Your completed Victim Impact Statement,will be forwarded to the appropriate Probation Department to become a permanent part of the presentence report. Your thoughts and concerns about this case will be taken into consideration by the Judge or Magistrate before a decision is rendered at sentencing.
In completing the Victim Impact Statement, please pay special attention to the following:
- Please list the value of all property losses, repairs, and/or medical/counseling expenses incurred as a result of the crime and indicate which of these expenses were covered by insurance. Please include any verifying documents.
- Please explain the emotional trauma experienced by you and/or your family as a result of the crime.
- You may also indicate your thoughts regarding the sentence/disposition of the defendant/juvenile offender in the space provided. Requests for restitution are applicable here. It is also important to realize that incarceration in the local jail/detention home is different from incarceration in the state institution (prison)/Department of Youth Services. If you do not oppose probation, any suggestions you can recommend may become special conditions of probation.
Should you have any questions or concerns regarding the completion of the form, you may contact the Advocate that has been providing assistance.
The Municipal Court Advocate provides comprehensive services to those victimized by crime in Erie County, at the Municipal Court. She provides services to victims of assault, domestic violence, sexual imposition, menacing, menacing by stalking, aggravated menacing, or intimidation of a victim/witness, as well as victims of felony crimes that are pending at the municipal court. The Advocate provides services at Sandusky Municipal Court and Erie County Municipal Court in Milan.
The Advocate provides any or all of the following to victims and/or their families: notification regarding court hearings, information and explanation regarding various court hearings and court procedures, acts as liaison between victim and prosecutor, mental health/substance abuse counseling referrals, assistance with medical providers, assistance with employers, referrals to educational programs. Victims are contacted at the time of arraignment and the Advocate provides them assistance through the court process.
The Municipal Court Advocate is also responsible for attending the Tri-County SANE/SART Committee and assisting with the Rape Crisis Component.
What are they?...When are they needed?...When are they ordered?
When the defendant has appeared in court and pled guilty or no contest to an offense and the Judge feels that there may be a need for more information before the defendant is sentenced, a pre-sentence investigation may be ordered by the Judge.
Who does it?
A pre-sentence investigation is done by the court's adult probation officer (or department).
What happens?
The defendant is given a questionnaire to fill out and is told to make an appointment, and will be interviewed. (Sometimes this can happen immediately.)
From this questionnaire the probation department will review and will verify the information.
Victim Impact Statements
The Victim Impact Statement is an essential part of the pre-sentence investigation, because this helps the Judge, Probation Department, and the Prosecutor too.
What happens next?
Upon completion of the information gathering and verification process, a sentencing hearing date will be scheduled.
What happens in court?
The information gathered by the Probation Department and the recommendations of that department will be used by the Judge to determine what type of sentence the defendant will receive and whether they will be placed on probation.
Victim's Assistance can be there for you...
So you should try to appear in court for the sentencing hearing if at all possible, so the Judge can speak to you in person.
For Your Information
Right to Compensation For Economic Losses Resulting From Crime:
In 1976, the Ohio Legislature enacted the Crime Victims Compensation Act. This law helps innocent victims of violent crime recover their economic losses suffered as a result of the crime. In 2000, SB 153 expanded benefits for some crime victims, and streamlined the application process. Victims of violent crime must apply for compensation and must meet certain eligibility requirements. Some of the most commonly asked questions about crime victims compensation are answered in the paragraphs below.
Can I Get Help Paying Bills Related to Me Being a Crime Victim?
The Ohio Crime Victims Compensation Program may help you pay specific expenses that are not covered by insurance or other benefits if you are in one of the following categories:
- A victim of violent crime (including OMVI).
- A dependent of a deceased victim.
- A parent or guardian of a crime victim if you are responsible for the victim's expenses.
- Someone who has taken legal responsibility to pay the expenses incurred due to a crime.
- An immediate family member of a victim of homicide, sexual assault, domestic violence or permanent life altering condition resulting from crime.
What Type of Expenses Will the Compensation Fund Cover?
An Award may be made for:
- All medically necessary expenses for treatment and care of the victim that are not covered by insurance.
- Funeral expenses.
- Loss of income.
- Counseling costs.
- Other costs as specified under law.
(Awards are not usually made for property loss or for pain and suffering.)
All payments for expenses eligible for compensation will be made directly to the service providers. If, however, at the time of applying for compensation, you have paid some or all of the expenses, you (rather than the service provider) will directly receive reimbursement for the paid expense(s). You will also receive direct payment for any loss of income you may have and certain other types of economic loss that you personally incur.
- Information about the status of the criminal case
- Notification of court proceedings and defendant's charges
- Explanation and information about the criminal justice system
- Escort to and moral support in the courtroom during proceedings
- Referrals to social service agencies and other programs that may be of assistance to you and your family
- Employer intervention to explain time absent from work due to required court appearances
- Assistance in requesting restitution
- Advocacy and support with any problems that you may have as a result of being victimized
- Information regarding release notification or possible release from custody