Crime Victims Now Have Constitutional Rights

Expanding Victims’ Rights

August 15, 2013

The passage of Proposition 9 by California voters in November 2008 led to amendments to the California constitution. Known as Marsy’s Law, it recognizes that not only do defendants have rights, but so too do the victims. A Marsy’s Law attorney in Irvine can explain this law in more detail.

A Victim’s Rights Under Marsy’s Law

Your Marsy’s Law lawyer in Irvine can explain that the language of the constitution now states that “a victim’s right to justice and due process” includes:

Expanding Victims' Rights•  Fair and respectful treatment
•  Protection from physical harm
•  Protection from disclosure of private information
•  The right to refuse and/or set reasonable limits on discovery (e.g., interviews and depositions) requests by defendant’s legal representatives
•  Reasonable notice and access to all public proceedings
•  To be heard, upon request, at all probation hearings
•  To be informed of all sentencing or other disposition results of the case
•  Restitution

A Marsy’s Law lawyer in Irvine Explains the Reality of Marsy’s Law

Yes, the people of California have spoken and the constitution has been amended, but unfortunately, as a Marsy’s Law attorney in Irvine cautions, these rights are not automatically bestowed upon victims. Because of the prosecutor’s desire to convict at any cost, the victim must fight for these rights.

What a Marsy’s Law Attorney in Irvine Can Do for a Victim

Victims may need representation in a number of ways, but an experienced Marsy’s Law lawyer in Irvine can:

•  Present the victim’s position to the prosecutor prior to the filing of charges
•  Ensure that all victims have prior notice of any court proceeding
•  Address the court to explain the victim’s position
•  Ensure that the victim has a voice in any plea bargain agreements

Contact a Marsy’s Law Attorney in Irvine for Legal Counsel

You have been victimized once by the perpetrator of the crime. Do not to let the system victimize you again. To protect your constitutional rights and get the peace of mind you deserve, contact a Marsy’s Law attorney in Irvine today. Call Michael L. Fell at (949) 585-9055 to schedule a free initial consultation.