Many of these rights can only be exercised if you choose to do so:
After Reporting a Crime
Within 24 hours after the initial contact with the law enforcement agency that will investigate that crime, that agency shall give to the victim the following information in writing:
- The availability of emergency and medical services, if applicable;
- The availability of victim's compensation benefits and the address of the Crime Victim Services Commission;
- The address and telephone number of the prosecuting attorney whom the victim should contact to obtain information about victim's rights. When you call, ask for the victim assistance coordinator;
- The following statements:
- "If you would like to be notified of an arrest in your case or the release of the person arrested, or both, you should call [law enforcement agency and telephone number] and inform them."
- "If you are not notified of an arrest in your case, you may call this law enforcement agency at [the law enforcement agency's telephone number] for the status of the case."
Once a Defendant is arrested
Not later than 7 days after the defendant’s arraignment for a crime, the Prosecuting Attorney’s Office shall give to the victim the following information in writing:
- A brief statement of the procedural steps in the processing of a criminal case
- A specific list of the rights and procedures that apply to victims
- A convenient means for the victim to notify the Prosecuting Attorney that the victim chooses to exercise their victim’s rights
- Details and eligibility requirements for applying for crime victim compensation
- Suggested procedures if the victim is subjected to threats or intimidation
- The person to contact for further information
You also have the right to:
- Be free from threats or acts of discharge from your employer because you are subpoenaed or requested by the court to testify in court;
- Be provided with a waiting area separate from the defendant, the defendant's relatives and defense witnesses, if practical; and
- Be present during the entire trial unless you are to be called as a witness.
Only Upon Request
To take advantage of the following rights, you must notify the Victim Assistance Coordinator in the local Prosecutor's office by completing and returning the Right's Requested Form. You must also also keep the Victim Advocate informed of your current contact information.
You have the right to:
- Receive notice of any scheduled court proceeding and any changes in that schedule. Register with the Crime Victim Notification Network online or by calling toll-free at 800-770-7657;
- Confer with the Prosecutor prior to the selection of the jury and prior to the trial;
- Receive notice if the defendant escapes custody while awaiting trial;
- Receive written notice of the defendant's conviction;
- Receive notice of the address and telephone number of the probation agent that will be preparing the pre-sentence investigation report;
- Make an oral or written impact statement to the pre-sentence investigator;
- Request restitution for all losses suffered as a direct result of the crime (you will need documentation);
- Be notified of the time and place of sentencing; and
- Make an oral or written impact statement at the time of sentencing in court, or submit a written statement to the judge.
Your Rights After Sentencing
To take advantage of the following rights, you must inform the Sheriff (if the defendant is sentenced to the county jail) or the Department of Corrections (if the defendant was sent to prison or placed on probation) that you want to be notified. You must also keep the Sheriff or Department of Corrections informed of your current contact information.
Only Upon Request
You have the right to:
- Receive within 30 days of your request, notice of the earliest release date of the prisoner from jail or prison;
- Be notified of the transfer or pending transfer of the prisoner to a minimum security facility and the address of the facility;
- Be notified of the release or pending release of the prisoner to a community residential program, extended furlough, or transfer between community residential or electronic monitoring programs, or from a residential program or electronic monitoring program to prison;
- Be promptly notified of an escape by the prisoner;
- Address or submit a written statement to the parole board or to a member of any panel having authority over the prisoner's release on parole. You will be notified at least 30 days before any Parole Board hearing;
- Be notified within 14 days of the decision of the parole review;
- Be notified 90 days before the prisoner's release from prison, if practical;
- Be notified that the prisoner has had his or her name legally changed while on parole or within 2 years of release from parole;
- Be notified of any hearing regarding a reprieve, commutation or pardon requested by the prisoner, and whether or not the reprieve, commutation, or pardon is granted or denied; and
- Be notified that the prisoner has been convicted of a new crime or that the prisoner has been returned to prison for a parole violation.