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Crime Victim Justice Unit

VICTIMS AND WITNESSES HAVE RIGHTS

Crime Victim Rights Brochure (pdf)

Right to be Notified of

  • Crime victim rights.
  • Prosecution process and the right to participate in it.
  • Contents of any plea agreement.
  • Changes in court proceeding schedule when a victim has been subpoenaed or requested to testify.
  • Final disposition of the case.
  • Appeals filed by the defendant, the right to attend the oral argument or hearing, and the right to be notified of the final disposition.
  • Proposed sentence modifications for the offender, including the date, time, and location of the review and the right to provide input.
  • Release or escape of the offender from prison or custodial institution or transfer to a lower security facility.
  • Offender's petition for expungement.
  • Right to request restitution.
  • Right to apply for reparations.
  • Information on the nearest crime victim assistance program or resource.
  • Petition to civilly commit an offender, outcome of that petition, and notice of offender’s possible discharge/release from civil commitment.

 

Right to Protection from Harm

  • Right to a secure waiting area during court proceedings.
  • Right to request that home and employment address, telephone number, and birth date be withheld in open court.
  • Right to request that law enforcement agency withhold identity from the public.
  • Protection against employer retaliation for victims and witnesses called to testify and for victims of violent crimes and their family members who take reasonable time off to attend court proceedings.
  • Tampering with a witness is a crime and should be reported.

 

Right to Participate in Prosecution

  • Right to request a speedy trial.
  • Right to provide input in a pretrial diversion decision.
  • Right to object orally or in writing to a plea agreement at the plea presentation hearing.
  • Right to object orally or in writing to a proposed disposition or sentence.
  • Right to inform court of impact of crime orally or in writing at the sentencing hearing.
  • Right to inform court at the sentencing hearing of social and economic impact of crime on persons and businesses in the community.
  • Right to be present at the sentencing and plea presentation hearings.
  • Right to submit statement regarding decision to discharge/release offender from civil commitment.

 

Right to Apply for Financial Assistance

  • Victims of violent crime may apply for financial assistance (reparations) from the state if they have suffered economic loss as a result of the crime.
  • Victims may request the court to order the defendant to pay restitution if the defendant is found guilty or pleads guilty.
  • Victims may request that a probation violation hearing be scheduled 60 days prior to the expiration of probation if restitution has not been paid.

 

Domestic Violence, Sexual Assault, and Harassment Victims

  • Right to be informed of prosecutor’s decision to decline prosecution or dismiss case along with information about seeking a protective or harassment order at no fee.
  • Protection against employer retaliation for victims to take reasonable time off to attend order for protection or harassment restraining order proceedings.
  • Domestic abuse victims have ability to terminate lease without penalty.
  • Sexual assault victims can make confidential request for HIV testing of offender.
  • Sexual assault victims do not have to pay the cost of a sexual assault examination.
  • Sexual assault victims may not be required to undergo a polygraph examination in order for an investigation or prosecution to proceed.

 

 

 

24-HOUR CRISIS REFERRAL LINE DIAL 2-1-1 (or 651-291-0211)
More information about 2-1-1


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