Victims’ Resources & Rights — Local Help & Lawyer Referrals

Victims’ Resources

NCVLI works to ensure that victims of crime are informed of their rights and can find resources to help them request enforcement of their rights. We provide general information on our website about the rights of crime victims and also provide referral information to other agencies that may be able to provide direct assistance. NCVLI does not provide legal advice to victims, cannot conduct research on individual victim’s cases, and cannot serve as an individual victim’s attorney.

Know Your Rights

NCVLI’s Know Your Rights / Quicktools provide a general overview of victims’ rights. 

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Victim Resources Database

NCVLI’s Victim Resources Database is a tool for victims with links to organizations that provide aid, information, and support directly to victims of crime.

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Victim’s Resources FAQs

Find answers to frequently asked questions regarding Victims’ Resources.

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Victim Resources

Know Your Rights

Unlike defendants’ rights, which nearly everyone in the country can easily recite, very few people know what rights victims have. We are committed to changing this! Clicking the link below will bring you to NCVLI’s Quicktools – a series of short videos about victims’ rights and how to protect those rights. From knowing which rights exist to learning how to exercise them, protecting victims’ rights starts here with our Quicktools!

Victim Resources Database

NCVLI’s Victim Resources Database is a tool for victims with links to organizations that provide aid, information, and support directly to victims of crime. Searchable by crime type or location, the database contains links to valuable national and state programs. Many of these organizations can help victims find local county and city services. In an effort to empower victims, the database provides a clear path to direct help and services such as crisis intervention, emergency housing, financial compensation, counseling, and legal advocacy.

Victims’ Resource FAQs

The legal information contained below does not constitute legal advice and is for general informational purposes only.

What is Crime Victim Compensation?

As is described in detail in NCVLI’s Victim Law Bulletin, November 2011, Compensation is money paid from the government to a crime victim to reimburse the victim for certain losses incurred as a result of a crime.

As is described in detail in NCVLI’s Victim Law Bulletin, November 2011, “Compensation is money paid from the government to a crime victim to reimburse the victim for certain losses incurred as a result of a crime. While victims do not have the right to automatically receive compensation, victims in every state have the right to apply for compensation. This is true because all states receive funds under the Victims of Crime Act that support some form of compensation or reparations program. Recovery of monies from state compensation programs is typically limited: only certain types of losses are compensated; states generally “cap” the amount of compensation available; and victims are required to reimburse the compensation fund from monies received from other sources, such as insurance, civil settlements, or restitution. In general, victims of crime do not have a right to or expectation of full recovery from their state’s compensation fund for the full amount of losses suffered as a result of the crime committed against them. Detailed information about compensation programs nationwide can be found on the National Association of Crime Victim Compensation Boards’ website, http://www.nacvcb.org.”

What if a defendant has mental health problems and/or raises the insanity defense?

When a person charged with a crime has mental health concerns several things can occur.  Two are highlighted here:

When a person charged with a crime has mental health concerns several things can occur. Two are highlighted here. First, the defendant may plead not guilty by reason of insanity. In most states, the defendant must prove insanity by a preponderance of the evidence. In some states, the prosecution must prove the defendant is or was sane beyond a reasonable doubt. In federal court, defendant must prove insanity by clear and convincing evidence. Defendants who are found not guilty by reason of insanity are generally required to undergo psychiatric treatment and are placed in a mental health facility. Unlike defendants who are found guilty, they are not institutionalized for a fixed period, but rather they are held until they are determined to no longer be a threat to the community or themselves. The Psychiatric Security Review Board (PSRB), or a similar body in most jurisdictions, regularly reviews the defendant’s treatment progress and hold hearings on whether the defendant should be released.

Second, in some jurisdictions there may be Guilty but Mentally Ill or a Guilty but Insane verdicts. Persons who receive these verdicts face prison sentences of the same length as a guilty verdict and often have other requirements put on them such as incarceration to the prison’s psychiatric ward and mandatory treatment during parole.

What is the difference between “plea bargaining” and a “plea agreement”?

