Crime Victims Now Have Constitutional Rights

Marsy’s Law and Victims’ Bill of Rights As Explained by a Victims Rights Lawyer

December 12, 2013

Marsy's Law and Victims’ Bill of Rights As Explained by a Victims Rights LawyerThe State of California provides many protections and rights to crime victims. A victim’s rights attorney can explain to you that these rights have been codified in the California Constitution and are commonly referred to as the Victims’ Bill of Rights.

The Bill of Rights generally involves the 17 rights discussed below. If you have a question about any of these rights, talk to a victims rights attorney in Orange County:

  1. Fairness and Respect. A basic right for crime victims is to be treated with fairness and respect during the criminal process. This means that your privacy must be respected and that you should be protected from harassment, intimidation, and other abuse.
  2. Safety. Many victims are reluctant to bring a claim due to fear of the defendant. A victims rights attorney can explain how you can be protected from the alleged abuser.
  3. Bail and Release. Courts must consider the interests of the victim when setting bail and releasing the defendant.
  4. Confidentiality. A victims rights attorney can help keep confidential and identifying information private and away from the defendant.
  5. Protection From Defense Counsel. Victims of crimes do not have to submit to interviews, depositions, and other proceedings requested by the defense.
  6. Participate in Prosecution. Victims should have reasonable notice of the major steps in the criminal process.
  7. Notice and Presence at Public Proceedings. Victims may request to be present at certain proceedings including delinquency and parole proceedings.
  8. Expression of Views at Court Proceedings. A victims rights attorney may advocate for your interests at court proceedings involving the defendant.
  9. Speedy Trial. Victims have a right to a speedy trial and prompt conclusion to the case.
  10. Giving Information to Probation Department. The victim may give information to the probation department regarding the impact of the offense.
  11. Pre-Sentence Report. The victim is entitled to this report.
  12. Right to Information. A victims rights attorney can explain that you have the right to be appraised of the major events to occur in the case including arrest, conviction, sentencing, etc.
  13. Restitution. With the help of a victims rights attorney, you may collect damages for any losses you may have suffered due to the crime.
  14. Return of Property. If your property is needed for the trial, you are entitled to its prompt return.
  15. Parole. Victims are entitled to know of all parole procedures.
  16. Parole Release. The victim’s safety must be considered when determining release of the offender.
  17. Knowledge. Victims of abuse must be notified of these rights.

Contact a Victim’s Rights Lawyer

If you need assistance with a victims rights issue, discuss the specifics of your case by contacting victim’s rights lawyer Michael L. Fell at (949) 585-9055.