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Mississippi
Rights
Granted to Victims of a Crime in Mississippi
-
Content of any
plea bargain agreements..
-
Changes in the
schedule of court proceedings to a victim who has been subpoenaed
or requested to testify.
-
Final disposition
of the case.
-
Any pending appeals
by the defendant, including the right to attend the oral argument
or hearing.
-
Sentence modifications
for the offender, including the date, time and location of the review.
-
Release of the
offender from prison or custodial institution.
-
Transfer of the
offender from prison or custodial institution.
-
Escape of the
offender from prison or custodial institution.
-
The offenders
petition for expungement.
-
The right to
request restitution and apply for reparations.
-
Right to Participate
in Prosecution.
-
Right to request
a speedy trial.
-
Right to provide
input in a pre-trial diversion decision.
-
Right to object
to proposed disposition or sentence.
-
Right to bring
a supportive person to the pre-trial hearing.
-
Right to attend
plea agreement hearings.
-
Right to object
orally or in writing to a plea agreement at the hearing.
-
Right to inform
court of impact of crime 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 attend
the sentencing hearing.
-
Right to request
a probation review hearing.
-
Right to Protection
from Harm.
-
Tampering with
a witness is a crime in Minnesota and should be reported.
-
Employers may
not discipline or dismiss victims or witnesses who are called to
testify in court.
-
Right to request
address be withheld in open court.
-
Right to a secure
waiting area during court.
-
Right to request
law enforcement to withhold their identity from the public.
-
Right to Apply
for Financial Assistance.
-
Victims may be
eligible for financial assistance (reparations) from the state if
they have suffered economic loss as a result of a violent crime.
-
Victims may request
the court to order the defendant to pay restitution.
Source:
Mississippi Department of Corrections
Missouri
Rights
Granted to Victims of a Crime in Missouri
General
Crime Victim Rights in Missouri:
-
To be present
at all criminal proceedings where the defendant has that right.
-
To confer with
the prosecutor regarding bail hearings, guilty pleas, pleadings
of insanity, hearings, sentencing and probation revocation hearings.
-
To be present
at any hearing in which the defendant is present before a probation
and parole hearing officer and to full participation in all phases
of parole hearings or probation revocation hearings.
-
To be heard at
juvenile probation revocation hearings, probation revocation and
parole hearings initiated by the board of probation and parole,
and release proceedings for persons found not guilty by reason of
insanity. Victims also may offer a written statement, video or audio
tape in lieu of a personal appearance.
-
To protection
from harmful threats from a defendant for activities arising out
of cooperation with law enforcement officials, and the right to
a secure waiting area during a court proceeding.
-
To speedy disposition
of cases and speedy appellate review.
-
To fair employment
rights (including the right of a victim, witness or member of a
victim's family not to be discharged or disciplined by an employer
for honoring a subpoena or for participating in the preparation
of a criminal proceeding).
-
To regain property
from a prosecutor or law enforcement officer once it is no longer
needed for evidence or retention during an appeal (within five working
days upon request) unless it is contraband or subject to forfeiture
proceedings.
-
To creditor intercession
services by the prosecuting attorney if the victim is unable, as
a result of the crime, to temporarily meet financial obligations.
-
To limited compensation
for out-of-pocket loss and for qualified medical care necessary
as a result of the crime.
You
May Be Eligible For Reimbursement Benefits If:
-
You are a victim
of violent crime and suffered personal bodily injury.
-
You are a relative
who requires counseling to better assist a sexual assault victim
with recovery.
-
You are a spouse,
child or other dependent of a victim who has died as a direct result
of a crime, or you assumed financial obligations incurred as a result
of the victim's death.
-
You are a Missouri
resident who suffered personal injury in a state that does not have
a crime victim's compensation program and the injury would be covered
if the crime had occurred in Missouri.
To
Be Eligible You Must Have:
-
Reported the
incident within 48 hours To the proper law enforcement agency or
had a good reason for delay.
-
Filed the compensation
claim within two years of the crime or discovery of the crime.
-
Incurred medical
expenses and lost time from work, or incurred no medical bills but
lost at least two weeks wages.
Source:
Missouri Attorney General's Office
Montana
Rights
Granted to Victims of a Crime in Montana
-
The right to
information about the case and the offender.
-
The right to
fair treatment.
-
The right to
Confidentiality.
-
The right to
be heard.
-
The right to
receive restitution.
For
more information on victims' rights in Montana, visit the
Montana Department of Justice web site.
Source:
Montana Department of Justice
Nebraska
Rights
Granted to Victims of a Crime in Nebraska
General
Rights of Victims:
-
To be informed
on all writs of subpoena or notices to appear that they are entitled
to apply for and may receive a witness fee.
-
To be notified
that a court proceeding to which they have been subpoenaed will
not go on as scheduled in order to save the person an unnecessary
trip to court.
-
To receive protection
from harm and threats of harm arising out of their cooperation with
law enforcement and prosecution efforts and to be provided with
information as to the level of protection available.
-
To be informed
of financial assistance and other social services available as a
result of being a witness or a victim of a crime, including information
on how to apply for the assistance and services.
-
To be informed
of the procedure to be followed in order to apply for and receive
any witness fee to which they are entitled.
-
To be provided,
whenever possible, a secure waiting area during court proceedings
that does not require them to be in close proximity to defendants
and families and friends of defendants.
-
To have any stolen
or other personal property expeditiously returned by law enforcement
agencies when no longer needed as evidence.
-
To be provided
with appropriate employer intercession services to insure that employers
of victims will cooperate with the criminal justice process in order
to minimize an employee's loss of pay and other benefits resulting
from court appearance.
-
To be entitled
to a speedy disposition of the case.
-
To be informed
by the county attorney of the final disposition of a felony case
in which they were involved and to be notified whenever the defendant
in such case is released from custody.
For
more information visit the
Nebraska Department of Correctional Services.
Nevada
Rights
Granted to Victims of a Crime in Nevada
General
Rights of Victims' of Crime in Nevada
-
To know the status
of the case in which you are involved.
-
To be free from
intimidation or dissuasion.
-
To know when
your impounded property may be released.
-
To receive a
witness fee for lawful obedience to a subpoena.
-
To understand
the existing victim compensation laws and receive compensation if
applicable.
-
To a secure waiting
area, which is not available to the defendant or his family, when
you are at court.
-
To know when
the defendant is released from custody before or during trial (upon
written request).
-
To know when
the offender is released from prison (upon written request).
Your
Right to Be Heard at Sentencing
The
Legislature is charged with making laws providing that the victim of
a crime, personally or through a representative, shall be:
-
Informed, upon
written request, of the status or disposition of a criminal proceeding
at any stage of the proceeding.
-
Allowed to be
present at all public hearings involving the critical stages of
a criminal proceeding.
-
Allowed to be
heard at all proceedings for the sentencing or release of a convicted
person after trial.
Before
imposing sentence, the court shall afford the victim an opportunity
to appear personally, by counsel or by a personal representative and
reasonably express any views concerning the crime, the person responsible,
and the impact of the crime on the victim and the need for restitution.
Additionally,
the prosecutor must give reasonable notice of the sentencing hearing
to the person against whom the crime was committed; a person who was
injured as a direct result of the crime; the surviving spouse, parents
or children of a person who was killed as a direct result of the crime;
and any other relative or victim who requests in writing to be notified
of the hearing.
Restitution
The court can order restitution against a defendant
who is found guilty.
Acceptable
restitution includes direct costs to pay for medical bills, property
damage and unrecovered stolen property.
In
order for the court to order the defendant to make restitution, you
must provide your prosecutor with copies of your bills and/or estimates
for replacement or repair.
If
the crime is a gross misdemeanor or felony, you should also provide
those documents to the parole and probation officer who is doing the
pre-sentence report.
Other
Compensation
The
State of Nevada has a program to compensate victims of violent crime.
The compensation may be awarded for medical bills, psychological counseling,
lost wages, funeral and burial expenses. You cannot be compensated for
property loss, legal fees, phone bills, living expenses or pain and
suffering.
