ORANGE COUNTY DISTRICT ATTORNEY'S OFFICE
John D. Kimbrough
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[General Information] [Staff] [Hot Checks] [Most Wanted] Victims Assistance When you are the victim of a crime, your initial reaction is likely to be emotional and charged with tension. If the person responsible for the crime can be identified, the criminal justice system, which can be bewildering, becomes involved. Victims can be left feeling that they have totally lost control of what is happening to them. The criminal justice system historically has been designed to guard the rights of the defendant. Today, positive steps are being taken to protect the rights and dignity of the person who did not ask and did not deserve to be involved with the system in the first place--the victim. This page outlines your rights as a victim of a crime and provides a general explanation of how a case proceeds through the system.
If you are the victim of sexual assault, kidnapping or aggravated robbery, or if you have suffered bodily injury as the result of another's crime, or if you are the close relative or guardian of a deceased victim, you have the right: 1. To be protected from harm or threats; 2. To be informed about the defendant's right to bail and to have your safety considered in the setting of bail; 3. To be informed about court proceedings, if you so request; 4. To be informed about stages in the criminal justice system in general, including criminal investigations, trials, plea bargaining, appeals and parole; 5. To provide information to the probation department concerning the impact of the crime for inclusion in the presentence investigation report to the judge, and to complete a Victim Impact Statement; 6. To receive information regarding compensation to crime victims under the Crime Victim's Compensation Act, payment for a medical examination for a victim of sexual assault, and referral to available social service agencies that may offer additional assistance; 7. To be notified, if you so request, of any parole proceedings regarding the defendant and the right to participate in those proceedings; 8. To have a waiting area in the courthouse separate from the defendant and his or her family and witnesses, or if a separate area is not possible, to have safeguards to insure minimal contact; 9. To prompt return of property held by law enforcement or the attorney for the state after the property is no longer needed as evidence; 10. To have the attorney for the state notify your employer if you must be absent from work in order to be in court or to otherwise cooperate in the case; 11. To counseling and testing for AIDS and HIV related infections, if the crime was sexual in nature; 12. To be present at all public proceedings subject to the approval of the judge; and 13. To privacy- as far as is reasonably practical, the address of the victim may not be part of the court file except as necessary to identify the place of the crime. The phone number of the victim may not be a part of the court file. Stages in the Criminal Justice System This is a general outline of how a criminal case proceeds. Since each case is different, please discuss the details of your case with the attorney for the state. 1. The investigation of the crime. Your local police or sheriff's department will normally investigate your case. If there is not enough evidence against a specific individual, the case may be closed. 2. Review of the case by the attorney for the state. Generally, once the investigation is completed the police will present the case to the District Attorney to determine if there is enough evidence to charge the suspect with an offense, and if so, what type of offense. The attorney's duty is to review the case and determine if there is enough evidence to proceed to court, and to look for possible legal problems that may affect the case. The attorney may also request additional investigation or information. The police or the attorney for the state may contact you as they analyze the evidence. If there is enough evidence, and the law supports a criminal case, the suspect may be charged with a crime by a legal document called an "information" or by an "indictment" these terms are discussed below. Once someone has been charged with a crime, they are generally called a "defendant". 3. The complaint A complaint is an affidavit that charges a person with a crime. It must be sworn to by someone with knowledge of the crime. You might be asked to swear to a complaint as part of the investigation process, and that complaint is generally necessary to get an arrest warrant for the suspect. 4. The arrest warrant If the defendant is not already in jail, the judge may review the complaint and issue a warrant for the arrest of the defendant. 5. When the defendant is arrested. When a defendant is arrested and taken before a judge, the judge will inform the defendant of the charges, what the defendant's rights are, and at what amount bond will be set. 6. The defendant's bond. In almost all cases, the defendant will be entitled to have a bond set. The amount of the bond is determined by the judge. The primary purpose of the bond is to assure that the defendant shows up in court when required. However, the judge may also take into consideration the seriousness of the offense, the defendant's ability to make the bond, the safety of the victim, and the safety of the witnesses. The bond may not be set so high as to punish defendants by keeping them in jail before the trail. 7. The indictment or information. In most felony cases, the legal document that sets out exactly what the defendant is charged with is called an "indictment" It is returned by a grand jury. In misdemeanor cases, the charging document is called an "information", and it is prepared by the attorney for the state. 