WHEN THE CRIME IS REPORTED TO LAW ENFORCEMENT
You
have the right to:
· Ask
the law enforcement agency to keep your identity private in reports available
to the public. Information about sexual
assault and child abuse victims is automatically withheld from the public.
· Be
notified of certain crime victim rights by law enforcement.
· Be
provided information on the nearest crime victim assistance program or
resource.
· Apply
for reparations (financial compensation) for non-property losses related to a
violent crime.
· In
cases of violent crime and domestic abuse where an arrest has been made, be
provided notice of the release of the offender along with information on the
release conditions and supervising agency.
· In
homicide cases, be notified of rights and procedures for protecting the
deceased victim’s property.
WHEN THE CASE IS PROSECUTED
You
have the right to:
· Be
notified of the prosecution of the case, the prosecution process, and all of
your rights.
· Apply
for reparations (financial compensation) for non-property losses related to a
violent crime.
· Be
notified of a proposed pretrial diversion referral for certain violent crimes
and provide input.
· Be
notified of a change in the hearing schedule if subpoenaed or asked to testify.
· Request
restitution from the offender if there is a conviction.
· Be
notified of the contents of a proposed plea agreement.
· Ask
the prosecutor to request a speedy trial.
· Be
notified of and attend the plea and sentencing hearings.
· Be
present at court proceedings when the offender is a juvenile.
· Object
to a proposed plea agreement at the plea hearing in writing or orally.
· If
a presentence investigation is conducted, provide information about the impact
of the crime and your position about the proposed disposition.
· Give
a victim impact statement at the sentencing hearing in writing or orally.
· If
a community member, give a community impact statement at the sentencing
hearing.
Certain
rights address your safety, privacy, and protection during the prosecution,
including the right to:
· Be
notified of a bail hearing in cases of violent crime and domestic abuse.
· A
secure waiting area or safeguards against the offender and their supporters in
the courthouse.
· Report
witness tampering and violations of criminal no contact or civil protective
orders.
· Ask
that your home and employment addresses, telephone numbers, and birthdate be
withheld from the offender and in open court.
· Protection
against employer retaliation for you or your family member(s) for taking
reasonable time off to attend hearings or to testify in cases of violent crime.
· In
homicide cases, to request a court order preventing an offender from disposing
of the deceased victim’s property. Laws also prevent the offender from
financially benefitting from the crime.
After an offender is convicted, you have a right to:
· Be
notified of the outcome of the case.
· Be
notified of the release or escape from custody of the offender from jail or
prison or transfer to a lower security facility. The victim must request this
notification.
· Make
a confidential request that the court order an HIV test of the offender in
cases of sexual assault and some violent crimes where there has been exposure
to bodily fluids during commission of the crime.
· Be
notified of an appeal, the right to attend the related hearing, and the result
of that appeal.
· In
felony or violent crime cases, be notified of a proposed modification to the
sentence, the related hearing, and the right to provide input.
· Be
notified of an expungement petition and hearing and the right to make a
statement orally or in writing. The victim must request this notification.
· Be
notified of a petition to civilly commit the offender, the outcome of that
petition, and, if committed, their release or discharge. The victim must
request these notifications.
To
address the financial impact of the crime, you have the right to:
· Apply
for reparations (financial compensation) for non-property losses related to a
violent crime.
· Request
restitution from the offender for out-of-pocket expenses directly related to
the crime if the offender is convicted.
· Ask
the offender’s probation officer to schedule a hearing if the offender fails to
pay restitution.
DOMESTIC
VIOLENCE, SEXUAL ASSAULT, AND STALKING VICTIMS
You have the right to:
· Be
informed by the prosecutor of any decision to decline or dismiss a case along
with information about seeking an order for protection or harassment
restraining order at no cost.
· Terminate
a lease without penalty or payment to escape a violent situation.
· If
a domestic violence victim, get a free copy of the incident report the responding
law enforcement agency is required to write.
· If
a domestic abuse victim, ask that the prosecutor file a criminal complaint.
· If
a sexual assault victim, have a confidential sexual assault exam at no cost and
receive notice of rights and resources from the medical facility.
· If
a sexual assault victim, refuse a polygraph exam without impacting whether the
investigation or prosecution will proceed.