Rights & Responsibilities of Crime Victims & Witnesses

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.

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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.

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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.

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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.

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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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