Rights of Victims

It happens every day in California: regular people become victimized and subjected to the criminal justice system. Navigating the criminal justice system as a victim can be confusing, overwhelming, and terrifying. Crime victims rarely hire a lawyer. This is because many victims of crimes believe the district attorney prosecuting their case represents their interest. This is a slight misconception. The district attorney represents the government, which in turn advocates for the people of California. That does not necessarily mean the state and district attorney are advocating your individual interests.

As a victim of a crime, it is imperative to hire a crime victim’s attorney to assist you in navigating the criminal justice system. It is important for the victims of crimes and their loved ones to know that there are certain rights enshrined by the California Constitution. The purpose of these rights is to preserve and protect the right of crime victims to make sure that justice is met and that crime victims have a meaningful role in California’s criminal justice system.  Too often prosecuting attorneys and defense attorneys take advantage of crime victims to advance the attorney’s interests. Having a crime victim’s attorney will ensure that your interests are advanced in the manner you seek fit.

Let Go Legal offers representation to crime victims in order to overcome the debilitating effects that come with interacting with the criminal justice system. We ensure that you have input in the prosecution of the perpetrator and make it our goal to get you compensated for any harm you suffered as a result of being the victim of a crime. As a crime victim, you don’t have to wait on the criminal justice system to obtain the compensation and closure you need—our civil justice system exists to empower victims and we can seek your closure and compensation by that route. The choice is rightfully yours, not anyone else’s.

We handle crime victim claims on a contingency fee basis, which means you don’t have to pay us any money to help with the case out of pocket—it costs you exactly nothing to hire a crime victim attorney. We only get paid if you recover compensation in the case. Otherwise, we waive all fees and costs.

Take advantage of a free consultation with Let Go Legal. We will answer your questions and help put you on the path of moving forward.

 

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To be treated with fairness and respect for his or her privacy and dignity, and to be free from intimidation, harassment, and abuse, throughout the criminal or juvenile justice process.

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To be reasonably protected from the defendant and persons acting on behalf of the defendant.

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To have the safety of the victim and the victim’s family considered in fixing the amount of bail and release conditions for the defendant.

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To prevent the disclosure of confidential information or records to the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, which could be used to locate or harass the victim or the victim’s family or which disclose confidential communications made in the course of medical or counseling treatment, or which are otherwise privileged or confidential by law.

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To refuse an interview, deposition, or discovery request by the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any such interview to which the victim consents.

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To reasonable notice of and to reasonably confer with the prosecuting agency, upon request, regarding, the arrest of the defendant if known by the prosecutor, the charges filed, the determination whether to extradite the defendant, and, upon request, to be notified of and informed before any pretrial disposition of the case.

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To reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present and of all parole or other post-conviction release proceedings, and to be present at all such proceedings.

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To be heard, upon request, at any proceeding, including any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue.

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To a speedy trial and a prompt and final conclusion of the case and any related post-judgment proceedings.

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To provide information to a probation department official conducting a pre-sentence investigation concerning the impact of the offense on the victim and the victim’s family and any sentencing recommendations before the sentencing of the defendant.

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To receive, upon request, the pre-sentence report when available to the defendant, except for those portions made confidential by law.

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Restitution

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To the prompt return of property when no longer needed as evidence.

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To be informed of all parole procedures, to participate in the parole process, to provide information to the parole authority to be considered before the parole of the offender, and to be notified, upon request, of the parole or other release of the offender.

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To have the safety of the victim, the victim’s family, and the general public considered before any parole or other post-judgment release decision is made.

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To be informed of the rights explained above.

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