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Victim's Rights


California Constitution, Article I, Section 28(b)

In order to preserve and protect a victim’s rights to justice and due process, a victim shall be entitled to the following rights:

  1.  Fairness and Respect

       To be treated with fairness and respect for his or her privacy and dignity, and to be free from intimidation,         harassment, and abuse, throughout the criminal or juvenile justice process.

  2.  Protection from the Defendant

       To be reasonably protected from the defendant and persons acting on behalf of the defendant.

  3.  Victim Safety Consideration in Setting Bail and Release Conditions

       To have the safety of the victim and the victim’s family considered in fixing the amount of bail and release           conditions for the defendant.

  4.  The Prevention of the Disclosure of Confidential Information

       To prevent the disclosure of confidential information or records to the defendant, the defendant’s attorney,           or any other person acting on behalf of the defendant, which could be used to locate or harass the victim           or the victim’s family or which disclose confidential communications made in the course of medical or                 counseling treatment, or which are otherwise privileged or confidential by law.

  5.  Refusal to be interviewed by the Defense

       To refuse an interview, deposition, or discovery request by the defendant, the defendant’s attorney, or any           other person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any

       such interview to which the victim consents.

  6.  Conference with the Prosecution and Notice of Pretrial Disposition

       To reasonable notice of and to reasonably confer with the prosecuting agency, upon request, regarding,           the arrest of the defendant if known by the prosecutor, the charges filed, the determination whether to               extradite the defendant, and, upon request, to be notified of and informed before any pretrial disposition           of the case.

  7.  Notice of and Presence at Public Proceedings

       To reasonable notice of all public proceedings, including delinquency proceedings, upon request, at                 which the defendant and the prosecutor are entitled to be present and of all parole or other post-conviction         release proceedings, and to be present at all such proceedings.

  8.  Appearance at Court Proceedings and Expression of Views

       To be heard, upon request, at any proceeding, including any delinquency proceeding, involving a post-             arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a           right of the victim is at issue.

  9.  Speedy Trial and Prompt Conclusion of the Case

       To a speedy trial and a prompt and final conclusion of the case and any related post-judgment                         proceedings.

10.  Provision of Information to the Probation Department  

       To provide information to probation department official conducting a pre-sentence investigation concerning         the impact of the offense on the victim and the victim’s family and any sentencing recommendations before         the sentencing of the defendant.

11.  Receipt of Pre-Sentence Report

       To receive, upon request, the pre-sentence report when available to the defendant, except for those                   portions made confidential by law.

12.  Information About Conviction, Sentence, Incarceration, Release, and Escape

       To be informed, upon request, of the conviction, sentence, place and time of incarceration, or other                   disposition of the defendant, the scheduled release date of the defendant, and the release of or the                   escape by the defendant from custody.

13.  Restitution

       A)  It is the unequivocal intention of the People of the State of California that all persons who suffer                        losses as a result of criminal activity shall have the right to seek and secure restitution from the                          persons convicted of the crimes causing the losses they suffer.

       B)  Restitution shall be ordered from the convicted wrongdoer in every case, regardless of the sentence                    or disposition imposed, in which a crime victim suffers a loss.

       C)  All monetary payments, monies, and property collected from any person who has been ordered to                   make restitution shall be first applied to pay the amounts ordered as restitution to the victim.

14.  The Prompt Return of Property

       To the prompt return of property when no longer needed as evidence.

15.  Notice of Parole Procedures and Release on Parole

       To be informed of all parole procedures, to participate in the parole process, to provide information to the         parole authority to be considered before the parole of the offender, and to be notified, upon request, of             the parole or other release of the offender.

16.  Safety of Victim and Public are Factors in Parole Release

       To have the safety of the victim, the victim’s family, and the general public considered before any parole or         other post-judgment release decision is made.

17.  Information About These 16 Rights

        To be informed of the rights enumerated in paragraphs (1) through (16).

A victim, the retained attorney of a victim, a lawful representative of the victim, or the prosecuting attorney upon request of the victim, may enforce the above rights in any trial or appellate court with jurisdiction over the case as a matter of right. The court shall act promptly on such a request.

(Cal. Const., art. 1, § 28(c)(1).)

  • Madera County District Attorney’s Office:  (559) 395-0600
    Monday through Friday (8:00 am to 5:00 pm)

  • Victim’s Services Center:  (559)661-1000

If you have a question about a case in which you are a victim, please contact one of the following:

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