Plea bargaining is the process where the prosecution and defendant negotiate the terms of a plea agreement. During plea bargaining, the prosecution offers to dismiss or reduce charges against the defendant in exchange for the defendant pleading guilty and waiving his right to a trial. In addition, the prosecution may offer to recommend a particular sentence, or agree not to oppose defendant’s request for a sentence. Some of the factors that the prosecution and defendant each weigh during this process as they each decide whether to proceed to a plea agreement are: 1) the amount and quality of the evidence against the defendant; 2) potential defenses to the charges; 3) the amount of time a trial will take; 4) the amount of time defendant will serve in jail/prison; and 4); the effect of the case on the victim. Plea bargaining ends when the plea agreement is reached.

The “plea agreement” is a contract between the prosecution and defendant that clearly lays out the terms that were reached during the plea bargaining process. At an entry of plea hearing, the defendant will change his/her plea to “guilty” and the plea agreement is presented to the court. Depending on the jurisdiction, this agreement may be binding on the court– a trial judge may be required to accept the terms of the agreement—or the court may have some discretion to: 1) reject the plea agreement; 2) discuss alternatives to the plea agreement that are acceptable to the court; or 3) accept the plea agreement. In some jurisdictions, even where the court accepts the plea agreement, the court has discretion to sentence the defendant to any sentence allowable under the sentencing guidelines regardless of what was recommended in the plea agreement. If the court rejects the plea agreement, the defendant may withdraw the guilty plea.

If a crime is committed against me on Indian lands in which court (state, federal or tribal) will the case proceed?

While Indian tribes – as sovereign nations – have historically had authority over everything on their lands their criminal and civil authority is limited. Congress has removed some of that authority and given it to the federal courts (under the General Crimes Act and the Major Crimes Act) and to some state courts (under Public Law 280).  Determining which court has authority (also known as “jurisdiction”) over a case is a multi-step process.

Step 1:  Determine whether the crime took place on  Indian lands.

Step 2:  Determine whether the  victim and defendant are  “Indians.”

Step 3:  Determine what the particular crime is and whether the crime is a misdemeanor or a felony to determine if  the Major Crimes Act, the General Crimes Act, Public Law 280, and the Indian Civil Rights Act will apply.

 

Despite what is a complex analysis, the following chart generally answers the question:

 What is jurisdiction?

Jurisdiction means the power or authority of a court to rule in a case.  So in a criminal case, jurisdiction is the power of a court to try and punish the accused for violating the law.

Offender/Victim Major Crime  Other Crimes
Indian/Indian Federal & Tribal Tribal
Indian/Non-Indian Federal & Tribal Federal & Tribal
Non-Indian/Indian Federal Federal
Non-Indian/Non-Indian State State
Who is an “Indian” for purposes of determining jurisdiction?

Who is in an Indian for purposes of criminal proceedings arising from crimes committed on Indian lands is not defined by a code or statute, but is rather determined by case and tribal law.  An Indian is usually a person who is enrolled in a federally recognized tribe or who has a certain quantum of Indian blood. The criteria for enrollment is up to the Indian tribe  Indian tribes may record who is an enrolled member in “rolls” or the tribe may have no records of who is a member.  Whether a person is enrolled may not completely determine the person’s status as an Indian, though it is strong evidence that the person is an Indian.  .  Essentially, a person may be legally an Indian if the tribe or the court recognizes that person as an Indian.

The “plea agreement” is a contract between the prosecution and defendant that clearly lays out the terms that were reached during the plea bargaining process. At an entry of plea hearing, the defendant will change his/her plea to “guilty” and the plea agreement is presented to the court. Depending on the jurisdiction, this agreement may be binding on the court– a trial judge may be required to accept the terms of the agreement—or the court may have some discretion to:

1) reject the plea agreement;

2) discuss alternatives to the plea agreement that are acceptable to the court; or

3) accept the plea agreement. In some jurisdictions, even where the court accepts the plea agreement, the court has discretion to sentence the defendant to any sentence allowable under the sentencing guidelines regardless of what was recommended in the plea agreement. If the court rejects the plea agreement, the defendant may withdraw the guilty plea.

How can I find out the custody status of an offender and receive updates on a criminal case?

VINE offers crime victims and other concerned citizens the ability to receive updates on criminal cases, offender custody status, and the option to register to be notified in the event of an offender’s release, transfer or escape. The VINE website provides information on the availability of VINE by state, how to register, and links to training opportunities for using the VINE systems. VINE notifications are available online, by phone, email, text messaging, or TTY device. For further information, please click here.

