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The Commonwealth of Virginia passed legislation in 1996 in an effort
to protect the privacy of crime victims and witnesses and to ensure
that they are treated with dignity and respect. As a victim of a crime,
you have certain rights under the Victims' Bill of Rights. However,
there are specific steps you need to take in order to receive these
rights. Contact Victim/Witness Services (514-4366) for assistance.
In accordance with the Crime Victim and Witness Rights Act, the following
types of assistance may be available for crime victims and witnesses
through certain local agencies, including Victim/Witness Assistance
Programs, Commonwealth's Attorney's Offices and law enforcement agencies.
Available assistance includes:
- Protection
- Suffolk's Victim/Witness Assistance Program can inform you of any
physical protection that may be available to you, such as No
Contact Orders, which prohibit the accused person from some
or all contact with you. These orders are often requested by victims
of stalking or domestic violence, but can be used in
other crimes as well. They can also make arrangements for victims/witnesses
to be in a waiting room separate from the defendant(s) during court
proceedings.
- Financial Assistance
- Compensation for Travel may be available to victims and
witnesses traveling from out of town who are subpoenaed by the Commonwealth.
This can include payment for mileage, lodging, meals and airfare for
each day's attendance in court.
Property Return. To assist in the investigation and prosecution
of certain crimes, law enforcement authorities may hold your property
as evidence. The law allows them to photograph and return certain
evidence to you. However, your property may be held until after the
trial and any appeals.
Restitution. If you are a crime victim, the defendant may be
ordered to repay you under certain circumstances, at least partially,
for your losses.
Victims' Compensation may be awarded to victims of a
crime who were physically injured and have no means of paying
for their medical treatment. Surviving spouses, parents, siblings
or children of homicide victims may be compensated for certain
un-reimbursed losses such as loss of earnings, medical expenses,
or funeral expenses.
- Notification
- Employer Intercession. If you are subpoenaed to court and
you give reasonable notice at your workplace, your employer may not
fire you, discipline you, or require you to use vacation or sick leave
in order to go to court. However, your employer is not required to
pay you for your time in court.
Status of Release of Defendants or Prisoners. Victim/Witness
Services can assist you in being notified of the release or change
of status of the defendant in your case. If you wish to be notified,
you may file a Request for Victim Notification
of Defendant Status Form and submit it to Victim/Witness Services
for processing.
Notification of Prisoner Appeals or Habeas Corpus.
You can be advised if the defendant in your case has appealed his sentence or filed a habeas corpus petition. The Attorney General's Office will notify you if a convicted felon is granted an appeal provided you submit the Attorney General - Victim Information Sheet requesting this information. Victim/Witness Services can provide this form upon request.
Changes in Court Dates. You can be notified of any continuances,
pleas or other changes in court dates. You must have your current
address and phone number on file with Victim/Witness Services or the
Commonwealth's Attorney in order to be notified. Sometimes court proceedings
cannot take place as scheduled. Victim/Witness Services will make
every effort to notify you in advance, but may not be successful.
There is a HOTLINE SERVICE available at (757) 514-4366
after 5:00 pm on weekdays and continuously on weekends and holidays.
This service provides a tape recorded message which lists the court
cases in which witnesses are excused for the following court day.
BY CALLING THIS NUMBER, YOU MAY SAVE YOURSELF AN UNNECESSARY TRIP
TO COURT.
- Victim Input
- Right to Remain in Courtroom. Victims have the right to
remain in the courtroom during all court proceedings, unless the judge
has determined that the victim is a material witness. Victim/Witness
Services can accompany victims to court proceedings for support purposes.
Victim Impact Statement. In certain cases the judge may consider
a Victim Impact Statement when determining the defendant's sentence.
This statement gives the victim the opportunity to tell the court,
in writing, the impact of the crime(s). The court is interested in
knowing of any significant physical, psychological or economic injury
that may have been caused by the crime. This document allows you to
itemize economic losses; identify the nature and extent of physical
and psychological injury; describe any changes in your personal welfare,
lifestyle or family relationships; and identify any medical or mental
health services you may have needed as a result of the offense. In
other words, this is your chance to tell the court what your life
has been like since the crime!
Victim Input Crime victims who would like to have input into
the parole process for parole eligible prisoners may do so by contacting
Victim/Witness Services.
- Courtroom Assistance
- Contact Victim/Witness Services for help in receiving the following
Courtroom Assistance services:
- Interpreters for non-English speakers and the hearing impaired.
- Closed Circuit Television may be available in certain,
very limited cases involving the testimony of child victims
under the age of 14.
- Closed Preliminary Hearings for victims and witnesses
in cases involving sexual assault may be available. However,
trials are open to the public.
- Confidentiality of certain victim information may be requested.
The victim must file a Request for Confidentiality
by Crime Victim Form (DC-301) with the Magistrate, Court,
Commonwealth's Attorney, Police Department or Sheriff's Office
in the locality where the crime occurred.
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