For
a victim of a sexual offense, there are other assistance programs. Counties
are responsible for payment of sexual offense examinations and medical
care for any physical injuries resulting from the offense within 72
hours after the victim arrives for treatment. Additionally, the county
can pay up to $1000 for counseling costs. Contact your prosecutor if
you have any questions regarding this provision. (NRS 449.244; 217.290;
217.480)
Other
Rights
(NRS
176.630) - Provides a hearing to revoke probation and modify a defendant's
sentence, and that the Division of Parole and Probation must notify
the victim of the proposed changes and the victim has the right to be
heard at the hearing. The victim must request such notification, in
writing to the Department of Parole and Probation.
(NRS
176.5698) - Provides that, upon written request of the victim, the prosecutor,
sheriff or chief of police shall inform the victim of:
-
When the defendant
is released from custody at any time before or during trial.
-
The amount of
bail for release of the defendant.
-
The final disposition
of the case in which he was directly involved
-
If the defendant
has been convicted of a sexual offense or a crime of threatened
or actual use of violence against the victim, the court shall provide
to each victim or witness certain forms and documentation outlining
rights (contact your prosecutor for specifics regarding this section).
For
more information visit
Carson City District Attorney's Office web site.
Source:
Carson City District Attorney's Office
New Hampshire
Rights
Granted to Victims of a Crime in New Hampshire
General
Rights of Victims of Crime in Nevada:
-
The right to
be treated with fairness and respect for their dignity and privacy
throughout the criminal justice process.
-
The right to
be informed about the criminal justice process and how it progresses.
-
The right to
be free from intimidation and to be reasonably protected from the
accused throughout the criminal justice process.
-
The right to
be notified of all court proceedings.
-
The right to
attend trial and all other court proceedings the accused has the
right to attend.
-
The right to
confer with the prosecution and to be consulted about the disposition
of the case, including plea bargaining.
-
The right to
have inconveniences associated with participation in the criminal
justice process minimized.
-
The right to
be notified if presence in court is not required.
-
The right to
be informed about available resources, financial assistance, and
social services.
-
The right to
restitution, as granted under RSA 651:62-67 or any other applicable
state law, or victim's compensation, under RSA 21-M:8-h or any other
applicable state law, for their losses.
-
The right to
be provided a secure, but not necessarily separate, waiting area
during court proceedings.
-
The right to
be advised of case progress and final disposition.
-
The right of
confidentiality of the victim's address, place of employment, and
other personal information.
-
The right to
the prompt return of property when no longer needed as evidence.
-
The right to
have input in the probation presentence report impact statement.
-
The right to
appear and make a written or oral victim impact statement at the
sentencing of the defendant.
-
The right to
be notified of an appeal, an explanation of the appeal process,
the time, place and result of the appeal, and the right to attend
the appeal hearing.
-
The right to
be notified and to attend sentence review hearings and sentence
reduction hearings.
-
The right to
be notified of any change of status such as prison release, permanent
interstate transfer, or escape, and the date of the parole board
hearing, when requested by the victim through the victim advocate.
-
The right to
address or submit a written statement for consideration by the parole
board on the defendant's release and to be notified of the decision
of the board, when requested by the victim through the victim advocate.
Victims'
Assistance Commission
The
New Hampshire Victims' Assistance Commission helps innocent victims
of violent crime with expenses directly related to crime injuries.
The
costs of this program are paid by motor vehicle and criminal fine assessments
and federal Victims Of Crime Act (VOCA) grants.
Who
is Eligible?
-
Any person who
sustains physical and/or mental injuries in a felony crime which
occurred in New Hampshire on or after 11/02/89 or a misdemeanor
crime that occurred in New Hampshire on or after 7/1/97.
-
Any person who
sustains personal injury as a result of persons driving under the
influence of alcohol or controlled substances in New Hampshire on
or after 11/02/89.
-
Immediate family
members of a homicide victim who was killed on or after 11/02/89.
-
New Hampshire
residents injured by any of the above crimes in a state without
a compensation program may also be eligible.
What
Must You Do To Get Help?
-
You must report
the crime to local law enforcement within 5 days, unless there is
a reasonable explanation why you did not.
-
You must file
an application with the commission within one year from the date
of the crime, unless there is a reasonable explanation why you could
not.
-
You must cooperate
with the reasonable requests of law enforcement officers and prosecutors
in their investigation or prosecution of the crime.
-
You must incur
at least $100.00 in out-of-pocket loss or liability as a direct
result of the crime.
-
You must not
have contributed in any way to the injury or death.
-
You must not
have been assisting in or committing a criminal act causing your
injuries.
For
more information visit
The New Hampshire Department of Justice web site.
Source:
The New Hampshire Department of Justice
New Jersey
Rights
Granted to Victims of a Crime in New Jersey
General
Rights of Victims of Crime in New Jersey:
-
To be treated
with dignity and compassion by the criminal justice system
-
To be informed
about the criminal justice process
-
To be free from
intimidation
-
To have inconveniences
associated with participation in the criminal justice process minimized
to the fullest extent possible
-
To make at least
one telephone call provided the call is reasonable in both length
and location called
-
To medical assistance
if, in the judgment of the law enforcement agency, medical assistance
appears necessary
-
To be notified
if presence in court is not needed
-
To be informed
about available remedies, financial assistance and social services
-
To be compensated
for their loss whenever possible
-
To be provided
a secure, but not necessarily separate, waiting area during court
proceedings
-
To be advised
of case progress and final disposition
-
To the prompt
return of property when no longer needed as evidence
-
To submit a written
statement about the impact of the crime to a representative of the
county prosecutor's office which shall be considered prior to the
prosecutor's final decision concerning whether formal criminal charges
will be filed
-
To make, prior to sentencing, an in-person statement directly to
the sentencing court concerning the impact of the crime.
This
statement is to be made in addition to the statement permitted for inclusion
in the presentence report by N.J.S. 2C:44-6. In any homicide prosecution
the victim's survivor may display directly to the sentencing court at
the time of this statement a photograph of the victim taken before the
homicide.
For
more information visit
The New Jersey Office of Attorney General web site.
Source:
The New Jersey Office of Attorney General
New Mexico
Rights
Granted to Victims of a Crime in New Mexico
General
Rights of Victims of Crime in New Mexico:
-
The right to
be treated with fairness and respect for the victim's dignity and
privacy throughout the criminal justice process.
-
The right to
timely disposition of the case.
-
The right to
be reasonably protected from the accused throughout the criminal
justice process.
-
The right to
notification of court proceedings.
-
The right to
attend all public court proceedings the accused has the right to
attend.
-
The right to
confer with prosecution.
-
The right to
make a statement to the court at sentencing and at any post-sentencing
hearings for the accused.
-
The right to
restitution from the person convicted of the criminal conduct that
caused the victim's loss or injury.
-
The right to
information about the conviction, sentencing, imprisonment, escape
or release of the accused.
-
The right to
have the prosecuting attorney notify the victim's employer, if requested
by the victim, of the necessity of the victim's cooperation and
testimony in a court proceeding that may necessitate the absence
of the victim from work for good cause.
-
The right to
promptly receive any property belonging to the victim that is being
held for evidentiary purposes by law enforcement agency or the prosecuting
attorney, unless there are compelling evidentiary reasons for retention
of the victim's property.
For
more information visit the
New Mexico Office of Attorney General web site.
Source:
New Mexico Office of Attorney General
New York
Rights
Granted to Victims of a Crime in New York
-
Crime victims
should receive information about their role in the criminal justice
process.
-
Crime victims
are entitled to receive a free copy of the police report relating
to the crime.
-
Crime victims
and their families have the right to consult with the prosecutor,
to provide their views about the disposition of the case, the defendant's
release and sentencing including restitution from the defendant.
-
Upon providing
prosecutors with a current address and telephone number, victims
are entitled to notification of judicial proceedings relating to
their case, including the accused's arrest, arraignment, pre-trial
release, entry of a guilty plea, trial, sentencing, final disposition,
terms of imprisonment, parole, release and escape.
