Understanding Your Rights as a Crime Victim
A victim advocate is a professional who supports crime victims by helping them navigate the criminal justice system and serving as a point of communication throughout the case. When most people think about the criminal justice system, they picture prosecutors and defense attorneys arguing their cases in court. What many people don’t realize is that victims also play an important role throughout the criminal process.
In Ohio, with the inception of Marsy’s Law in 2018, victims are entitled to specific legal rights during their trial to have their voice heard. Victims are now assigned a victim advocate, someone who helps explain the legal process, keeps victims informed about court dates, and communicates their concerns to the prosecutor.
Victim advocates provide an important service and help many people navigate what can be an overwhelming experience. However, there are situations where a victim may feel that their own wishes aren’t being represented. If that happens, it’s important to understand that you may have options.
What Does a Victim Advocate Do?
Victim advocates are professionals who work with crime victims throughout the criminal justice process. Depending on the jurisdiction, they may:
- Explain how the criminal case works
- Notify victims about upcoming court hearings
- Help victims understand their legal rights
- Assist with victim impact statements
- Connect victims with counseling or community resources
- Communicate the victim’s concerns to the prosecutor
Their role is intended to help victims understand and navigate a complicated legal system during an incredibly stressful time. For many people, victim advocates become an invaluable source of information and support.
Who Does the Victim Advocate Work For?
This is where confusion sometimes arises. Although victim advocates work with victims, many are employed by the prosecutor’s office. That means they are part of the same office responsible for prosecuting the criminal case, rather than the victim advocate working solely for the victim.
In most situations, this arrangement works well because the prosecutor and the victim generally want similar outcomes. However, there are times when those interests may not perfectly align.
What If the Victim Wants Something Different Than the Victim Advocate Is Suggesting?
Every criminal case is unique. Sometimes a victim wants the harshest punishment possible. Other times, they don’t. For example, a victim may believe that:
- Counseling is more appropriate than jail.
- They want restitution rather than incarceration.
- They want charges reduced.
- They want the case dismissed.
- They want the defendant to receive treatment instead of prison.
- They simply want the situation resolved so everyone can move forward.
Those wishes don’t always match what the prosecutor believes is appropriate. Ultimately, prosecutors represent the interests of the state, not any one individual. Their responsibility is to seek what they believe is a just outcome under the law. Because of that, there may be scenarios where a prosecutor would move forward with a case even though the victim would prefer a different resolution.
Does a Victim Advocate Look Out for Your Best Interests?
Victim advocates work hard to communicate with victims throughout a case. However, some victims may feel that their preferences aren’t being fully reflected in court. For example, a victim may say:
“I want this person to get counseling, but I don’t want them to end up with a permanent criminal record.”
By the time that message reaches the prosecutor, the discussion may shift toward legal options that accomplish part of that goal while still requiring a criminal conviction.
In another situation, a victim might feel the victim advocate is not looking out for their best interests because they are being encouraged to accept a particular resolution. This doesn’t necessarily mean anyone is acting improperly; often the victim advocate encourages specific outcomes because they are the most practical or legally appropriate. This reflects the reality that criminal cases involve many competing legal considerations.
Still, if a victim believes their wishes aren’t being accurately communicated, they shouldn’t assume they have no options.
Can a Victim Hire Their Own Lawyer?
Many people don’t realize that victims can hire their own attorney to represent their personal interests during a criminal case. An attorney representing a victim does not replace the prosecutor. Instead, that lawyer advocates specifically for the victim’s individual rights and objectives. This can be especially helpful if the victim believes:
- Their wishes aren’t being accurately communicated.
- Their legal rights aren’t being fully protected.
- They want independent legal advice.
- They disagree with how the case is being handled.
- They want to recant their original statement
- They need guidance on how the criminal case affects related civil, family, or protective order issues.
Having independent counsel ensures that someone is focused solely on the victim’s interests rather than balancing the broader responsibilities of the prosecutor’s office.
Situations Where Independent Counsel May Be Helpful
Independent representation may be worth considering in situations such as:
Domestic Violence Cases
Relationships are often complicated. Sometimes an alleged victim wants prosecution to continue. Sometimes they don’t. Sometimes they admit that they acted rashly and exaggerated or even fabricated the actions of the alleged perpetrator. Sometimes they want counseling, treatment, or family reunification rather than incarceration. An independent attorney can explain what options may be available and help communicate the victim’s wishes directly to the court when appropriate.
Financial Crime Cases
Some victims are primarily interested in recovering their financial losses. Others may prioritize criminal punishment. Independent legal advice can help victims understand both the criminal and potential civil aspects of their situation.
Cases With Significant Personal Consequences
Some criminal cases overlap with:
- Divorce
- Child custody
- Civil lawsuits
- Protective orders
- Employment issues
An attorney representing the victim can provide advice that goes beyond the criminal prosecution itself.
Hiring Your Own Lawyer Doesn’t Mean You’re Fighting the Prosecutor
Some people worry that hiring their own attorney will create conflict. That’s not necessarily true.
In many cases, independent counsel simply helps ensure the victim’s wishes are clearly understood throughout the legal process. Sometimes the prosecutor and the victim are completely aligned. Sometimes they’re not. Having your own attorney ensures you have someone on your team whose sole responsibility is to advise and advocate for you.
Speak With an Attorney About Your Rights
If you’ve been the victim of a crime and have questions about your rights or concerns about how your interests are being represented, speaking with an experienced attorney can provide clarity. Whether you’re seeking information about restitution, protective orders, plea negotiations, or just want independent legal advice, understanding your options can help you make informed decisions throughout the criminal justice process.
At The Joslyn Law Firm, we often have spouses or partners reach out because they accused their significant other of some form of abuse and now want to resolve the issue without charges being laid. In these circumstances, an independent attorney can help ensure the spouse’s wishes are communicated to the court, while the defense attorney continues to represent the accused.
While our expertise is in criminal defense, we can help spouses connect with reputable independent attorneys who can advocate for their interests and ensure their wishes are clearly communicated throughout the legal process. Contact the Joslyn Law Firm to speak with an experienced Ohio defense lawyer today.
