|
 |
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.
|
|
|
|