Victim
Information and Notification Everyday (VINE)
Crime
victims can access information about custody and release data on all
prison inmates by calling the Department of Correctional Services' (DOCS)
toll-free Victim Information and Notification Everyday (VINE) number
at 1-888-VINE4NY.
When
calling VINE, victims are required to provide the offender's name, NYSID
number or DIN number, provided by the District Attorney's office, in
order to access custody information.
Victim
Impact Statement
-
Victims or their
families have the right to address the court on any matter relevant
to sentencing, when a defendant has committed a felony so long as
the court has been given notice.
-
A judge cannot
sentence a defendant convicted of any crime to 90 days or more or
to a sentence of probation without having first received a pre-sentence
investigation report prepared by the Department of Probation.
-
Where appropriate,
the report may contain a Victim Impact Statement with information
about the victim's version of the offense, the extent of injury
or economic loss, the actual out-of-pocket loss, and the views of
the victim relating to disposition, including the amount of restitution
and reparation sought by the victim.
A crime
victim or a victim's representative, including the victim's closest
surviving relative, is entitled to submit a statement to the Parole
Board, concerning threatening or intimidating conduct toward the victim,
the victim's representative, or the victim's family, made by the offender.
Where a crime victim submits a Victim Impact Statement concerning the
release of an inmate, requires the Parole Board to keep that person's
identity, including his/her name and address, confidential.
Crime
Victims Board and Compensation
A Crime
Victims Board is designated as an agency providing financial relief
to victims of crime who suffer physical injury as a direct result of
the crime. In addition, seniors, disabled persons and others who have
not suffered physical injury as a direct result of the crime, also may
be entitled to receive compensation.
All
law enforcement agencies shall have available claim applications and
brochures regarding crime victim compensation for every victim of a
crime.
The
claim must be filed in person or by mail not later than one year after
the occurrence or discovery of the crime. This period may be extended
beyond one year provided good cause is demonstrated.
Compensation
Compensation
is to reimburse the crime victim for out-of-pocket expenses such as:
-
Indebtedness
reasonably incurred for medical or other services, such as counseling,
shelter services, or rehabilitative occupational training.
-
Loss of earnings
or support not to exceed $30,000.
-
Burial expenses
not to exceed $6,000 of a victim who died as a direct result of
a crime.
-
The costs of
crime scene cleanup and securing of a crime scene not exceeding
$2500.
-
The unreimbursed
cost of repair or replacement articles of essential personal property
lost, damaged, or destroyed as a direct result of the crime, limited
to an amount of $500.
Restitution
and Reparation
In
addition to compensation from the Crime Victims Board, victims should
be informed of their right to seek restitution and reparation. Restitution
restores the victim to the financial position he/she was at before the
crime was committed; reparation is payment to the victim for damages
caused by the crime.
Property
Return
A victim's
property held for evidentiary purposes must be promptly returned, unless
there is a compelling reason relating to trial for retaining it.
For
complete details of victims' rights in New York, visit the
New York State Office of Attorney General web site.
Source:
New York State Office of Attorney General
North Carolina
Rights
Granted to Victims of a Crime in North Carolina
Responsibilities
of Law Enforcement to the Victim(s)
-
Information about
the availability of medical services.
-
Information about
crime victims' compensation.
-
Contact information
for the prosecuting District Attorney's office.
-
Contact information
for the investigating law enforcement agency to ask about an accused's
arrest or release from custody.
-
Information about
an accused's opportunity for pretrial release.
Responsibilities
of the District Attorney's Office to the Victim(s)
-
Providing the
victim with information that explains the victim's rights.
-
Notifying the
victim of the date, time and place of all trial court proceedings
involving the accused, if the victim so desires.
-
Providing a secure
waiting area during court proceedings.
-
Providing the
victim with the opportunity to talk with the attorney prosecuting
the case, before the case is disposed, about the victim's views
of the disposition of the case.
-
Providing the
victim the right to make a statement telling the sentencing judge
the impact the case has had on the victim, prior to disposition
of the case.
-
Informing the
victim of the disposition of the case within thirty (30) days of
the final proceeding.
-
Telling the victim
of any rights the defendant has to appeal the case.
-
Submitting victim
identification information to the court at the time of sentencing.
Responsibilities
of Other Agencies
The
victim is also entitled to receive notice as follows:
-
The Attorney
General's Office notifies the victim of any appellate court proceedings.
-
The Governor's
Office gives notice of any clemency proceedings.
-
The agency having
custody of a defendant committed to jail or prison notifies the
victim of the minimum custody status, upcoming release, escape,
capture, or death of an incarcerated defendant.
-
The Division
of Community Corrections gives information to the victim concerning
the supervision status, probation hearings, absconding, capture,
termination of probation, discharge from probation, or death of
a probationer.
Victim
Impact
A victim has the right to offer evidence of the impact
of the crime, to be considered by the court or the jury in sentencing
the defendant.
This
evidence can include:
-
A description
of the injuries - physical, psychological, or emotional - that the
victim suffered.
-
An explanation
of any economic or property loss.
-
A request for
restitution.
Responsibilities
of the Victim
As
shown above, several agencies have responsibilities to notify the victim
of various events, if the victim requests to be notified. In the case
of any changes in the victim's address or telephone number, it is the
victim's responsibility to notify the appropriate agencies of the new
address or telephone number.
For
more details on victims' rights in North Carolina, visit the
North Carolina Victims' Assistance Network.
Source:
North Carolina Department of Justice
North Dakota
Rights
Granted to Victims of a Crime in North Dakota
Victims
Rights
-
As victim of
crime in North Dakota, you have the following post sentencing rights:
-
To receive prompt
notice of the inmate's release from custody, including work release
program, community residential program or transfer to mental health
facility.
-
To be informed
of the parole and pardon process, including notice of any pending
review.
-
To submit a written
statement to the parole board and pardon advisory board concerning
the impact of the crime. Victims of violent crime, may, at the board's
discretion, personally appear to give a statement.
-
To be notified
of the parole board and pardon advisory board's decision.
-
To be notified
of protection available in cases of intimidation.
-
To be informed
of appropriate and available community services.
Services
Available For Crime Victims
-
Crisis intervention
and advocacy throughout the correction process.
-
Information regarding
status of inmates in prison or under the supervision of the Department
of Corrections and Rehabilitation (DOCR)
-
Notification
of inmate release and explanation of victim notification process
-
Community education
about policies and procedures of the DOCR
-
Referrals to
other state and community services
Victim
Responsibilities
To keep the Victim Service Program informed as to
a current address and phone number.
Victim
Comments
Your
comments may be oral or written and may include the physical, financial,
and emotional impact of the crime on you and your family, the anticipated
risk of continued physical, financial, and emotional impact, the advisability
of release and conditions of release, and any other issues of concern
to you.
Your
comments shall be considered in the final release decisions made by
the parole board and pardon advisory board.
Both
boards review a variety of factors including: comments from the sentencing
judge, state's attorney, institutional adjustment, previous parole experience,
and emotional stability.
Victim
comments are shared with the board members but are not made known to
the offender.
The
Release Process
-
Expiration
of Sentence
- release occurring when an inmate has served to the maximum sentence
date.
-
Parole-
discretionary release of an inmate granted by the North Dakota Parole
Board. The offender may be returned to incarceration for violating
conditions of parole.
-
Pardon
- request from an offender for sentence modification requiring the
approval of the Pardon Advisory Board and the Governor.
Notification
Process
The
DOCR Victims Service Program will provide notification of the following
changes in an inmate's status if a current address is known.
-
When inmate arrives
at the North Dakota State Penitentiary.
-
Assignment to
work release
-
Temporary leave
-
Education release
-
Release on parole
status
-
Release on pardon
status
-
Expiration of
sentence
-
When the offender
is revoked on probation or parole and is returned to the penitentiary
-
Death
-
Escape
Additional
Information
The
DOCR determines an inmate's custody classification based upon a number
of factors. An inmate's custody level determines the level of security
needed for management of the inmate. The DOCR assigns inmates to a particular
correctional facility based, in part, on the custody classification
and the needs of the inmate. The location of an inmate is public information
and will be provided upon request.
