Crime Victims Now Have Constitutional Rights

Proposition 8 and Marsy’s Law

September 19, 2013

A victim’s rights lawyer can explain Proposition 8 and Marsy’s Law and discuss how they affect your case.

Proposition 8

Proposition 8 and Marsy's LawIn 1982, the Victim’s Bill of Rights in California was passed with the approval of Proposition 8. A victim’s rights lawyer can explain to you that Proposition 8 added to the state constitution and impacted other state laws to grant certain rights to crime victims, such as:

•  Notification of sentencing and parole hearings involving the perpetrator
•  Right to attend these hearings
•  Ability to have a some say at these hearings

In addition, a victims right’s attorney can tell you that Proposition 8 also gave crime victims the right to obtain restitution or damages from the person who committed the crime.

Marsy’s Law

Marsy’s Law was passed in 2008 and made some additions to the Victim’s Bill of Rights, as a victims right’s attorney can explain to you.

Restitution. One of the big changes was in regard to restitution. A victims rights lawyer will tell you that Marsy’s Law now made restitution automatic in almost all cases where a victim has suffered some monetary loss.

Attorney’s Fees. Marsy’s Law assured that crime victims did not suffer financially during the criminal justice process. The law gave victims the right to be compensated for costs of hiring a victims rights lawyer to represent their interests.

Notice and Participation. Along with financial benefits, Marsy’s Law also expanded upon Proposition 8 by providing more situations where a crime victim will be notified and have a right to participate in the criminal proceedings of the defendant. A victim’s rights lawyer can tell you that a victim now has the right to attend and state an opinion at almost every public hearing involving the defendant. Crime victims also have greater rights to give express their concerns and wishes with prosecutors and decision makers.

Contact a Victim’s Rights Lawyer

If you are the victim to a crime, you should make sure to work with a victims right’s attorney to help ensure that you are not victimized again. The criminal justice system can be daunting. However, with an experienced victim’s rights lawyer advocating for you, you can have your voice and opinion heard. Contact Michael L. Fell at (949) 585-9055 to learn how we can help you.