How do I know what rights exist for crime victims in my state?

Please click here to go to our library and download the document which provides the key victims’ rights laws in your state (or the state where the crime occurred).

What are some common steps of a criminal investigation and prosecution?

Here are some common steps of a criminal investigation and prosecution.

Pre-arrest Investigation: Pre-arrest investigation is the stage of criminal procedure that takes place after a report of suspected criminal activity or law enforcement otherwise becomes aware of such activity, but before an arrest is made. Law enforcement investigates whether a crime has occurred and whether an arrest should be made. If law enforcement determines that the evidence uncovered during pre-arrest investigation reveals that a crime was committed and a suspect is identified, law enforcement may arrest the suspect or, depending upon the jurisdiction, present the investigation results to the prosecuting attorney. If the jurisdiction is one in which the prosecuting attorney becomes involved pre-arrest, the prosecuting attorney generally decides whether and what charges to file; only after such determination does an arrest take place. Alternatively, after an investigation, law enforcement may determine that there is insufficient evidence to pursue the matter, and no arrest is made.

Arrest: An arrest occurs when the individual accused of a crime is taken into custody by law enforcement. Generally, an arrest may be made in two ways: 1) if a law enforcement officer arrives at the scene of the crime and determines that there is probable cause for an arrest, the officer can take a person into custody immediately, or 2) the officer may make an arrest pursuant to an arrest warrant. The requirements for making a proper arrest and obtaining a warrant vary jurisdiction-to-jurisdiction and often depend upon whether the crime at issue is a felony or a misdemeanor.

Initial Appearance: Generally, as soon as practicable following arrest, the accused must be brought before a court. At the initial appearance, the court will inform the accused of the charges and advise the accused of his or her rights to counsel and to remain silent. The defendant may be released at the initial appearance.

Grand Jury: (Not all jurisdictions have grand juries) A felony case is usually commenced by grand jury indictment or a preliminary hearing, which is discussed below. If instituted by a grand jury, the prosecutor goes to the grand jury to ask the grand jury to indict an accused. A grand jury is a group of private citizens who conduct proceedings, generally with the grand jury members sworn to secrecy. The proceedings consist of the prosecutor presenting evidence and providing legal advice to the grand jury. As part of its investigation, the grand jury has the power to compel testimony, including the testimony of a crime victim. After hearing the evidence presented by the prosecution, and through its own investigation, the grand jury votes on whether the case should be indicted or dismissed.

Preliminary Hearing: A felony case may also be commenced by a preliminary hearing held within a reasonable time of the filing of the information. If commenced by a preliminary hearing, the defendant has the right to be present and to be represented by counsel at such hearing. At the hearing, the prosecutor and the defense attorney can each present evidence to establish or challenge whether probable cause exists to believe a felony was committed, and whether it was committed by the defendant. This evidence can include testimony, including that of the victim. Generally, limited discovery is available to the defendant at this stage and, during the presentation of evidence, the defense is generally allowed to cross-examine any of the state’s witnesses, including the victim. If the court finds there is probable cause to believe a felony was committed by the defendant, the defendant is “bound over” for trial. A defendant may be released at this stage. If the court finds there is no probable cause to believe a felony was committed by the defendant, the court must dismiss the case and release the accused.

Arraignment: After charges have been brought, whether by information or grand jury indictment, the defendant is arraigned. At the arraignment, the defendant is formally informed of the charges, given a copy of the indictment or information, and enters a plea responding to the charges. A defendant may enter a plea bargain at the arraignment. Even if a defendant does not enter a plea, the defendant may be released.

Discovery & Motion Practice: Discovery is the pretrial process by which the prosecutor and the defendant exchange information and material about the case. Discovery is an intricate process governed by each jurisdiction’s rules of criminal procedure. It is important to remember that the criminal defendant has no constitutional right to discover information from the victim.

In addition to discovery, and often stemming from discovery, there is usually considerable pretrial motion practice. “Motion” is the name for the papers filed with the court asking it to do something in the case. Motions by the defense may include motions to dismiss the indictment, to suppress evidence, or to introduce specific evidence at trial such as “rape shield” evidence. Motions by the state may include a request for reciprocal disclosure or a request for defendant to disclose alibi or psychiatric evidence. A crime victim’s attorney may also bring motions asserting the victim’s rights. These may include motions to quash a subpoena, to protect a victim’s identifying information, or to preclude the press from certain hearings.