The
North Dakota Century Code allows for inmates convicted after August
1, 1995, to earn five days good time per month except when incarceration
is six months or less.
Certain
aspects of an offender's release plan, including special conditions
of supervision imposed by the parole board or the DOCR are public information
and will be provided at request.
The
DOCR will intervene if a crime victim or member of the public is receiving
unwanted telephone or written communication from an inmate.
For
more details on victims' rights visit the
North Dakota Department of Corrections and Rehabilitation website.
Source:
North Dakota Department of Corrections and Rehabilitation
Ohio
Rights
Granted to Victims of a Crime in Ohio
General
Rights of Victims of Crime
-
You have a right
to be informed by Law Enforcement about your rights, available services,
victims' compensation, and the name, arrest, and release of the
defendant.
-
By Prosecutors
about pretrial diversion, plea negotiation, change in charges, and
of all
-
court proceedings,
hearing changes, appeals, and parole and release hearings.
-
You have a right
to be present at hearings and proceedings without undue delay, even
if subpoenaed, unless the judge determines it will cause an unfair
trial.
-
You have a right
to have someone represent you if you do not want to attend.
-
You have a right
to have someone with you for support, with a separate waiting area.
You
Have a Right to be Heard
You
have a right to be heard through a Victim Impact Statement to prosecutor,
judge, probation, and parole:
-
Without penalty
by your employer.
-
With consideration
for confidentiality when you are fearful.
You
Have a Right to Restitution
To
be paid by the criminal for your financial loss when ordered by the
Court from the state of Ohio Victim Compensation program for certain
injury-related expenses and counseling, even if the criminal is never
identified or arrested.
To
have your restitution order enforced as a civil judgment.
For
additional information on victims' rights visit the
Ohio Attorney General web site.
Source:
Ohio Attorney General
Oklahoma
Rights
Granted to Victims of a Crime in Oklahoma
General
Rights of Victims of Crime
-
To be notified
that a court proceeding to which a victim or witness has been subpoenaed
will or will not go on as scheduled, in order to save the person
an unnecessary trip to court.
-
To receive protection
from harm and threats of harm arising out of their cooperation with
law enforcement and prosecution efforts, and to be provided with
information as to the level of protection available and how to access
protection.
-
To be informed
of financial assistance and other social services available as a
result of being a witness or a crime victim, including information
on how to apply for the assistance and services.
-
To be informed
of procedure to be followed in order to apply for and receive any
witness fee to which the victim or witness is entitled.
-
To be informed
of the procedure to be followed in order to apply for and receive
any restitution to which the victim is entitled.
-
To be provided,
whenever possible, a secure waiting area during court proceedings
that does not require close proximity to defendants and families
and friends of defendants.
· To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence.
· If feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis and property the ownership of which is disputed, shall be returned to the person.
-
To be provided
with appropriate employer intercession services to ensure that employers
of victims and witnesses will cooperate with the criminal justice
process in order to minimize an employee?s loss of pay and other
benefits resulting from court appearances.
-
To have the family
members of all homicide victims afforded all of the services under
this section, whether or not the person is to be a witness in any
criminal proceedings.
-
To be informed
of any plea bargain negotiations.
-
To have victim
impact statements filed with the judgement and sentence.
-
To be informed
if a sentence is overturned, remanded for a new trial or otherwise
modified by the Oklahoma Court of Criminal Appeals.
-
To be informed
in writing of all statutory rights.
-
To be informed
that when any family member is required to be a witness by a subpoena
from the defense, there must be a showing that the witness can provide
relevant testimony as to the guilt or innocence of the defendant
before the witness may be excluded from the proceeding by invoking
the rule to remove potential witnesses.
-
To be notified
of Pardon & Parole Board actions if you request notification.
-
To be informed
in felony cases involving violent crime or sex offenses when pre-trial
proceedings may substantially delay prosecution.
For
more information about victims rights, visit the
Oklahoma District Attorneys Council web site.
Source:
Oklahoma District Attorneys Council
Oregon
Rights
Granted to Victims of Crime in Oregon
General
Rights of Victims
(**
upon the victim's request)
-
**The right to
keep your address and phone number from the criminal defendant.
-
The right, if
a defense attorney or his/her representative contacts you, to be
told who he/she is, and that you may have a deputy district attorney
present if you do decide to talk with him/her.
-
The right to
a court hearing if you are harassed or intimidated by the criminal
defendant.
-
The right to
be informed of changes in court dates and hearings.
-
The right to
be in the courtroom during the trial of the case in which you are
a victim.
-
The right to
appear personally or with your attorney, in addition to the deputy
district attorney, and express your views at sentencing.
-
The right to
have the Judge consider ordering the convicted criminal to pay a
compensatory fine to you when the evidence supports such an order.
-
**The right to
be notified of and appear at parole hearings.
-
**The right to
be notified thirty (30) days before a criminal is released from
prison.
-
The right to
be reasonably protected from the criminal defendant or the convicted
criminal throughout the criminal justice process.
-
**The right to
be present at, to be heard at, and to be informed in advance of
any critical stage of the proceedings where the criminal defendant
is present.
-
**The right to
be informed about the conviction, sentence, imprisonment, criminal
history and future release from physical custody of the criminal
defendant or convicted criminal.
-
The right to
refuse and interview, deposition or other discovery request by the
defendant, the defendant's attorney, or other person acting on behalf
of the defendant.
-
The right to
receive prompt restitution from the person or persons convicted
of the criminal conduct that caused the victim's loss or injury.
-
The right to
have all relevant evidence admissible against the criminal defendant.
-
The right, in
a criminal prosecution, to a public trial without delay by a jury
composed of persons who have not been convicted of a felony.
-
The right to
have a copy of a transcript of any court proceeding, if one is otherwise
prepared.
-
The right that
no law shall limit the court's authority to sentence a criminal
defendant consecutively for crimes against different victims.
-
The right to
have all charges against a criminal defendant tried in a single
trial.
-
The right to
be consulted, upon request, regarding plea negotiations involving
any violent felony.
-
The right to
be informed of these rights as soon as reasonably practicable.
For
more information about the rights of victims in Oregon, visit the
State of Oregon Department of Justice web site.
Pennsylvania
Rights
Granted to Victims of a Crime in Pennsylvania
General
Rights and Services Available to Victims
-
To receive basic
information concerning the services to assist you.
-
To be notified
of certain significant actions and proceedings pertaining to your
case, including, in personal injury crimes, the arrest of the suspect
and escape from police custody.
-
To be accompanied
at all public criminal proceedings by a family member, a victim
advocate or another person.
-
In cases of personal
injury crimes, burglary, or driving under the influence involving
bodily injury, to submit prior comment to the prosecutor's office
on the potential reduction or dropping of any charge or changing
of a plea.
-
To offer prior
comment of submit a written victim impact statement for the judge's
consideration at sentencing.
-
To recover your
losses, to the extent possible, through restitution, compensation
through the crime victim's compensation program and the return of
property which was seized as evidence when it is no longer needed
by the prosecutor.
You
have the following rights in personal injury crimes where the offender
is sentenced to a state prison:
-
To provide prior
comment on and to receive notice of release decisions.
-
To be immediately
notified if the offender escapes;
-
To receive notice
when an offender is committed to a mental health facility from a
state prison and of the discharge, transfer or escape of the offender
from the mental health facility.
-
To have assistance
in the preparation of, submission and follow-up on the financial
assistance claims to the Crime Victim's Compensation Board.
Victim's
Responsibility
In
order for you to receive information and/or notice on matters concerning
your case, you must provide a valid address and telephone number to
the requesting agency.
You
are also responsible for providing timely notice of any changes in that
information. The information you provide is confidential and may not
be disclosed to any person other than a representative of a law enforcement
agency, prosecutor's office or corrections agency without your written
prior consent. The victim's responsibility fall to the parent or legal
guardian for child victims and to a surviving family member in the case
of a homicide.
For
more information about victim rights visit the
Pennsylvania Commission on Crime and Delinquency web site.