8. The grand jury. The grand jury simply determines if there is enough evidence to proceed to trial with the case- it does not conduct a full trial. If there is not enough evidence to proceed, the grand jury will return a "no bill". If there is enough evidence, the grand jury will return an "indictment". You and other witnesses may be called to testify before the grand jury; however, grand juries often make decisions without live testimony. The proceedings before the grand jury are not open to the public, and the grand jury's deliberations are secret. 9. Pretrial court settings. Once a case goes to court, it may appear a number of times on the court's docket before it is set for trial. It is often set for the defendant to enter a plea of guilty or not guilty, and may be set for various pretrial motions. Often the defendant will file pretrial motions to "discover" the evidence held by the police and the attorney for the state, and may file other motions to "suppress" evidence that the defendant claims should not be used at trial. The court may require hearings on these motions, and you may be required to testify at some of these hearings. 10. The trial. At the trial of your case, the attorney for the state is required to prove "beyond a reasonable doubt" that the defendant committed the crime charged. The trial may be in front of a jury or a judge. The attorney for the state will call witnesses to testify about the crime, and you may be called to testify. Once the attorney for the state puts on all of the state's witnesses, the defendant may put on witnesses. However, the defendant does not have to put on any witnesses, and the defendant has the constitutional right to remain silent. After all testimony has been heard, the jury or the judge must decide if the state proved it's case beyond a reasonable doubt- if the defendant is "guilty" or "not guilty". 11. The punishment stage of the trial. If the defendant is found guilty, then the judge or jury must set punishment. Both sides once again will be allowed to offer evidence on what the proper punishment should be. The punishment range is different for different crimes. Generally, misdemeanor crimes are punishable by time in the county jail and/or a fine, and felony crimes are punishable by time in the state prison/state jail and/or a fine. In addition, a defendant may be eligible to be released on probation without going to jail or prison. The attorney for the state can tell you what the punishment range is in your case. 12. Appeals. Every convicted defendant has the right to appeal his or her case to an appellate court. Generally, the defendant appeals on the grounds that some error occurred at the trial that requires a reversal of the conviction. It is not uncommon for these appeals to take years. During the time when the appeal is pending, the defendant is entitled to a bond if the sentence was 15 years or less. If the case is reversed, the court of appeals may order a new trial. The law in this area can be very complicated. If your case is appealed, please speak with the attorney representing the state for more information. 13. Parole. Every defendant who is sentenced to a term in prison will, at some time, become eligible for release before serving all of the sentence. As with appeals, this area of the law is very complicated. Generally, the law provides that a person convicted of a more serious crime will spend a greater portion of his or her sentence in prison. In addition, you have the right to participate in any parole proceeding involving the defendant in your case, including appearing in person before a member of the parole board. If you want to be involved in those proceedings, fill in a Victim Impact Statement or notify the victim services office for parole directly at (800) 848-4284. This office will also need to know any change in your address.
1. What if someone threatens me? If you are threatened or harassed, report it to the police or the attorney for the state immediately. Such threats or harassment may be a crime that itself can be prosecuted, and steps can be taken to prevent further problems. As far as reasonably practical, the address of the victim may not be a part of the court file, except as necessary to identify the place of the crime. The victim's phone number is not to be a part of the file. 2. What if the defense attorney contacts me? In representing a client, a defense attorney may contact you and want to talk to you about the case. Keep in mind that you do not have to talk to anyone about the crime, including the attorney for the state or the defense attorney. If you wish, you may simply ask the defense attorney to speak with the attorney for the state regarding the case. If you do wish to speak with the defense attorney, you may request that the attorney for the state be present. 3. Does the judge appoint investigators? Often an investigator will contact the victim and tell the victim that he or she has been appointed by the judge or the court to investigate the case. In almost all of these instances that investigator, although appointed by the judge, is working for the defense attorney. Just as with any other person, you do not have to speak with an investigator if you do not wish. If you have any doubts about someone who claims to be a court appointed investigator, feel free to contact the attorney for the state before speaking with that person. In most cases the attorney for the state will recommend a certain punishment to the defendant in exchange for a plea of guilty or no contest. If the defendant agrees, this is considered a "plea bargain agreement". In practice, most criminal cases are resolved with a plea bargain agreement. You should speak to the attorney for the state handling your case concerning any potential plea bargains in your case. 5. Why was the case reset before going to trial? Many times a number of cases are set for trial on the same day. Obviously, not all of them can be tried. However, courts often set more that one case for trial on the same day because some cases are plea bargained, some witnesses may be missing in one case, someone is sick in another case, etc. In addition, courts will often give priority to trials of defendants who are in jail. If the defendant in your case is out on bond, your case may be at the "back of the line". Therefore, your case may not go to trial on the first trial setting, or on a number of settings thereafter. As far as it is reasonably practical, it is the responsibility of the attorney for the state to contact you if the case is reset, but one quick phone call on your part on the day of the setting could save you a lot of frustration and prevent a waste of time. 6. Why do I have to be outside the courtroom during the trial? Under Texas law, witnesses who are going to testify in a case generally must remain outside of the courtroom during the trial so that they do not hear any of the other testimony. Depending on the circumstances, however, the victim may be allowed to remain in the courtroom during the trial. 