Criminal

Who is a Victim?
You are considered a victim if the offense committed against you is a felony, or a misdemeanor.

Rights of a Victim
To be treated with fairness, respect, and dignity, and to be free from intimidation, harassment or abuse throughout the criminal justice process.
To be informed, upon request, when the accused or convicted person is released from custody or escapes.
To be present at and, upon request, to be informed of all criminal proceeding when the defendant has the right to be present.
To be heard at any proceeding involving a post-arrest release decision, a negotiated plea, and sentencing.
To refuse an interview, deposition, or other discovery request by the defendant.
To confer with the prosecution after the trial or before any disposition of the case and to be informed on the disposition.
To read presentence reports relating to the crime against the victim when they are available to the defendant.
To receive prompt restitution from the persons convicted of the criminal conduct which caused the victim's loss or injury.
To be heard at any proceeding when the post conviction release from confinement is being considered.
To have all rules governing criminal procedures and the admissibility of evidence in all criminal proceeding.
To be informed of victim's constitutional rights.

Orders of Protection
If you are the victim of domestic violence, you may seek an Order of Protection. Orders of Protection prohibit spouses, persons living together, and close relatives from harming each other. Injunction Prohibiting Harassment can be obtained when the relationship is not covered under domestic violence law and when there is a series of harassing acts.
Orders and Injunctions can be filed by any adult without a lawyer in a Justice of the Peace Court or City Court. If you are in the process of a legal separation or dissolution of marriage, or if the Order or Injunction is filed on behalf of, or against a juvenile, you may have to apply to the Clerk of the Superior Court for and Order of Protection. You will be asked to fill out a petition stating why you want the Court to grant the Order or Injunction.

When a Suspect is Arrested
The law enforcement officer will indicate on the Victims' Rights/Waiver Form the status of the suspect to assist you in exercising your rights immediately following the arrest of a suspect; however, you must act quickly.
If the suspect is an adult and has been arrested, you can exercise certain rights by contacting the court prior to the Initial Appearance. You can also exercise your right to be informed of the suspect's release by contacting the custodial agency.
If the suspect is a juvenile and has been detained, you can obtain detention hearing information and exercise certain rights by contacting the juvenile probation department. You can also exercise your right to be informed of the juvenile suspect's release by contacting the juvenile detention center.
If an adult or juvenile suspect is cited and released, or a juvenile suspect is referred to the Juvenile Court but not detained, you can exercise certain rights by contacting the court prior to the date and time that the suspect must appear.
If the arrest of a suspect is not immediate and you are not notified of an arrest within 30 days, you can call the law enforcement agency to obtain case status information.