Source:
Pennsylvania Commission on Crime and Delinquency
Rhode Island
Rights
Granted to Victims of a Crime in Rhode Island
Rights
Of Victims Of Crime
A victim
of crime shall, as a matter of right, be treated by agents of the state
with dignity, respect and sensitivity during all phases of the criminal
justice process.
Such
person shall be entitled to receive, from the perpetrator of the crime,
financial compensation for any injury or loss caused by the perpetrator
of the crime, and shall receive such other compensation as the state
may provide.
Before
sentencing, a victim shall have the right to address the court regarding
the impact which the perpetrator's conduct has had upon the victim.
Other
Rights
-
The right to
be treated with fairness and with respect for the victim's dignity
and privacy.
-
The right to
be reasonably protected from the accused offender.
-
The right to
be notified of court proceedings.
-
The right to
be present at all public court proceedings related to the offense,
unless the court determines that testimony by the victim would be
materially affected if the victim heard other testimony at trial.
-
The right to
confer with the attorney for the Government in the case.
-
The right to
restitution.
-
The right to
information about the conviction, sentencing, imprisonment, and
release of the offender.
Many
of the programs offered to Rhode Island victims of crime are difficult
to locate through the Internet.
For
the mose current information, contact:
Joseph L. Persia
VOCA Administrator
Rhode Island Justice Commission
One Capitol Hill
Providence, Rhode Island 02908
Tel (401) 222-2620
Fax (401) 222-1294
Joep@gw.doa.state.ri.us
When discussing the rights of a crime victim, keep a list of services
that you will receive only at your request. Ask specific questions and
call back if more questions arrise. Many rights are time sensitive so
do not delay in getting your questions answered quickly.
Source:
United States Attorney's Office -- District of Rhode Island
South Carolina
Rights
Granted to Victims of a Crime in South Carolina
-
Be treated with
fairness, respect, and dignity, and to be free from intimidation,
harassment, or abuse, throughout the criminal and juvenile justice
process, and informed of the victim's constitutional rights, provided
by statute.
-
Be reasonably
informed when the accused or convicted person is arrested, released
from custody, or has escaped.
-
Be informed of
and present at any criminal proceedings which are dispositive of
the charges where the defendant has the right to be present.
-
Be reasonably
informed of and be allowed to submit either a written or oral statement
at all hearings affecting bond or bail.
-
Be heard at any
proceeding involving a post-arrest release decision, a plea, or
sentencing.
-
Bbe reasonably
protected from the accused or persons acting on his behalf throughout
the criminal justice process.
-
confer with the
prosecution, after the crime against the victim has been charged,
before the trial or before any disposition and informed of the disposition.
-
Have reasonable
access after the conclusion of the criminal investigation to all
documents relating to the crime against the victim before trial.
-
Receive prompt
and full restitution from the person or persons convicted of the
criminal conduct that caused the victim's loss or injury including
both adult and juvenile offenders.
-
Be informed of
any proceeding when any post-conviction action is being considered,
and be present at any post-conviction hearing involving a post-conviction
release decision.
-
A reasonable
disposition and prompt and final conclusion of the case.
-
Have all rules
governing criminal procedure and the admissibility of evidence in
all criminal proceedings protect victims rights and have these rules
subject to amendment or repeal by the legislature to ensure protection
of these rights.
Victims'
Compensation Fund
SOVA
can help with certain types of crime related costs.
In
every case, the expense has to be linked to losses from injury or death
as a result of the crime.
*Up
to a combined total of $15,000 for:
Medical
Costs
-
Doctor ordered
medicine, equipment, supplies, and treatment
-
Dental or orthodontic
work
-
Other costs such
as physical rehabilitation, reconstructive surgery, and transportation
to doctor appointments
Counseling
-
Counselor must
confirm that trauma resulted from the crime
-
20 sessions spread
over a period of time; or any number of sessions within a 180 days
from the first session; or 180 inpatient days at a mental hospital/facility,
whichever amount you (the victim) need most
-
Payment amount
is on a set fee schedule which is similar to an insurance company
scale
Burial
Bills for a Deceased Victim
-
Reimbursement
limit is $4000
-
Certain funeral
items may not be covered
-
Copy of death
certificate is required
Lost
Wages and or Lost Support
-
If you have lost
financial support because you or the household wage-earner has been
out of work for over two weeks, then you may be eligible for lost
wages or lost support payments.
-
You may be eligible
if you are the victim or the victim's dependent or spouse
-
You may be eligible
to receive up to two-thirds of the average weekly wages
-
If you are a
victim of Criminal Domestic Violence and your support came from
the offender, you may qualify for this benefit. Your situation will
be handled on an individual basis
For
more information about victim rights visit the
South Carolina Attorney General web site.
Source:
South Carolina Attorney General
South Dakota
Rights
Granted to Victims of a Crime in South Dakota
You
are entitled to be protected by all of the provisions of the 1991 South
Dakota Victims' Rights Act and to be notified of your rights by the
prosecutor. However, you must inform your prosecutor if you want to
exercise your rights.
Crime
Victim Have the Following Rights:
-
The right to
be treated with fairness and with respect for the victim's dignity
and privacy.
-
The right to
be reasonably protected from the accused offender.
-
The right to
be notified of court proceedings.
-
The right to
be present at all public court proceedings related to the offense,
unless the court determines that testimony by the victim would be
materially affected if the victim heard other testimony at trial.
-
The right to
confer with attorney for the Government in the case.
-
The right to
restitution.
-
The right to
information about the conviction, sentencing, imprisonment, and
release of the offender.
South
Dakota Crime Victims' Compensation Program
The
http://www.state.sd.us/social/CVC/index.htm
South Dakota Crime
Victims'
Compensation Program[/link] provides monetary assistance to victims
of violent crimes.
This
program, administered by the Department of Social Services, may pay
victims of state, tribal or federal crimes a maximum of $15,000 for
certain expenses incurred as a direct result of personal injury or death.
Expenses
must be reasonable in amount and may include:
-
Medical expenses;
-
Mental health
counseling expenses;
-
Mileage;
-
Funeral and burial
expenses;
-
Loss of earnings
or support;
-
Dental and prosthetic
devices;
-
Eyeglasses or
corrective lenses;
-
Homicide scene
cleanup expenses;
-
Replacement costs
for personal property used as evidence.
Compensation
cannot be paid for other property losses, attorney's fees or pain and
suffering. In addition, the program is a last resort for payment.
In
most cases, payments can only be made if there is no other source of
payment including private health insurance for the victim, other public
programs, etc. However, there are no income requirements.
Compensation
may be paid for expenses for the primary victim as well as limited compensation
for certain secondary victims including family members of a homicide
victim, the spouse of a rape victim, and parents of a child who has
been physically or sexually abused.
Not
all victims qualify for assistance. Program staff determine if the victim
is eligible for assistance after the victim or claimant has filed an
application and the information verified.
For
more information about the Crime Victims' Right of Rights contact:
Office of the Attorney General
500 East Capitol Ave.
Pierre, SD 57501-5070
(605) 773-3215
Source:
South Dakota Office of the Attorney General
Tennessee
Rights
Granted to Victims of a Crime in Tennessee
Program
Services Information
-
Assistance in
understanding the way the criminal justice system works;
-
Assistance during
court proceedings;
-
Referral to community
agencies;
-
Notification
of parole hearings, release dates, or other information available
concerning inmate status;
-
Communication
with employers about court appearances;
-
Assistance for
eligible victims in filing petitions with the criminal injuries
compensation program;
-
Assistance in
obtaining restitution to victims of crime directly from the perpetrator
of the crime when possible;
-
Assistance to
victims in becoming more involved in the processes which affect
the perpetrator of the crime such as the plea negotiation process
and the sentencing process including pre sentence reports and the
sentencing hearing itself.
Overview
Of Tennessee Victim Rights -- Constitution
-
The right to
confer with the prosecution.
-
The right to
be free from intimidation, harassment and abuse throughout the criminal
justicesystem.
-
The right to
be present at all proceedings where the defendant has the right
to be present.
-
The right to
be heard, when relevant, at all critical stages of the criminal
justice process as defined by the General Assembly.
