What private crime-victim representation means
A criminal prosecution is a public case brought by the government. The victim is central to the underlying events, but the victim is not ordinarily the client of the prosecutor. Private counsel creates a separate attorney-client relationship focused on the victim's rights, questions, preparation, safety concerns, financial losses, and participation.
The value of that representation depends on the matter. Some victims need focused help before a single hearing. Others need counsel through a longer prosecution, restitution dispute, sentencing, or parole process.
What counsel may do
- Explain the stage of the criminal case and the victim rights that apply.
- Communicate with prosecutors or victim-services personnel concerning the victim's rights and concerns.
- Prepare for bail, plea, sentencing, restitution, and post-conviction proceedings.
- Address unwanted defense contact, privacy, confidentiality, and protection issues.
- Organize documentation supporting restitution or other victim requests.
- Seek enforcement of Marsy's Law rights when the Constitution provides a basis to do so.
- Evaluate whether a separate civil remedy should be considered without confusing it with the criminal prosecution.
What private counsel cannot promise
Private counsel cannot guarantee that charges will be filed, a particular plea will be rejected, a defendant will remain detained, a particular sentence will be imposed, restitution will be collected, or a parole decision will come out a particular way. Those decisions are made by prosecutors, courts, correctional authorities, or other decision-makers under the governing law.
Public victim services still matter
California counties maintain victim/witness programs that can provide important assistance such as case information, court accompaniment, compensation applications, referrals, and support. Those services are generally available without hiring a private attorney. Private counsel is different: the attorney represents the victim as a client and provides legal advice and advocacy directed to that client's interests.
When representation may be especially useful
Private counsel can be particularly useful when the matter involves a serious or complex crime, a fast-approaching hearing, disputed restitution, substantial privacy concerns, a breakdown in communication, overlapping civil issues, or a victim or family member who wants one lawyer tracking the legal issues across stages of the case.