Crime Victims' Rights (Marsy's Law)

- If you update this form, please send a copy to us at police@butlertownship.com and to the prosecutor handling the case.
- For misdemeanors, the prosecutor is dcaldwell@vandaliaohio.org.
- For a felony case, contact the Montgomery County Prosecutor's Office to determine who should receive this form (link to their site below).

Be informed of their rights.
Be treated with fairness and respect for their 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 their confidential or personal information.
Be present at all public proceedings, other than grand jury proceedings.
Have a support person with them during proceedings.
Make statements in certain public proceedings involving victims’ rights.
Object to unreasonable delays in the case.
Full and timely restitution from the offender.

Receive notice of the arrest, escape, or release of the offender.
Have personal identifying information redacted from case documents before public release.
Receive 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 their personal information.
Appoint a victim’s representative.

Impact the rights of the accused. It only ensures that victims have the same rights as the accused – nothing more, nothing less.
Make a victim a party to a case. The victim’s role in a criminal case will not change, they are simply a person with certain rights. The prosecutor remains in control of the case and handles all decision-making in the prosecution of the crime.
Cause unnecessary delays in the criminal process.

It is vital that you communicate your desires to the prosecutor.
Some crimes, such as domestic violence, are not only a crime against you, it is also a crime against the State. Therefore, once the case is accepted, the decision to “drop” charges can only be made by the prosecutor.
If you do not wish to participate in the prosecution, you must call the prosecutor directly (VMC Prosecutor David Caldwell: 937-415-2220) to make an appointment, or you may appear at the scheduled pre-trial conference. This allows the Court and prosecutor to take your wishes into account and make informed decisions regarding the case resolution.
This does not mean the case will definitely be "dropped." Simply failing to appear may result in the case being set for trial and could result in additional consequences or delays. Communicating directly with the prosecutor is the best way to exercise your rights and ensure your voice is heard.

If the defendant threatens or tries to stop you from coming to court, the defendant’s bond could be revoked and they could be charged with a new crime. If any person pressures or threatens you about the case, let the prosecutor’s office know immediately.
The defense attorney or someone from their office may try to talk to you. You are allowed to talk to them, but you don’t have to--it’s your choice. Be aware that they may seem really friendly, but they work for the defendant and could use things you say in court.
Make sure to get the name and number of anyone trying to talk to you about the case.

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