-
The right to
be informed of all proceedings, and of the release, transfer or
escape of the accused or convicted person.
-
The right to
a speedy trial or disposition and a prompt and final conclusion
of the case after theconviction or sentence.
-
The right to
restitution from the offender.
-
The right to
be informed of each of the rights established for victims.
Rights
of Victim and Prosecution Witnesses
-
Dignified and
compassionate treatment.
-
Protection from
intimidation/retaliation by the defendant and/or defendant's family.
-
Separation from
defendant and family at court (when possible).
Victims
shall upon request have a right to information about:
-
Court processes
-
Continuances
-
Plea Negotiations
-
Court times,
dates, locations
-
Victim's role
in each stage
-
Service agency
referral
-
Victims Compensation
-
Voicing an opinion
on a defendant's
-
Sentence or plea
-
Recovery of property
as soon as legally permissible
-
Restitution (information
about how to obtain restitution directly from defendant)
-
Priorty to victims
of violent crime (due to legal requirements and limited resources)
Tennessee
State Criminal Injuries Compensation Fund
You
may apply if..
-
You have been
a victim of a crime and you suffered a personal injury.
-
You were injured
trying to stop a crime.
-
You were injured trying to catch
a criminal you saw commit a felony.
-
Felonies are
serious crimes. If you don't know if the crime was a felony, ask
the District Attorney General or police.
-
Dependents. You
may apply if you are a dependent of a victim who died as the result
of a crime. A dependent is a relative who relies on another person
for money or support. Children are dependents of their parents.
Sometimes a husband or wife is a dependent of his or her spouse.
-
Legal Representatives.
You may apply if you are a legal representative who helps with a
victim's estate. For example, if you paid funeral and burial expenses
of a victim of crime, you may apply.
-
Persons Responsible
for the Maintenance of the Victim. You may apply for compensation
for your expenses for taking care of an injured victim if you are
a person who is responsible for the care of the victim.
-
Family Members.
A member of the victim's family who provided substantial support
or needed services to the victim may apply for expenses for grief
counseling. The victim must have been killed and must have been
a family member who was unmarried and under 24 years old.
You
may receive money to help pay for:
-
Hospital bills,
doctors bills, and medicine bills.
-
Lost wages from
work missed because of injuries.
-
The cost of injuries
that caused permanent disabilities (total or partial).
-
Loss of life.
(If you are a dependent of a victim who died as a result of a crime.)
-
Pain and suffering.
If the crime was rape or another sexual crime, you may receive money
for pain and suffering.
For
more information visit
District Attorney General - 7th Judicial District of Tennessee web
site.
Source:
District Attorney General - 7th Judicial District of Tennessee
Texas
Rights
Granted to Victims of a Crime in Texas
General
Rights of Victims' of Crime:
-
The right to
protection from harm and threats of harm arising from cooperation
with prosecution efforts.
-
The right to
have your safety, and that of your family, taken into consideration
when bail is being considered.
-
The right to
be informed about court proceedings, including cancellations or
rescheduling upon request.
-
The right to
information about procedures in criminal investigations and in the
criminal justice system.
-
The right to
receive information about the texas crime victims compensation fund
and referral to available social service agencies.
-
The right to
provide information to a probation department conducting a pre-sentence
investigation about the impact of the offense upon you and your
family.
-
The right to
have the law enforcement agency that requests a medical examination
of a victim of an alleged sexual assault pay all costs of the examination
only.
-
The right to
be notified about parole proceedings, to participate in the parole
process, and to be notified of the inmate's release.
-
The right to
be present at all public court proceedings related to the offense,
if the presiding judge approves.
-
The right to
a safe waiting area before and during court proceedings.
-
The right to
prompt return of any property that is no longer needed as evidence.
-
The right to
have the prosecutor notify your employer that the need for your
testimony may involve your absence from work.
-
The right to
counseling, on request, regarding aids and hiv infection and testing
for aids and hiv related infections, if the offense is a sexual
offense or sexual assault.
Crime
Victims' Compensation
Who
May Qualify (TCCP, Art.56.32.)
-
An innocent victim
of crime who suffers physical and/or emotional harm or death.
-
An authorized
individual acting on behalf of a victim.
-
A person who
legally assumes the obligations or voluntarily pays certain expenses
related to the crime on behalf of the victim.
-
A dependent of
a victim.
-
An immediate
family member or household members related by blood or marriage
who require psychiatric care or counseling as a result of the crime.
-
An intervenor
who goes to the aid of the victim or a peace officer.
-
A peace officer,
fire fighter, or individual whose employment includes the duty of
protecting the public.
What
Crimes Are Covered (TCCP, Art.56.32.4)
Crimes involving "criminally injurious conduct," which
is defined as conduct that occurs or is attempted, poses a substantial
threat of personal injury or death and is, or would be, punishable by
fine, imprisonment or death.
This
includes sex offenses, kidnapping, aggravated robbery, assaultive offenses,
arson, homicide and other violent crimes in which the victim suffers
physical or emotional harm or death.
The
following motor-vehicle-related crimes are also covered: Failure to
Stop and Render Aid, DWI, Manslaughter, Criminally Negligent Homicide,
Aggravated Assault, Intoxication Manslaughter and Intoxication Assault.
What
Expenses Are Eligible
Claims
may be approved for benefits up to a total of $50,000. These funds may
be paid to the victim/claimant or to service providers on behalf of
the victim. Approved claims may be awarded compensation for the following
expenses related to the crime:
-
Medical, hospital,
physical therapy or nursing care
-
Psychiatric care
or counseling
-
Loss of earnings
or support
-
Loss of wages
due to participation in, or attendance at, the investigation, prosecutorial
and judicial processes, and travel
-
Care of a child
or a dependent
-
Funeral and burial
expenses
-
Crime scene clean-up
-
Replacement costs
for clothing, bedding, or property seized as evidence or rendered
unusable as a result of the investigation
-
Reasonable attorney
fees for assistance in filing the Crime Victims' Compensation application
and in obtaining benefits, if the claim is approved
-
Loss of wages
and travel to seek medical treatment
-
One time relocation
expenses for domestic violence victims or for those sexual assault
victims attacked in their own residence
In
the case of catastrophic injuries resulting in a total and permanent
disability, the victim may be eligible for $50,000 in benefits for:
-
Making a home
or car accessible
-
Job training
and vocational rehabilitation
-
Training in the
use of special appliances
-
Home health care
-
Reimbursement
of lost wages
Reimbursement
for property damage or theft is not an eligible expense.
For
more information visit the
Texas Attorney General web site.
Source:
Texas Attorney General
Utah
Rights
Granted to Victims of a Crime in Utah
General
Rights for Victims' of Crime:
-
You have a right
to know what to do if you're threatened. It's a crime for anyone
to threaten a witness or to hurt a witness or retaliate against
a witness because of testimony.
-
You have a right
to know just what your role is in the justice system.
-
You have a right
to be in a safe place when you're waiting for court.
-
You may have
a right to receive restitution for medical expenses and other losses
resulting from a crime.
-
You have a right
to property that's been taken as evidence when it's no longer needed
as evidence.
-
You have a right
to receive assistance when serving as a witness causes problems
on your job.
-
You have a right
to have your case completed as quickly as possible.
-
You have a right
to receive timely notice of dates you must be in court.
-
If a case is
canceled or postponed, you have a right to be informed as soon as
possible.
-
Children are
entitled to rights in addition to the ones listed above.
Victim
Services:
-
Upon request
from the victim, can notify the victim of probation or parole hearings.
-
Provide information
concerning the offender's supervision requirements.
-
Resource and
referrals to community programs and agencies.
-
Information about
the criminal justice process.
-
Notification
of termination, discharge, absconding, death, escape and capture
of the offenders (upon written request).
-
Information regarding
the rights of victims.
Utah
Department of Corrections Victim Notification
The
Utah Department of Corrections Vine Service is a free automated hotline
that provides victims with information and notification 24 hours a day,
365 days a year.
General
Features
-
Use of the Utah
DOC VINE Service is free of charge.