Plea Bargaining & Entry of Plea: Instead of going to trial, a defendant may plead guilty pursuant to a plea agreement. A plea agreement is an agreement that the defendant will plead guilty to the original charge, or to another charge, in return for a concession from the prosecutor. Typical concessions include: 1) dismissal of other charges; 2) recommendation of a particular sentence, or agreement not to oppose defendant’s request for a particular sentence; or 3) recommendation for, or agreement on, another appropriate disposition of the case. After a plea agreement has been reached, the plea is presented to the court, and the court may do one of three things: 1) reject the plea agreement; 2) discuss alternatives to the plea agreement that are acceptable to the court; or 3) accept the plea agreement. If the court rejects the plea agreement, the defendant may withdraw the guilty plea.

Trial: A trial is the proceeding during which evidence is presented and guilt is determined. A trial is held before a jury or, if the defendant waives the right to trial by jury or for certain misdemeanors, before a judge, which is called a bench trial. Generally, a trial proceeds as follows:

Voir dire: Voir dire is the process by which a jury is questioned and selected. In a capital case, voir dire is split into two phases: the death qualification phase and the general voir dire phase.

Guilt Phase: The guilt phase generally begins with the prosecutor’s opening statement. The defense then has the option to make an opening statement or, in some jurisdictions, reserve its opening statement for the beginning of its case-in-chief. The prosecutor presents the state’s direct case after which the defense may move the court to acquit, arguing that there is legally insufficient evidence to convict. If the defense motion is denied, the defense presents its case-in-chief. Following the defense case, the prosecutor and defendant may each present a rebuttal case. The defense may then again move for an acquittal. If the defense motion is denied, closing arguments are presented by each side; the order of these is jurisdiction-specific. Following closing arguments, the case will be submitted to the jury or bench for deliberation and return of a verdict.

Sentencing: Upon a finding of guilt on some, even if not all, counts charged, the formal imposition of the punishment occurs. Depending upon the jurisdiction, the judge or the jury decides the punishment that will be given to the offender. In most jurisdictions, before a sentencing hearing is conducted, a probation officer will prepare a pre-sentence report. Most reports contain a variety of information that may be helpful in imposing sentence: information about the offender’s prior criminal record and about the offender’s characteristics, financial condition, social history, and circumstances affecting behavior. In addition, most jurisdictions now require that these reports contain victim information. Generally, a sentencing hearing cannot occur unless the offender is present, although this requirement may be waived in certain instances. In addition, in most jurisdictions, the victim has the right to be present and give a victim impact statement at the sentencing hearing.

At the sentencing hearing, the court generally has three options. First, the court may impose sentence, which may include imprisonment or some other punishment, such as probation, community service or a treatment program. Second, in many jurisdictions, the court may decide not to sentence the offender, but to instead suspend imposition of sentence and place the offender on probation. Finally, the court may impose sentence, but suspend execution of it and place the offender on probation subject to conditions. After sentence is imposed, the court will enter a judgment of conviction, setting forth the plea, verdict, findings, the adjudication, and the sentence imposed. At this point, the offender may make a motion to set aside the verdict.

Restitution: Restitution is the monetary payment by an offender to the victim to compensate the victim for the financial consequences caused by the commission of the crime. Generally, restitution must be requested at or before sentencing. What a victim receives during the criminal case is usually an order for an amount of restitution and a payment schedule. Once an offender is released from prison and is no longer on probation a victim may have to go to civil court to convert a restitution order into a civil judgment in order to collect additional monies.

Appellate Review by the Defendant or the State: Appellate review is the way you ask a higher court to review what the lower court or a lower actor in the system has done to see if they did it right. There are a number of avenues to seek appellate review in a criminal case but each is specifically set forth in law and some only attach to the defendant or the state, leaving the victim with fewer remedies. The most common appellate review devices are identified here.

