Victims FAQ
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Q: As a victim, do I have the right to force the District/County Attorney to prosecute the case? A: No. The district or county attorney, as the State's prosecuting agency, has discretion over which cases to file and prosecute. Q: Do victims have the right to disapprove of any plea bargaining offers given to the offender by the District attorney? A: No. The district attorney negotiates any plea bargaining with the offender and the offender's attorney. If it is accepted by the offender, and approved by the judge in the case, the case is concluded. The victim does not have the right to force a full trial by disapproving of a plea bargaining arrangement. However, the victim has a right to be informed of the possibility that a plea may be negotiated, and if one is negotiated, the essentials of the agreement. The prosecutor also is required to explain the reasons for disposing of the case in that manner. Q. Do I have a right to know what is happening with my case, and when court appearances will be held? A. Yes. The victim will be informed of the prosecutor working on the case, and has a right to general status information about the case, and to be informed about upcoming trial dates. The only exception is that the prosecutor will not give the victim information that would damage the prosecution of the case, or the ongoing investigation. At all times, the victim has the duty to keep official agencies informed of a current address so that these agencies can perform their duty of informing victims pursuant to the Victims Bill of Rights. Q. Do I have the right to contact with the law enforcement agency, and know the status of the case? A. Yes. The victim will be provided with the name of the investigating officer, and has the right to know how the investigation is coming, provided that giving out the information will not damage the investigation of the crime. At all times, the victim has the duty to keep official agencies informed of a current address so that these agencies can perform their duties to inform victims. Q. Can law enforcement or prosecutorial agencies keep my belongings taken into custody as evidence? A. Yes. As long as the case is in progress (being investigated, tried, or appealed) property may be retained by the agencies responsible for those activities. However, as soon as the property is no longer needed for those purposes, the prosecutor has a duty to inform law enforcement that the property should be returned to the victim. Q. What if I am threatened by the offender while the investigation or prosecution is underway? A. The victim is entitled to reasonable protection before, during and after the criminal proceedings, at the discretion of the prosecuting attorney or law enforcement personnel. Q. During the trial, do I have an absolute right to be present? A. No. While the Victim Bill of Rights provides for the participation of the victim in person during any hearing and during trial, the law does provide for the practice of sequestering witnesses, including the victim. Sequestering of witnesses is the practice of now allowing participants to discuss the case with anyone and not having witnesses present while other witnesses are testifying. Q. What can I do if I believe that my rights have been violated under the act? A. The victim should complain to the appropriate agency that the agency did not fulfill its obligations under the act. If the agency is not receptive, the victim can also complain to the county commissioner, and if still unsatisfied may take complaints to the public media to draw attention to what the victim believes to be a violation of his/her or her rights under the act.
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