-
After you have
registered for notification the Utah DOC Vine Service will call
you automatically if an inmate is released, is transferred, escapes
or dies.
-
All telephone
registrations through the Utah DOC Vine Service are anonymous. You
will select your own four digit PIN (Personal Identification Number)
to access the system.
-
You may register
more than one telephone number, using the same PIN for each registration.
-
If you are not
home when the VINE system calls with a notification, the service
will leave a message and call back within two hours.
-
You may call
the Utah DOC Vine Service as often as you like from any touch-tone
telephone to check on an inmate's custody status.
-
The Utah DOC
Vine Service may be accessed from anywhere in the United States
using the toll free number.
-
Live VINE operators
in English and Spanish may be accessed at any time.
-
The Utah DOC
Vine Program allows crime victims, as well as other members of the
community, access to inmate information. Access to this data is
available by using any touch-tone telephone. By entering the inmates
name or offender number, the caller can find out if the offender
is in custody, and if the offender has a release date; If you have
difficulty with the name or offender number you may access a live
VINE operator or contact the Utah DOC Victim Services Unit for assistance.
Registration
for notification is also available using a touch-tone telephone. Once
registered, the Vine system will call with notification of custody status
as listed below. The system will call the registered party every hour
for up to forty-eight hours, or until notification is confirmed by the
entering of the correct PIN code.
Notification
for Utah Department of Correction's inmates will be made to registered
callers for the following:
-
Release from
prison
-
Escape
-
Return to custody
from escape
-
Death
-
Release on furlough,
work release, or community program
-
Parole release
date thirty days prior to release
-
Moves to county
jails, moves between the Draper and Gunnison prison sites, or community
correctional centers (halfway-house)
-
To register with
the Utah DOC VINE System call toll-free 1-877-884-8463
Any
questions regarding VINE, notification, or victim issues should be directed
to the Utah Department of Corrections Victim Services Unit at 801-545-5899
or 801-545-5658.
For
more information visit the
Utah Department of Corrections web site.
Vermont
Rights
Granted to Victims of a Crime in Vermont
Victims'
Rights For Victims of Crimes
Victim
Advocates Provide:
-
Short-term counseling
and support.
-
Referrals to
other places that can help you.
-
Help getting
paid back if you missed work and lost money from your job because
of the crime.
-
Help applying
for Victims Compensation.
-
Help with paperwork,
like filling out forms or figuring out restitution requests.
-
Help getting
protection form the police if anyone tries to keep you from cooperating
with the court system.
-
Help getting
your belongings back if they were taken for evidence.
-
Help getting
transportation to court.
Your
Rights When the Defendant is Arraigned
You
have the right to be in court for the defendant's arraignment.
You
have the right to be told by the prosecutor's office of issues concerning
the defendant being released on bail.
At
your request, you have the right to know if the defendant is released
into the community, and the terms of his or her Conditions of Release.
Your
Rights Throughout the Court Process
-
You have the
right to be treated with courtesy and sensitivity by the court system.
-
You have the
right to be told about court proceedings regarding your case including
scheduled changes and the result of the proceedings.
-
During the deposition
you can have an advocate with you, or a support person who is an
adult and not a witness in the case.
-
You are entitled
to a witness fee when you testify.
-
You do not have
to answer questions about the case outside of a courtroom or a deposition.
-
You may be present
at most court hearings.
-
Your boss cannot
fire or punish you if you miss work because you had to testify in
court or at a deposition.
-
You have the
right to be told of any delays because of motions.
-
You should be
informed and your opinion heard if the lawyers are talking about
a possible plea agreement.
Your
Rights if the Defendant is Convicted
-
You have the
right to attend the defendant's sentencing hearing.
-
The Victim Advocate
can help you with transportation to court for the sentencing hearing.
If
you attend the hearing, you have the right to express your views.
You
have the right to know what a prison sentence means in terms of the
actual time a defendant will serve, and the earliest and latest times
a defendant will be released.
If
you are a minor (under age 18) or if you cannot act on your own behalf,
a family member may act as your representative at the sentencing hearing.
Your
Rights While the Defendant is in Prison or on Probation
You
have the right to be informed promptly if a defendant is to be released
on probation or furlough.
You
should also notified of a defendant's escape, recapture, death, pardon,
or if the sentence is made less severe. To get this information you
will need to submit a "Release Notification Form" and send it to the
Corrections department.
If
you request it, you can be told of the defendant's general compliance
with conditions of probation.
Parole
Hearings
You
should be informed by the Department of Corrections 30 days before a
defendant's parole board hearing is scheduled. You have a right to attend
or make your views known to the parole board, in person or by letter.
Unless
you permit it, the defendant may not be present while you speak to the
parole board, although he or she has the right to know what you have
written or said.
Your
Rights During Post-Trial Litigation: Appeals and PCRs
You
have the right to be promptly informed by the prosecutor's office about
the status of the case throughout these proceedings, and to be told
what the different issues mean.
More
Information About Your Rights
You
have the right to seek restitution at the end of a case.
You
have the right to seek civil damages and to pursue a lawsuit against
the offender for money damages.
For
more information visit
Vermont Office of Attorney General
Source:
Vermont Office of Attorney General
Virginia
Rights
Granted to Victims of a Crime in Virginia
Victims'
Rights
The
Victim Services Unit provides the following services to victims of crime:
-
Advocacy on behalf
of crime victims.
-
Notification
of changes in inmate transfers, release date, name change, escape
and capture.
-
Explanation of
parole and probation supervision process.
-
Accompaniment
to parole board appointments when requested by the victim.
-
Provide victims
with ongoing support, crisis intervention, information, and referrals.
-
Training, education,
and public awareness initiatives on behalf of victims of crime.
(Please
note that victims must register with the Victim Services Unit to receive
notification)
Vine
Information and Notification Everyday (VINE)
VINE is a toll-free, 24-hour, anonymous, computer-based
telephone service that provides victims of crime two important features,
information and notification.
Victims
may call VINE from any touch-tone telephone, any time, to check on an
inmate's custody status. For inmate information, call 1-800-467-4943
and follow the prompts.
Victims
may register with VINE for an automated notification call when an inmate
is released, transferred, escapes and to learn of an inmate's parole
status if the inmate is parole eligible.
Virginia
Parole Board
As
a victim of crime, you can address the Parole Board if you have any
concerns regarding the release of an offender. Victims have the option
of voicing their concerns through letters or through an in-person appointment
with the Parole Board.
If
you would like a staff member of the Department of Corrections, Victim
Services Unit to accompany you to the appointment please contact the
Department of Corrections, Victim Services Unit.
For
more information visit
Virginia Department of Corrections.
Resource:
Virginia Department of Corrections
Washington
Rights
Granted to Victims of a Crime in Washington
Rights
Of Victims, Survivors, and Witnesses.
-
There shall be
a reasonable effort made to ensure that victims, survivors of victims,
and witnesses of crimes have the following rights, which apply to
any criminal court and/or juvenile court proceeding:
-
With respect
to victims of violent or sex crimes, to receive, at the time of
reporting the crime to law enforcement officials, a written statement
of the rights of crime victims as provided in this chapter. The
written statement shall include the name, address, and telephone
number of a county or local crime victim/witness program, if such
a crime victim/witness program exists in the county;
-
To be informed
by local law enforcement agencies or the prosecuting attorney of
the final disposition of the case in which the victim, survivor,
or witness is involved;
-
To be notified
by the party who issued the subpoena that a court proceeding to
which they have been subpoenaed will not occur as scheduled, in
order to save the person an unnecessary trip to court;
-
To receive protection
from harm and threats of harm arising out of cooperation with law
enforcement and prosecution efforts, and to be provided with information
as to the level of protection available;
-
To be informed
of the procedure to be followed to apply for and receive any witness
fees to which they are entitled;
-
To be provided,
whenever practical, a secure waiting area during court proceedings
that does not require them to be in close proximity to defendants
and families or friends of defendants;
-
To have any stolen
or other personal property expeditiously returned by law enforcement
agencies or the superior court when no longer needed as evidence.