  • Interlocutory appeal. This is an appeal of a non-final court decision that may occur anytime before the final judgment.
  • Direct appeal. A direct appeal may be taken after the final judgment has been rendered.
  • Post-conviction relief. A post-conviction motion may be brought by the defendant.
  • Habeas corpus. A defendant may petition for habeas corpus – both under state and federal law.
  • Writ of mandamus. A writ of mandamus is an extraordinary writ that compels performance of a mandatory duty.
  • Writ of prohibition. A writ of prohibition is an extraordinary writ issued by a higher court to a lower court prohibiting that lower court from acting in excess of its jurisdiction.

Probation & Probation Revocation Hearings: Probation is a procedure under which a defendant found guilty of a crime is not imprisoned but instead is released subject to conditions imposed by the court and subject to the supervision of a board of probation or parole, or the jurisdiction’s equivalent. If a defendant is accused of violating the conditions of probation, generally he or she may be arrested and brought to court for a hearing to determine whether there is probable cause to conclude that a violation took place. If probable cause is found, or if the defendant waives the hearing, the defendant is subject to a revocation hearing to have probation revoked and to be re-sentenced.

Parole and Parole Revocation Hearings: Parole is the release of an offender to the community by the court or a probation/parole board prior to the expiration of the offender’s term, subject to conditions imposed by the court or board. In many jurisdictions, offenders are eligible for parole prior to the completion of their entire sentence. Generally, before an offender is released, there is a parole hearing to determine if there is reasonable probability that the offender can be released without detriment to the community. If it is determined that it is proper to release the offender, the offender is released but remains in the legal custody of the department of corrections, or the jurisdiction’s equivalent, and is subject to conditions placed on him or her. If the offender violates any of the conditions imposed, generally the offender may be arrested, incarcerated, and – unless waived – given a preliminary hearing on whether the alleged violation occurred. Following the preliminary hearing, the offender will generally have a full parole revocation hearing at which there is a determination of whether a violation took place and whether to revoke parole.

Compensation: Compensation, sometimes referred to as Reparations, is money paid by the government to victims of crimes to restore all or part of the financial losses the victim suffered as a result of the crime committed against him or her.

The steps involved in the investigation and prosecution of a criminal case vary from jurisdiction-to-jurisdiction. The following information provides an overview of common stages of a criminal investigation and prosecution in adult criminal proceedings. It is important to remember that many of the stages identified here can recur throughout a criminal investigation and prosecution. For instance, in most jurisdictions a defendant may be released at any stage of the criminal prosecution.

How can I learn who has rights as a crime victim?

This is not a simple answer. Often we can see or feel the suffering of others and recognize them as victims. When it comes to the legal definition of “victim” and understanding who is entitled to victims’ rights, our human understanding of victimization is not enough. The term “victim” is a legal term of art, which means that the law defines what “victim” means. The law varies from state to state, between state constitutions and statutes, between the states and the federal criminal justice systems, and often depends upon what right you are seeking. Often this legal definition of victim is totally different than what we would consider a victim to be in our everyday lives.

Determining who qualifies for rights as a legal victim requires reading all of the victims’ rights laws in the state or federal jurisdiction where the case against the offender is being investigated or prosecuted, or where the crime against the victim occurred. (For more information about what some of these laws are please see our Library of Victims’ Rights.)

Examples of the legal definition of “victim” include:

Federal: “[a] person directly and proximately harmed as a result of the commission of a Federal offense or an offense in the District of Columbia. In the case of a crime victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardians of the crime victim or the representatives of the crime victim’s estate, family members, or any other persons appointed as suitable by the court, may assume the crime victim’s rights under this chapter, but in no event shall the defendant be named as such guardian or representative.” 18 U.S.C. § 3771(e).

Arizona: “‘Victim’ means a person against whom the criminal offense has been committed or, if the person is killed or incapacitated, the person’s spouse, parent, child or other lawful representative except if the person is in custody for an offense or is the accused.” Ariz. Const. 2 § 2.1(C).

New Mexico: Only victims of enumerated offenses have rights under the New Mexico Constitution. The constitution provides that the following are persons with rights: “A victim of arson resulting in bodily injury, aggravated arson, aggravated assault, aggravated battery, dangerous use of explosives, negligent use of a deadly weapon, murder, voluntary manslaughter, involuntary manslaughter, kidnapping, criminal sexual penetration, criminal sexual contact of a minor, homicide by vehicle, great bodily injury by vehicle or abandonment or abuse of a child or that victim’s representative…” N.M. Const. II, §24(A).

