Crime Victims Now Have Constitutional Rights

Victim’s Rights During Bail Proceedings

July 11, 2013

Victims of crimes are entitled to certain rights in California. Unfortunately, these rights are often overlooked or ignored during the criminal process. That’s why you may want to work with a victim’s rights lawyer to help make sure your rights are represented.

A Victim’s Rights Lawyer Discusses Victim Safety During Bail

As a victim’s rights attorney can explain to you, one of the greatest protections that crime victims enjoy is the right to have their safety concerns addressed during bail proceedings.

The protections afforded to crime victims in Marsy’s Law provide that judges must consider the safety of the victim when considering the reduction or denial of bail—the rationale being that if the defendant continues to pose a threat to the victim, a victim’s rights lawyer may argue that the defendant not be released.

Along with victim safety, judges should also consider the following when setting bail:

•  Public safety
•  Seriousness of the alleged crime
•  Whether the defendant has a prior criminal history
•  Flight risk of the defendant and the likelihood he will appear at the next court date

When there is a bail hearing, the crime victim and the victim’s rights attorney should be given notice and have the opportunity to voice their concerns on the subject.

A Victim’s Rights Lawyer Gives an Overview of Marsy’s Law

Victim's Rights During Bail ProceedingsMarsy’s Law provides the Victim’s Bill of Rights in California. A victim’s rights lawyer can explain to you that the law provides many protections in addition to having the victim’s concerns be heard during bail proceedings.

For example, you should contact a victim’s rights lawyer to learn about:

•  Rights to confidentiality
•  Protection from the defendant and the defendant’s associates
•  Rights to refuse deposition, interview, and discovery requests by the defendant
•  Ability to confer with prosecutors on important matters
•  Notice of any major breaks or updates in the case

Contact a Victim’s Rights Attorney

If you have any questions regarding your rights as a crime victim, contact victim’s rights lawyer Michael L. Fell at (949) 585-9055. He will help ensure that your rights are not overlooked during the criminal proceedings.