-
When feasible,
all such property, except weapons, currency, contraband, property
subject to evidentiary analysis, and property of which ownership
is disputed, shall be photographed and returned to the owner within
ten days of being taken;
-
To be provided
with appropriate employer intercession services to ensure that employers
of victims, survivors of victims, and witnesses of crime will cooperate
with the criminal justice process in order to minimize an employee's
loss of pay and other benefits resulting from court appearance;
-
To access to
immediate medical assistance and not to be detained for an unreasonable
length of time by a law enforcement agency before having such assistance
administered. However, an employee of the law enforcement agency
may, if necessary, accompany the person to a medical facility to
question the person about the criminal incident if the questioning
does not hinder the administration of medical assistance;
-
With respect
to victims of violent and sex crimes, to have a crime victim advocate
from a crime victim/witness program, or any other support person
of the victim's choosing, present at any prosecutorial or defense
interviews with the victim, and at any judicial proceedings related
to criminal acts committed against the victim. This subsection applies
if practical and if the presence of the crime victim advocate or
support person does not cause any unnecessary delay in the investigation
or prosecution of the case. The role of the crime victim advocate
is to provide emotional support to the crime victim;
-
With respect
to victims and survivors of victims, to be physically present in
court during trial, or if subpoenaed to testify, to be scheduled
as early as practical in the proceedings in order to be physically
present during trial after testifying and not to be excluded solely
because they have testified;
-
With respect
to victims and survivors of victims, to be informed by the prosecuting
attorney of the date, time, and place of the trial and of the sentencing
hearing for felony convictions upon request by a victim or survivor;
-
To submit a victim
impact statement or report to the court, with the assistance of
the prosecuting attorney if requested, which shall be included in
all presentence reports and permanently included in the files and
records accompanying the offender committed to the custody of a
state agency or institution;
-
With respect
to victims and survivors of victims, to present a statement personally
or by representation, at the sentencing hearing for felony convictions;
-
With respect
to victims and survivors of victims, to entry of an order of restitution
by the court in all felony cases, even when the offender is sentenced
to confinement, unless extraordinary circumstances exist which make
restitution inappropriate in the court's judgment; and
-
With respect
to victims and survivors of victims, to present a statement in person,
via audio or videotape, in writing or by representation at any hearing
conducted regarding an application for pardon or commutation of
sentence.
For
more information visit the
Washington State Legislator web site.
Source:
Washington State Legislator
West Virginia
Rights
Granted to Victims of a Crime in West Virginia
A
crime victim has the following rights:
-
The right to
be treated with fairness and with respect for the victim's dignity
and privacy.
-
The right to
be reasonably protected from the accused offender.
-
The right to
be notified of court proceedings.
-
The right to
be present at all public court proceedings related to the offense,
unless the court determines that testimony by the victim would be
materially affected if the victim heard other testimony at trial.
-
The right to
confer with [1] attorney for the Government in the case.
-
The right to
restitution.
-
The right to
information about the conviction, sentencing, imprisonment, and
release of the offender.
Victims
Of Crime Act Assistance Program (Voca)
VOCA
Funding Criteria
According
to federal guidelines, priority will be given to eligible crime victims
assistance programs providing direct services to victims of:
-
Rape/Sexual Assault
-
Spousal Abuse
-
Child Abuse
-
Previously Underserved
Victims of Violence Crime
For
the West Virginia Victims of Crime Act see the PDF file --
WV Victims of Crime Act
Source:
Victim/Witness Assistance Program in West Virginia
Wisconsin
Rights
Granted to Victims of a Crime in Wisconsin
As
a victim of crime in Wisconsin, you have the following rights:
-
To be informed
of your rights and how to exercise your rights.
-
To information
regarding the offender's release from custody.
-
To be notified
of a decision not to prosecute if an arrest has been made.
-
To speak with
the Assistant Attorney General (AAG), or prosecutor representative
upon your request, about the possible outcome of the case, potential
plea agreements and sentencing options.
-
To attend court
proceedings in the case.
-
To have reasonable
attempts made to notify you of the time, date and place of upcoming
court proceedings, if you so request.
-
To be provided
with a waiting area separate from defense witnesses.
-
To a speedy disposition
of the criminal case.
-
To have your
interest considered when the court is deciding to grant a request
for a delay (continuance).
-
To be notified if charges are dismissed.
-
To be accompanied to court by a
service representative.
This right is
limited to specific types of crimes.
-
To ask for assistance
with your employer if necessary, resulting from court appearances.
-
To request an
order for, and to be given the results of, testing the offender
for sexually transmitted diseases or HIV. This right is limited
to specific types of crimes.
-
To provide a
written or oral victim impact statement concerning the economic,
physical and psychological effect of the crime upon you to be considered
by the court at sentencing.
-
To have the impact
of the crime on you included in a presentence investigation.
-
To be provided
sentencing or dispositional information upon request.
-
To restitution
as allowed by law.
-
To a civil judgment
for unpaid restitution.
-
To compensation
for certain expenses as allowed by law.
-
To have your
property expeditiously returned when it is no longer needed as evidence.
-
To be notified
of the offender's eligibility for parole and to have input into
the parole-making decision.
-
To have the Department
of Corrections make a reasonable attempt to notify you of specific
types of releases, escapes or confinements as provided by law.
-
To have a reasonable
attempt made to notify you of a pardon application to the governor
and to make a written statement regarding the pardon application.
-
To contact the
Department of Justice about any concerns you may have about your
treatment as a crime victim.
-
In order to receive
information you must keep the appropriate agency informed of your
current address and telephone number.
For
more information visit the
Wisconsin Department of Justice web site.
Source:
Wisconsin Department of Justice
Wyoming
Rights
Granted to Victims of a Crime in Wyoming
In
1991, the State of Wyoming enacted the Wyoming Victim Bill of Rights.
This act allows crime victims and witnesses greater access to and participation
in the state's criminal justice system. In responding to its responsibilities
as depicted by the act, the Wyoming Department of Corrections (DOC)
began its Victim Notification Program.
-
The right to
be treated with compassion, respect and sensitivity within the criminal
justice system.
-
The right to
know the whereabouts of the offender and the current status of the
case.
-
The right to
receive restitution from offenders.
-
The right to
know all rights under this law including information about services
and victims assistance at the local level.
-
The right to
know about victim compensation.
-
The right to
reasonable protection and safety and the right to know of legal
recourse if threatened.
-
The right to
prompt return of property.
-
The right to
preservation of employment while participating in the criminal justice
process.
-
The right to
be informed about the opportunity to make a victim impact statement
at sentencing and parole hearings.
-
The right to
be present at trial.
What
Does the Victim Notification Program Do?
The Victim Notification Program has set its mission
to keep victims, key-witnesses, prosecutors, victim/witness coordinators
and advocates informed and involved in the Department of Corrections
while the offender is in the custody of the department.
The
program provides eligible participants, who have participated in the
criminal prosecution of a specific case, written notification of that
offender's status. This notification is only provided about those offenders
who are initially sentenced to and incarcerated in an adult penal institution
that is under the supervision of the DOC.
The
program does not provide notification regarding misdemeanant offenders
sentenced to jail or offenders placed on probation.
What
Information Will be Provided?
The
following is a list of items for which you may receive notification
regarding the offender:
-
Anticipated release
date
-
Institutional
transfers
-
Work release
locations
-
Granting or modification
of parole
-
Escape/recapture
-
Death of an offender
-
Reductions or
extensions of the sentence
-
Release from
the institution
-
Furloughs
-
Application for
pardon
-
Commutation recommendations
-
Appeals
In
addition to the above, those individuals who have been identified as
a victim will be given advanced notice of Board of Parole hearings and
any consideration to be given an offender for community placement by
Adult Community Corrections boards. This is to afford the victim the
opportunity to submit written comments to the appropriate board for
its consideration.
In
the case of Board of Parole hearings only, the victim may appear in
person or submit an audio/video cassette in lieu of providing a written
statement.
For
more information visit
Wyoming Department of Corrections web site.
Source: Wyoming Department of Corrections
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