7. What happens if I change my mind and decide not to prosecute? The whole community has a stake in prosecuting wrongdoers. The complaint is now the state's case, and it is not in your power to drop charges. However, if you are experiencing anxiety about testifying, please discuss your concerns with the victim assistance coordinator or the prosecuting attorney. They can help you deal with questions about your case. 8. Can I be compensated for my loss? In many instances, you may be compensated for injuries you have suffered as a victim. One way you can be compensated is through restitution by the defendant. As a condition of probation, a defendant may be required to reimburse you for expenses that you incurred as a result of the crime. This restitution may also be ordered as a condition of parole, to start when the defendant is released from prison. If you were the victim of a sexual assault and underwent a medical examination as a result of that assault, the law enforcement agency requesting the exam will pay the expense. In addition, you may be eligible for help under the Crime Victim' Compensation Act. 9. What is the Crime Victims' Compensation Act? The Crime Victims' Compensation Act was passed to assist victims and their families with certain out-of-pocket expenses related to crime. Victims of crimes involving physical injury, emotional harm, or death may qualify for financial assistance with expenses such as medical bills, counseling, burial and funerals, and loss of earnings or support. Total claims may not exceed $50,000, unless the victim suffered total and permanent disability. Property loss is not a reimbursable expense. The victim or claimant must cooperate with the prosecution of the case. Your victim assistance coordinator can provide you with an application and assistance in completing the form if you need it. 10. What is a "Victim Impact Statement"? A Victim Impact Statement is a document that victims and their families can use to record the impact the crime has had on them. The Victim Impact Statement is not a public document. It may be viewed only by the probation officer, the judge prior to sentencing, and the parole officials prior to the parole decision. The defendant and the defendant's attorney may also see it before sentencing. The sheet with your address is deleted before being sent to the court. The statement lets you request notification of any parole proceedings regarding the defendant and provides a place to list contact information that may be needed later. The crime victim coordinator is there to help you with the criminal justice process and can assist you with contacting other service organizations.
1. What is Crime Victims' Compensation? The Texas Crime Victims' Compensation Fund assists victims of crime. Money in the fund comes from court costs paid by criminals. The program is a division of the Attorney General's Office. The program reimburses innocent victims of violent crime for some out-of-pocket expenses they suffer as a result of the crime. (Top) (Home) (Index) (Crime Victim Compensation) 2. To be eligible a person must: a. Be a United States resident with the crime occurring in Texas or a Texas resident who becomes a victim in a state or country without a compensation program-United States citizenship is not required. b. Report the crime to a law enforcement agency within a reasonable period of time, but not so late as to interfere with or hamper the investigation and prosecution of the crime. c. File the application within three years of the date of the crime (Top) (Home) (Index) (Crime Victim Compensation) a. An innocent victim of crime who suffers a substantial threat of physical and/or emotional harm or death. b. A dependent of a victim c. An authorized individual acting on behalf of a victim d. An intervenor who goes to the aid of the victim or peace officer c. A person who legally assumes the obligations or voluntarily pays certain expenses related to the crime on behalf of the victim e. Immediate family or household members related by blood or marriage who require counseling as a result of the crime f. A peace officer, fire fighter or individual who has a duty to protect the public and who is injured in a crime (Top) (Home) (Index) (Crime Victim Compensation) Benefits may be reduced or denied if the victim: a. Participated in the crime b. Engaged in illegal activity c. Contributed to the crime d. Was an inmate at the time of the crime e. Knowingly or intentionally submitted false or forged information to the Crime Victims' Compensation Division f. Did not cooperate with the appropriate law enforcement agencies (Top) (Home) (Index) (Crime Victim Compensation) The victim assistance coordinator with the District Attorney's Office can provide you with an application or you may obtain one from the Office of the Attorney General by calling (800) 983-9933. (Top) (Home) (Index) (Crime Victim Compensation) Crimes in which the victim suffers a substantial threat of physical or emotional harm or death. These may include sexual assault, kidnapping, robbery, assault, domestic violence, homicide and other violent crimes. Vehicular related crimes that