A message from District Attorney Marcus J. Montoya:

The Victims of Crime Act provides for certain rights to victims of violent crimes. My office is here to help you understand those rights, keep you informed about your case, and provide information regarding the available victim assistance programs. We will provide guidelines for possible financial assistance for expenses incurred because of the crime. We are committed to working with you as your case proceeds through the criminal justice system.

VICTIM ASSISTANCE PROGRAM

When do the rights of the Victims of Crime Act take effect?

The rights and duties established pursuant to the provisions of the Victim of Crimes Act take effect when an individual is charged by the District Attorney for allegedly committing a criminal offense against a victim. A formal charge is an indictment or preliminary hearing, or the filing of a criminal complaint and delivery of that complaint to the District Attorney’s office. These rights and duties remain in effect until the final disposition of the court proceedings. The final disposition includes the sentencing appeal (if filed). After conviction, the victim will be notified of parole board hearings and release dates.

Victim Responsibilities - a victim can exercise their rights if he/she:

  1. Reports the criminal offense within five days of the occurrence or discovery of the offense, unless reasonable not to do so;

  2. Keep the District Attorney’s office informed of their current address and telephone number, even after sentencing; and,

  3. Fully cooperates with and fully responds to reasonable requests by law enforcement and the District Attorney.

WHAT ARE YOUR RIGHTS?

  • To be treated with fairness and respect;

  • Timely disposition of the case;

  • To be reasonably protected from the accused through the criminal justice process;

  • Notification of court proceedings;

  • To attend any public court proceeding that the accused has the right to attend;

  • To confer with the prosecutor;

  • To make a statement at any sentencing or post-sentencing hearing for the accused;

  • To receive restitution from the offender;

  • To receive information about the conviction, sentencing, imprisonment, escape, or release of the accused;

  • To have the prosecuting attorney notify the victim’s employer, if requested of the necessity of the victim’s cooperation and testimony in a court proceeding that may require the absence of the victim from work or good cause;

  • Return of evidence belonging to the victim;

  • To be informed at a sentencing proceeding that the offender is eligible to earn the meritorious deductions from the offender’s sentence, and the amounts that may be earned by the offender.

What are the steps a criminal case takes within the judicial system?

Generally, a case follows the following steps:

  1. Crime is reported to law enforcement;

  2. Investigation and Arrest;

  3. A criminal complaint is filed if probable cause is determined;

  4. Grand jury or Preliminary Hearing for felonies, Court sends criminal complaint to District Attorney for misdemeanors;

  5. First Appearance (felony) or Arraignment (misdemeanor). Formal charges in court and review of bond conditions;

  6. Formal pre-trial motions and hearings;

  7. Pre-trial Conference;

  8. Plea Agreement or Jury Trial

  9. Sentencing Hearing: and;

  10. Appeals (if filed).