Crime victims in Virginia are afforded certain legal rights, including the right to be informed about the progress of their case, the right to be present at court proceedings, and the right to provide input during the sentencing phase. Unfortunately, these rights are not always clearly communicated to victims. That is why victims must have a solid understanding of their rights to ensure active participation and access to the support and resources they are entitled to.
Crime Victim Rights
Virginia’s laws place great importance on the rights of witnesses and crime victims, aiming to protect their privacy, dignity, and respect.
Victim and Witness Protection and Law-Enforcement Contacts
The laws in the state require that witnesses and victims be provided with information about available protection programs to safeguard their well-being from harm or threats due to their collaboration with the police. Moreover, witnesses and victims must have a dedicated waiting area inside the court, which upholds their privacy and shields them from possible intimidation or harassment.
Financial Assistance
Victims of crime have the right to be fully informed about the social services and financial assistance available to them. This includes the option to pursue a compensation claim from the Virginia Victims’ Fund for expenses incurred due to the crime. Additionally, victims of a crime have the legal right to ask for the swift return of any personal belongings that are being held as evidence during the investigation.
Notices
Throughout the criminal justice process, it is important to ensure that victims and witnesses are informed about various aspects. This includes receiving notifications about judicial proceedings, appeal or habeas corpus proceedings, changes in court times and dates, and the release or transfer of prisoners.
Victim Input
Victims of crime have the right to actively participate and provide input at various stages of the criminal justice process. This includes the important opportunity to prepare a written victim impact statement before the sentencing phase, as well as the ability to remain present in the courtroom during proceedings or trials. It is also crucial for victims to be consulted by the Commonwealth Attorney in regards to any plea agreements and for their preferences to be thoroughly taken into account in the decision-making process.
Courtroom Assistance
According to Virginia’s laws, witnesses and victims have privacy rights regarding their personal information, including their email, home address, and cell phone numbers. Furthermore, they are entitled to receive interpreter services if language assistance is required. In specific instances involving sexual offenses, closed-circuit television or closed hearings may be employed to ensure the protection and well-being of the witness or victim.
Post-Trial Assistance
After the trial has concluded, the Commonwealth Attorney is responsible for providing victims with a formal written notification detailing the outcome of the case, including the specific crimes for which the defendant was convicted and information regarding the defendant’s ability to appeal. If the defendant is released on bail, the victim must be promptly and directly notified.
If the case is retried, victims are entitled to maintain the same level of legal rights and support as they would have had if the initial trial had not occurred.
Contact Hollingsworth Law Today
If you have been a victim of a crime, it is important to be aware that you may have rights under both criminal and civil law. This means that in addition to the protections offered by criminal law, you may also have the opportunity to seek financial damages through civil remedies. To explore these options and assess whether you can pursue legal action, we encourage you to reach out to Hollingsworth Law today.