What is My Right as a Crime Victim?
The Rights of Crime Victims
Victims of crimes have a variety of rights protected by the state and federal law. These rights vary by state, however most victims of crime can depend on many of the following rights:
Right to a Criminal Complaint
Crime victims cannot personally charge individuals with crimes because only the government may bring criminal charges. Crime victims, however, do generally have the right to notify the government that a crime has been committed and to request that criminal charges are made. To report a crime, call the police. However, if you think the police might consider you to be a suspect, you should consult a lawyer first.
Right to Participate in the Criminal Process
Crime victims may have the right to participate in various parts of the prosecution of the defendant as long as such involvement does not infringe upon the constitutional rights of the accused. For example, crime victims generally have the right to be notified of proceedings, to be present during the trial, to testify and to be heard at sentencing. Crime victims may also have the right to be consulted before a case is dismissed or before the government enters a plea agreement with the defendant. In many states, victims also have the right to be notified about the status of the defendant, including the defendant's prison transfer, release or escape.
Right to Be Treated Fairly
Most states recognize the victim's right to be treated with fairness, compassion, and respect throughout the judicial process. Some states also extend the victim the right to be reasonably protected from the accused.
Right to Restitution
Crime victims generally have the right to restitution from those who have caused them harm. Restitution requires that a convicted criminal repay the victim for the damages they caused. The court will determine and control restitution case by case, depending on the facts and the situations of the victim and criminal. |
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