are covered include failure to stop and render aid, DWI, manslaughter, criminally negligent homicide, aggravated assault, intoxication manslaughter and intoxication assault. (Top) (Home) (Index) (Crime Victim Compensation) 7. What type of financial assistance is available? Claims may be approved for benefits up to a total of $50,000. In the case of catastrophic injuries resulting in a total and permanent disability, victims may be eligible for an additional $50,000 in benefits. Upon approval, the following benefits may be awarded: -medical, hospital, physical therapy or nursing care -psychiatric care or counseling -one time relocation assistance for victims of domestic violence -loss of earnings support -loss of wages and travel reimbursement due to participation in, or attendance at, the investigation, prosecutorial and judicial processes -care of a child or a dependant child -funeral and burial expenses -crime scene clean-up -replacement costs for clothing, bedding or other property seized as evidence or rendered unusable as the result of the investigation -attorney fees for assistance in filing the Crime Victims' Compensation application and in obtaining benefits, if the claim is approved -loss of wages and travel to seek medical treatment or counseling Additional benefits for victims who have suffered a catastrophic injury include: -making a home or car accessible -job training and vocational rehabilitation -training in the use of special appliances -reimbursement of lost wages Reimbursement for property damage or theft is not an eligible expense. (Top) (Home) (Index) (Crime Victim Compensation) 1. Safety during an explosive incident A. If an argument seems unavoidable, try to have it in a room or area that has access to an exit and not in the bathroom, kitchen or anywhere near weapons. B. Practice how to get out of your home safely. Identify which doors, windows, elevator, or stairwell would be best. C. Have a packed bag ready and keep it in an undisclosed but accessible place (with friend or relative) in order to leave quickly. D. Identify a neighbor you can tell about the violence and ask that they call the police if they hear a disturbance coming from your home. E. Devise a code word to use with your children, family, friends and neighbors when you need the police. F. Decide and plan for where you will go if you have to leave home (even if you don't think you will need to). G. Use your own instincts and judgement. If the situation is very dangerous, consider giving the abuser what he wants to calm him down. You have the right to protect yourself until you are out of danger. H. Always remember- YOU DON'T DESERVE TO BE HIT OR THREATENED! (Top) (Home) (Index) (Domestic Violence Safety Plan) 2. Safety when preparing to leave A. Open a savings account in your own name to start to establish or increase your independence. Think of other ways in which you can increase your independence. B. Leave money, an extra set of keys, copies of important documents and extra clothes with someone you trust so you can leave quickly. C. Determine who would be able to let you stay with them or lend you some money. D. Keep the shelter phone number close at hand and keep some change or a calling card on you at all times for emergency phone calls. E. Review your safety plan as often as possible in order to plan the safest way to leave you batterer. REMEMBER-LEAVING YOUR BATTERER IS THE MOST DANGEROUS TIME. (Top) (Home) (Index) (Domestic Violence Safety Plan) A. Change the locks on your doors as soon as possible. Buy additional locks and safety devices to secure your windows. B. Discuss a safety plan with your children for when you are not with them. C. Inform your children's school, day care, etc.., about who has permission to pick up you children. D. Inform neighbors and landlord that your partner no longer lives with you and that they should call the police if they see him near your home. E. Call 911 immediately if your batterer shows up at your home and ask police to issue a Criminal Trespass Warning. (Top) (Home) (Index) (Domestic Violence Safety Plan) 4. Safety with a Protective Order A. Keep your protective order on you at all times. B. Call the police if your partner breaks the protective order. C. Think of alternative ways to keep safe if the police do not respond right away. D. Inform family, friends, neighbors that you have a protective order in effect. (Top) (Home) (Index) (Domestic Violence Safety Plan) 5. Safety on the job and in public A. Decide who at work you will inform of your situation. This should include office or building security (provide a picture of your batterer if possible) B. Arrange to have someone screen your telephone calls if possible. C. Devise a safety plan for when you leave work. Have someone escort you to your car, bus or train. Use a variety of routes to go home by if possible. Think about what you would do if something happened while going home. (Top) (Home) (Index) (Domestic Violence Safety Plan) 6. Your safety and emotional health A. If you are thinking of returning to a potentially abusive situation, discuss an alternative plan with someone you trust. B. If you have to communicate with your partner, determine the safest way to do so. C. Have positive thoughts about yourself and be assertive with others about your needs. D. Read books, articles, and poems to help you feel stronger. E. Decide who you can call to talk freely and openly to give you the support you need. F. Plan to attend a women's or victim's support group for at least 2 weeks to gain support from others and learn more about yourself and the relationship. (Top) (Home) (Index) (Domestic Violence Safety Plan) 7. If you are a teen in a violent dating relationship A. Decide which friend, teacher, relative, or police officer you can tell. B. Contact an advocate at the court to decide how to obtain a restraining order and make a safety plan. (Top) (Home) (Index) (Domestic Violence Safety Plan)
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