Victims of crime & the court process: support and your rights

Under the federal law, you have the right to

• Be reasonably protected from the accused
• Be treated fairly, with respect for your dignity and privacy
• Proceedings free from unreasonable delay

Federal victims have the right to timely notice of

• Any plea bargain or deferred prosecution agreement
• Any release or escape of the accused
• Public court and parole proceedings
• Your rights and the services available to you

Federal victims have the right not to be excluded from public court proceedings. There is a narrow exception if a court finds strong evidence that hearing other testimony would change the victim’s own testimony.

Federal victims have the right to be reasonably heard at public hearings about release, a plea, sentencing or parole, and a reasonable right to talk with the government’s attorney on the case.

The federal law includes the right to full and timely restitution as provided by law. See the money section below for what this means in practice.

Not every report leads to charges. Prosecutors must be able to prove guilt beyond a reasonable doubt, which is a high bar.

More than 90 percent of federal defendants plead guilty. Sometimes this is part of a deal, for example in exchange for dropping some charges.

Federal victims have the right to be told about a plea bargain in time and to be heard at a plea hearing.

At trial, the prosecution calls witnesses, then the defense may cross-examine them. The defense may also call its own witnesses.

Sentences can include prison time, fines and restitution to victims.

This is often where victims share a victim impact statement.

A case may not feel “over” after sentencing. Federal victims have the right to notice of parole proceedings and any release or escape.

Every U.S. state has services for victims of crime. Local advocates, such as those at domestic violence programs or rape crisis centers, can offer support alongside the court process. VictimConnect can point you to services near you.

You could ask

• What happens next, and roughly when?
• How will I be told about court dates?
• Can you come to court with me?
• Can I meet the prosecutor?
• What help is there with costs?

In federal cases, victims can check case status by phone or online using an ID number and PIN from their first letter from the U.S. Attorney’s Office.

VINE is a free, anonymous service in many states. You can look up a person’s custody status at vinelink.com and sign up for alerts by phone, text or email. The person is not told that you signed up.

Call the prosecutor’s victim-witness office and ask for an update. Keep a simple log of who you spoke to and when.

Make sure they have your current phone number, email and address, so notices reach you.

Ideas

• Changes in your daily life, work or relationships
• Costs you’ve had because of the crime
• How you feel now, in your own words
• Your sleep, health or sense of safety

Some people write a statement. Some read it aloud in court, and some ask an advocate or family member to read it. Ask your advocate which options exist in your court.

Try

• Write in short sessions
• Have someone you trust nearby
• Plan something soothing afterward
• Ask an advocate to read your draft

A court may order the person convicted to repay victims for financial losses. Payment isn’t guaranteed, and it may come slowly, so it is important to keep detailed records of all crime-related losses and costs.

Every state has a crime victim compensation program that may help pay for things like medical care, counseling and lost wages. Each state sets its own rules and deadlines.

Things to keep

• Counseling and medical bills
• Notes of time off work
• Receipts for repairs or replacements
• Travel costs to court or appointments

Each new court date can mean bracing yourself again. It may help to plan something steady for each court day, whether or not it goes ahead.

Federal victims have the right to proceedings free from unreasonable delay. If delays feel excessive, ask your advocate about it.

A plea to a lesser charge can feel like your experience was shrunk. Your feelings are valid. You may have the right to be heard before the judge accepts a plea, so ask your advocate.

A “not guilty” verdict means the case was not proven beyond a reasonable doubt. It is not a finding that you lied or that nothing happened.

Many people find it helps to talk this through with a counselor or advocate, and to focus on what helps them feel safe now.

Some people expect to feel better once the case ends and are surprised when they don’t. Healing often follows its own timeline, separate from the court’s.

Helpful

• Believe them
• Help with practical things: rides, meals, childcare
• Let them decide how much to share
• Offer to sit with them in court, if they want

Less helpful

• “At least they got a sentence.”
• “It’s time to move on.”
• “Why didn’t you report it sooner?”

VictimConnect’s trained specialists offer emotional support, information about your rights and referrals to local help, including compensation and legal services. Call or text 1-855-484-2846, or chat at victimconnect.org.

The National Domestic Violence Hotline is free and confidential. Call 1-800-799-7233.

A counselor can help you with fear, anger and sleep problems during a long case. Your state’s compensation program may help pay for counseling.

In England and Wales, for example, Victim Support and the Citizens Advice Witness Service help victims prepare for court.

For emotional support anywhere, findahelpline.com lists free helplines in many countries.