subpoena is a court order directing a person to appear in court. If you receive a subpoena, you are legally obligated to appear in court at the date and time indicated. If you believe that you cannot appear when subpoenaed, call our office as soon as possible.

I have been called to testify in a trial. What are my responsibilities as a witness, and how should I prepare for court?
The prosecutor and/or victim witness advocate will help you prepare to testify by answering your questions, discussing case details and familiarizing you with the courtroom. If you are nervous about testifying, don’t hesitate to reach out to the prosecutor on your case or a victim advocate. Here are some helpful tips for preparing to testify in court:

Dress conservatively and be courteous. Wear clothing that will not distract the judge or jury from what you have to say.
Don’t try to memorize your testimony; you should be natural and be yourself. Remember that the judge and jurors rely on you to be honest and direct so they can make a decision.
When it is time to testify, remember that the most important rule is to tell the truth, no matter what. Don’t try to adjust your answers or tell half-truths to help or hurt one side or another. Don’t allow your personal opinion of the case to change your testimony. It is the jury’s or judge’s role to determine guilt or innocence; your role is simply to explain what you witnessed.
When an attorney asks you a question, listen carefully. If you do not hear or understand a question, ask for it to be repeated or clarified – don’t guess at an answer. Answer only the question asked of you, simply and directly, then stop. If you don’t know the answer to a question, or don’t remember a detail you are asked about, just say that you do not know or do not remember. If you make a mistake when answering a question, correct it immediately.
It is important to speak clearly and loudly so that the judge, jury and court reporter can hear and understand what you have to say. Don’t nod or shake your head to answer a question – be sure to say “yes” or “no” so that the court reporter can correctly record your statements. If you cannot truthfully answer with a “yes” or “no,” you can and should explain your answer.
If you are a witness for the prosecution, know that the defense attorneys may try to question your credibility. Do not lose your temper. It is also important to be serious while you are on the witness stand. A courtroom is not a place for jokes, and you could be misunderstood if you try to be sarcastic or cute.
If an attorney raises an objection while you are testifying, or if the judge speaks, stop speaking and do not try to finish your answer. Listen to the objection so that you understand why it is being made, and follow any instructions the judge gives you.
Be aware that the defendant will be in the courtroom at all times and you will be asked to identify him or her. This is easier to deal with if you prepare beforehand. You may have friends or family accompany you, and they can sit in the courtroom while you testify, unless they are also witnesses. (Witnesses testify one at a time and generally wait outside the courtroom for their turn). A Victim Witness Advocate may also be with you, if you request.

Who will be in the courtroom?
Court personnel will be in the room: The judge, the bailiff (who provides administrative support and manages the courtroom), a court reporter (who records testimony and court proceedings), the defendant(s) and defense attorneys, the prosecuting attorneys, and in jury trials, the jury and sheriff’s deputies who provide security.

Courtrooms are open to the public. The seats in the back of the room, called the “gallery,” may have members of the public. Judges usually are conducting several cases throughout the day; there may be people in the courtroom waiting for their case to be heard. There may be people present who support the defendant, or who support victims. Witnesses for either side are not permitted to observe full court proceedings and are not in the room when not testifying. Children are not permitted in courtrooms. Cell phones, food and beverages are not permitted. Judges can have anyone who does not follow their courtroom rules removed from the room.

In some instances, reporters, camera operators and other members of the media may be present. As a victim, you can request that your image, voice and name not be recorded by the media. The victim advocate and prosecuting attorney will work with the judge to communicate this request to the media.

What should I do if I am contacted by a defense attorney or an investigator for the defendant?
As the victim of a crime, it is possible that defense attorneys or investigators might contact you wanting to discuss the case. While you are free to speak about the case with anyone you choose, you also have a right not to speak with the defense if you do not wish to — the decision is up to you.

If you don’t want to speak to the defense, you can refer the defense attorney to our office for any information he/she wants and decline to discuss the case.

If you decide to discuss the case with the defense attorney or investigator, it is a good idea to let the assistant prosecuting attorney handling your case know that you plan to do so. He or she may ask to accompany you to meet with the defense.

I’m not sure I can talk about what happened to me. Do I have to testify?
If you receive a subpoena, you are legally obligated to testify in court. As prosecutors, we understand that the ordeal of being the victim of a crime can be difficult to revisit. It is our duty to bring justice to those who perpetrate crimes, however, and in doing so to prevent others from getting hurt. Your testimony as a victim may be critical to convicting the person who hurt you. We are committed to making the process of testifying as comfortable as possible for you. Victim Witness Advocates from our office or from other available agencies can help you prepare to take the stand and can support you in the courtroom. The assistant prosecuting attorneys assigned to your case are also committed to advocating for you throughout the trial.

Must I face the person who hurt me in court?
The defendant must be present in court to hear what all the witnesses say about him/her as a matter of Constitutional rights. The judge, prosecuting attorneys and advocates will ensure that you are not mistreated or intimidated by the defendant.

What is a Victim Impact Statement? What am I supposed to say in it?
A Victim Impact Statement is a report — either written or oral — that helps judges understand the damage caused by a defendant’s crime. It can include economic, physical, and/or psychological harm. Consider how the crime affected you or your family, challenges associated with the crime, and any requests or feelings you have about how the defendant should be sentenced. You can be present to read your victim impact statement to the judge, or if you prefer, you can have a friend or family member, victim advocate or prosecuting attorney read the statement on your behalf. You may also submit a written statement to the judge and request that it not be read in open court.

After Conviction

What happens at sentencing? Can I make a statement?
As a victim, you have the right to make a statement at the sentencing hearing before the judge delivers his or her sentence. The assistant prosecuting attorney handling your case can assist you in preparing to make your statement. If you wish, a Victim Witness Advocate and/or family and friends can also attend the sentencing to support you. If the news media have expressed an interest in the case, they may be present at the sentencing to record proceedings. The judge may ask them not to record victims’ faces or voices.

How do I find out when a particular prisoner will be released from prison or jail?
Register with the Ohio Department of Rehabilitation and Correction Office of Victim Services and sign up to receive alerts through VINE. Once you register, you will be alerted to any changes in incarceration status.

Frequently asked questions

Subpoenas

Transportation

Parking

Where do I go?

What do I wear?

Courtroom Decorum

Meals

Trial Procedure

Restitution

No Contact Orders

Sealing Criminal Records

Resources for Victims of Crime

Subpoenas

Subpoenas

Transportation

Sustainable World Development

Parking

Conviction Integrity Unit

Where do I go?

Crime Strategies Unit

What do I wear?

Business Impact Through Experience

Courtroom Decorum

Sustainable World Development

Meals

Sustainable World Development

Trial Procedure

Sustainable World Development

Restitution

Sustainable World Development

No Contact Orders

Sustainable World Development

Sealing Criminal Records

Sealing Criminal Records

Sealing Criminal Records

What is expungement? What does it mean when a record is sealed?

Why should I get my record sealed?

What records are eligible for sealing?

Types of criminal records

Eligibility Guidelines for Convictions

Eligibility and Guidelines for Non-Convictions

How to Apply

Getting help with the application

The Application Process

After your record is sealed

Resources for Victims of Crime

Services Available to Victims

Resources

Frequent Questions for Victims of Crime

General Questions/Before the Trial

During the Trial

After Conviction