A victim advocate or victim attorney can usually help you read these provisions and help determine whether you are a victim within the meaning of the law.

How do I find an attorney?

You have legal rights in a criminal case, and whether you choose to represent yourself, retain an attorney to represent your interests, or rely on the prosecuting attorney to assist you is a personal decision. If you decide to retain an attorney, be prepared to interview prospective attorneys to ensure that you’ll find a professional who is a good fit for you—someone with whom you feel comfortable, someone who respects your views, and someone who will be a strong advocate for you. Below are some tips on finding and interviewing an attorney.

You have legal rights in a criminal case, and whether you choose to represent yourself, retain an attorney to represent your interests, or rely on the prosecuting attorney to assist you is a personal decision. If you decide to retain an attorney, be prepared to interview prospective attorneys to ensure that you’ll find a professional who is a good fit for you—someone with whom you feel comfortable, someone who respects your views, and someone who will be a strong advocate for you. Below are some tips on finding and interviewing an attorney.

How do I find an attorney?
Ask friends or family for a referral.
VictimConnect is a national online and telephonic and online chat hotline for victims of crime that exists to connect victims to resources they need. You can contact VictimConnect through their website http://victimconnect.org, or by telephone 1–855-4VICTIM (1-855-484-2846) or by online chat

Ask the prosecutor or prosecution-based victim advocate. Prosecutors and prosecution-based victim advocates regularly work with attorneys who represent victims. They may be able to refer you to a victims’ rights attorney.
Ask your local bar association. Attorneys are licensed by the bar association in each state in which they practice. You can contact the local bar association for a referral to an attorney who specializes in victims’ rights. You can also ask the bar association if there have been any complaints filed against that attorney.

NCVLI’s Alliance of Victims’ Rights Attorneys and Advocates (NAVRA) are persons committed to helping victims assert and seek enforcement of their rights in connection with active criminal court cases. Information about NAVRA can be found at www.navra.org.

What do I do after I find a potential attorney?
You may want to find two or three potential attorneys for an initial consultation and interview. Once you have a list, call each attorney’s office and set up an appointment. Some attorneys charge for consultations; others do not. Ask whether you will be charged for the initial consultation before you schedule the appointment.

The rules that govern attorneys may require the attorney to keep confidential any information you give them during the initial consultation. Ask whether the information you give will be kept confidential.

What should I ask an attorney during the interview?
The decision to enter into an attorney-client relationship is made by both you and the attorney. During your initial consultation, the attorney will have questions for you, and you should also have questions for him/her. Below are the top 10 questions you should ask an attorney before you retain him/her to represent your rights as a crime victim in a criminal case. Refer to NCVLI’s detailed list for additional questions; it can be found at www.ncvli.org. You may also have further questions that are tailored to the particular situation in your case.

Experience.

1. Have you received any specialized training on crime victims’ rights law?
2. Have you ever represented a crime victim in a criminal case?
a. If yes, how many times? Have you ever helped a victim secure restitution from the convicted defendant?
b. If no, are you willing to seek and accept help (such as sample briefs, articles, and consultations) from crime victims’ rights organizations or other experienced crime victims’ rights attorneys?

Billing.

1. How do charge for your services? By the hour or flat fee for the entire case?
a. Can you estimate how much I should expect to pay for this case?
2. If I recover money in restitution, does that impact your fee?
3. Do you charge a higher rate for certain services, such as appearing in court?
4. What other case-related expenses should I expect to pay?
a. These expenses may include fees for filing court documents, costs of obtaining copies of your medical or other personal records, postage, and travel expenses. Some attorneys will charge a fee/rate that may include these expenses while others expect reimbursement from the client.
b. Can you give me an idea of how much I should expect to pay for these expenses?

Communication.

1. How will we stay in touch while the criminal case is pending?
a. What is the best way to reach you (letter, phone, or email)?
b. Is there someone else in your office I can speak to if you are unavailable or out of the office?
2. Should I expect to receive anything from or be contacted directly by the prosecutor, defense attorney, an investigator or anyone else?
a. What should I do if one of them contacts me?

Next steps.

