Ohio Code 2930.12 – Notice of the defendant’s acquittal or conviction
(A) At the request of the victim or victim’s representative in a criminal prosecution, the prosecutor or the prosecutor’s designee shall give the victim and the victim’s representative notice of the defendant‘s acquittal or conviction within seven days of the acquittal or conviction. At the request of the victim or victim’s representative in a delinquency proceeding, the prosecutor or the prosecutor’s designee shall give the victim and the victim’s representative notice of the dismissal of the complaint against the alleged juvenile offender or of the adjudication of the alleged juvenile offender as a delinquent child, except that, if the juvenile court dismisses the complaint against the alleged juvenile offender or adjudicates the alleged juvenile offender a delinquent child prior to the prosecutor’s involvement in the case, at the request of the victim or victim’s representative, the court or a court employee shall give the victim and the victim’s representative notice of the dismissal or of the adjudication. If the defendant or alleged juvenile offender is convicted or is adjudicated a delinquent child, the notice shall include all of the following:
Terms Used In Ohio Code 2930.12
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Alleged juvenile offender: means a child who is alleged to have committed a delinquent act in a police report or in a complaint in juvenile court that charges the commission of a delinquent act and that provides the basis for the delinquency proceeding and all subsequent proceedings to which this chapter makes reference. See Ohio Code 2930.01
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Case: means a delinquency proceeding and all related activity or a criminal prosecution and all related activity. See Ohio Code 2930.01
- Child: includes child by adoption. See Ohio Code 1.59
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Court: means a court of common pleas, juvenile court, municipal court, or county court. See Ohio Code 2930.01
- Criminal offense: means an alleged act or omission committed by a person that is punishable by incarceration and is not eligible to be disposed of by the traffic violations bureau. See Ohio Code 2930.01
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Defendant: means a person who is alleged to be the perpetrator of a criminal offense in a complaint, indictment, or information that charges the commission of a criminal offense and that provides the basis for the criminal prosecution and subsequent proceedings to which this chapter makes reference. See Ohio Code 2930.01
- Delinquency proceeding: means all proceedings in a juvenile court that are related to a case in which a complaint has been filed alleging that a child is a delinquent child. See Ohio Code 2930.01
- Delinquent act: means an alleged act committed by a child, regardless of whether the child is competent, that does any of the following and is not disposed of by the juvenile traffic violations bureau serving the court under Traffic Rule 13. See Ohio Code 2930.01
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- prosecution: means the prosecution of criminal charges in a criminal prosecution or the prosecution of a delinquent child complaint in a delinquency proceeding. See Ohio Code 2930.01
- Prosecutor: means one of the following:
(1) With respect to a criminal case, it has the same meaning as in section 2935. See Ohio Code 2930.01
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Rule: includes regulation. See Ohio Code 1.59
- Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
(1) The criminal offenses or delinquent acts of which the defendant was convicted or for which the alleged juvenile offender was adjudicated a delinquent child;
(2) The purpose of the presentence investigation report, if ordered, and that the victim and victim’s representative, if applicable, have the right to review, on request to the prosecutor, a copy of the presentence investigation report except those portions of the report that are confidential by law;
(3) The address and telephone number of the probation department or other person, if any, that is to prepare a presentence investigation report pursuant to section 2951.03 of the Revised Code or Criminal Rule 32.2, the address and telephone number of the person, if any, who is to prepare a disposition investigation report pursuant to division (C)(1) of section 2152.18 of the Revised Code, and the address and telephone number of the person, if any, who is to prepare a victim impact statement pursuant to division (D)(1) of section 2152.19 or section 2947.051 of the Revised Code;
(4) Notice that the victim and victim’s representative, if applicable, may make a statement about the impact of the criminal offense or delinquent act to the probation officer or other person, if any, who prepares the presentence investigation report or to the person, if any, who prepares a victim impact statement, that a statement of the victim and victim’s representative, included in the report, if applicable, will be made available to the defendant or alleged juvenile offender unless the court exempts it from disclosure, and that the court may make the victim impact statement available to the defendant or alleged juvenile offender;
(5) Notice of the victim’s, victim’s representative’s, and victim’s attorney’s, if applicable, right under section 2930.14 of the Revised Code to make a statement about the impact of the criminal offense or delinquent act before sentencing or disposition;
(6) The date, time, and place of the sentencing hearing or dispositional hearing;
(7) Notice that, if the court orders restitution, the victim or victim’s attorney, if applicable, has the right to file a lien;
(8) One of the following:
(a) Any sentence imposed upon the defendant and any subsequent modification of that sentence, including modification under section 2929.20 or 5120.036 of the Revised Code or as a result of the defendant’s appeal of the sentence pursuant to section 2953.08 of the Revised Code;
(b) Any disposition ordered for the defendant and any subsequent modification of that disposition, if known to the prosecutor, including judicial release or early release in accordance with section 2151.38 of the Revised Code. If a court has not provided timely notice to the prosecutor of a subsequent modification of that disposition, the court shall promptly notify the victim and the victim’s representative, if applicable, of the subsequent modification.
(B) During the probation department’s presentence investigation, the department shall contact the victim, victim’s representative, and victim’s attorney, if applicable, concerning the victim’s economic, physical, psychological, or emotional harm or victim’s safety concerns as a result of the offense.
Last updated March 9, 2023 at 3:52 PM