1. If I decide to hire you, what is our next step?

What is “sentencing”?

Upon a finding of guilt (either through a plea agreement or at trial) on some, even if not all, counts charged, the formal imposition of the punishment occurs at a hear. This is sentencing. Depending upon the jurisdiction, the judge or the jury decides the punishment that will be given to the offender. In most jurisdictions, before a sentencing hearing is conducted, a parole or probation officer will prepare a presentence report (PSR). Most reports contain a variety of information that help inform the judge or jury on the proper sentence to impose. Among this information is: 1) information about the offender’s prior criminal record; 2) information about the offender’s characteristics, financial condition, social history, and circumstances affecting behavior; and 3) information about the victim, including the impact of the crime on the victim.
 
Importantly, no matter what is in the PSR, a court can only impose a sentence that is authorized by statute. Sentencing statutes generally provide a maximum and minimum sentence that a court can impose. In determining the appropriate sentence within that range, a court considers mitigating and aggravating factors. Aggravating factors are any relevant circumstances that makes the harshest penalty appropriate. Mitigating factors are conditions or happenings which do not excuse or justify criminal conduct, but are considered out of mercy or fairness to reduce the severity of the punishment.

In addition, some jurisdictions have sentencing guidelines. Sentencing guidelines are a type of formula for calculating what the proper sentence is for a particular crime and a particular defendant. Guidelines generally use a variety of factors, primary among these: 1) the severity of the conduct of the convicted offense; and 2) and the defendant’s criminal history. From this calculation the court is given a range of possible sentences. In some jurisdictions, such as the federal system, sentencing guidelines are merely advisory, meaning that a court is not required to follow them.

Generally, a sentencing cannot occur unless the offender is present, although this requirement may be waived in certain instances. In addition, in most jurisdictions, the victim has the right to be present and give a victim impact statement at the sentencing. punishment. Examples of mitigating factors are: defendant’s disadvantaged childhood, defendant suffers from mental health problems, and the defendant’s good behavior in jail.

At the sentencing hearing, the court generally has three options. First, the court may impose sentence, which may include imprisonment or some other punishment, such as probation, community service or a treatment program. Second, in many jurisdictions, the court may decide not to sentence the offender, but to instead suspend imposition of sentence and place the offender on probation. Finally, the court may impose sentence, but suspend execution of it and place the offender on probation subject to conditions.

Where can I find resources for victims of online fraud and identity theft?

How do I find legal services to help me with my non-criminal case needs such as housing, employment, etc.?

NCVLI’s Victim Resources Database provides information and links for a variety of resources, including civil legal services.  Click here to access the map.

How can I get financial help to cover costs that I had to pay that were caused by the crime?

Crime victim compensation is money paid by the government to assist victims of crime for many of their un-reimbursed out-of-pocket costs resulting from the commission of a violent crime. Compensation is different from restitution, which is money from the offender that a court may order a defendant to pay at the end of a criminal trial if defendant is found guilty of the crime.

Every state in the country offers crime victim compensation benefits. Each state has its own eligibility requirements.

Some of the most common requirements for eligibility are that a victim must:

Promptly report the crime to law enforcement;

Cooperate in the investigation and prosecution of the crime;

Be innocent of any of the criminal activity or misconduct that led to the injury or death; and

File a timely application with the compensation program in the state where the crime occurred.

Examples of expenses that may be covered include:

Medical and hospital care, and dental work to repair injury to teeth;

Mental health counseling;

Lost earnings due to crime-related injuries;

Loss of support for dependents of a deceased victim; and/or

Funeral and burial expenses.

For more information about crime victim compensation, and to find the contact information for you state crime victim compensation board, please visit NCVLI’s Victim Resources Database.

How can I better understand the words used by the prosecutor, judge or defense attorney as they talk about the investigation and prosecution of crime?

For a glossary of some of the most common terms used in the criminal justice system click here.

The vocabulary of the criminal justice system can be overwhelming. As is true of all professions, whether it be medicine, mechanics, plumbing, or astronomy, the legal profession has developed its own unique vocabulary that attorneys and judges are very familiar with. For the rest of us, however, translation is often needed. 

What are the differences between the civil and criminal justice system?

There are a number of differences between the civil and criminal justice systems; some of the critical ones are identified here:

Criminal Justice System: In the criminal justice system, the crime victim reports a crime to law enforcement who may investigate. If an arrest is made following an investigation, and there is sufficient evidence to go forward, a prosecutor files charges against defendant and pursues prosecution. The act that caused the harm is known as a “crime” in the criminal justice system. Today the criminal justice system perceives crime to be committed against the state. This perception explains a lot about why the system works as it does. In the criminal case, the prosecutor is the attorney for all of the people of the state/jurisdiction, and does not act on behalf of the individual victim. The prosecutor controls all key decisions of the case, including whether to charge a defendant with a crime and what crime to charge, and whether to offer or accept a plea deal or go to trial. The penalties imposed if the defendant is found guilty can include incarceration/imprisonment, fines and forfeitures, probation, community services, and sometimes restitution to the individual victim. The burden of proof in criminal matters is “beyond a reasonable doubt,” which is much more difficult to achieve than the “preponderance of evidence” standard used in most civil cases.

Civil Justice System: Regardless of whether a criminal prosecution was undertaken, or whether defendant was found not guilty, crime victims may still be able to seek justice by filing a civil lawsuit against the person or persons the victim believes caused the victim harm. The civil justice system does not determine an offender’s guilt or innocence, but works to determine whether the offender is liable for the harm caused to the victim. In pursuing the civil lawsuit, the victim, who usually hires a private attorney, controls all of the key decisions of the case, including whether to accept a settlement offer or go to trial. The act that caused the harm is known as a “tort” in the civil justice system. In the civil case, the victim is seeking to be compensated (usually with money) for the damages that he or she suffered as a result of defendant’s tort. The amount of evidence needed to win in most civil cases (or what is known as the burden of proof) is a “preponderance of evidence.” This burden of proof essentially means that one side’s evidence must be more persuasive than the other; this is far lower than the burden necessary in a criminal case. Statutes, known as “statutes of limitation,” set time limits on how long you have to file a civil suit following the harm you suffer. These time limits vary from state to state. If a lawsuit is filed after expiration of the statute of limitations it will be dismissed as time-barred.

How can I learn about some common victims’ rights?

Victims’ rights in the criminal justice system vary from state to state and between the states and the federal criminal justice systems. To know what your rights are:

You should read the victims’ rights laws in the state or federal jurisdiction where the case against your offender is being investigated or prosecuted, or where the crime against you occurred. (For more information about what some of these laws are please see our Victim Law Library.)

To be a person with legal rights you must fit the legal definition of who is a “victim” under those laws. (For more information about legal definitions of victim see our Definition of “Victim” FAQ.

Legal rights you obtained by meeting the definition of victim may only be enforceable at particular moments in the criminal proceedings. For example, the right to make a victim impact statement exists at the sentencing phase of the trial, so prior to sentencing you would not be able to make an impact statement even though you have this right and fit the definition of victim. There may be things you can do before sentencing, however, to best protect this right.

A victim advocate or victim attorney can usually help you work through these questions and help you understand your rights.

While the rights of crime victims vary from place to place there are rights that are common to most jurisdictions.

Those rights are:

  • The right to reasonable protection from the accused and those acting on behalf of the accused.
  • The right to reasonable, accurate and timely notice of public court proceedings.
  • The right to be present at public court proceedings that defendant has the right to attend.
  • The right to be heard at any public proceeding, usually including proceedings involving\ release, pleas, sentencing or parole.
  • The right to confer with the prosecution.
  • The right to full and timely restitution. (Restitution is payment of monies from the offender to the victim to compensate for losses incurred from the crime).
  • The right to proceedings free from unreasonable delay. (This right is often also phrased as the right to a speedy disposition).
  • The right to be treated with fairness and with dignity and respect for one’s privacy.
  • The right to a copy of the presentence report or transcripts.
  • The right to information about the criminal justice process and your rights, and the right to referrals.
  • The right to apply for victim compensation. (Victim compensation is money paid from the government to a victim, usually to cover certain out of pocket costs incurred as a result of the crime. For more information on compensation contact the National Association of Crime Victim Compensation Boards http://www.nacvcb.org
  • The right to standing (which is the right to independently stand up in court and assert your rights) and remedies (which is the ability to have redress when your rights are not afforded).