- Victims can exercise Marsy's Law rights without hiring private counsel.
- California expressly permits a victim's retained attorney to seek enforcement of the enumerated rights in a court with jurisdiction over the case.
- Private counsel does not become the prosecutor and does not control charging, plea, sentencing, or release decisions.
What Marsy's Law protects
California Constitution article I, section 28 recognizes rights involving fairness and dignity, reasonable protection, safety considerations in bail and release, specified confidential information, defense interviews, consultation with the prosecution, notice and attendance at public proceedings, the right to be heard at specified proceedings, restitution, property return, and parole or other post-conviction release matters.
How private victims' counsel fits into the criminal case
The prosecutor represents the People of the State of California. A victim has a distinct set of constitutional interests, but is not the prosecutor and generally does not direct the prosecution. A retained attorney can advise the victim about those individual interests, communicate with the prosecuting agency, prepare the victim for proceedings, and address issues that may otherwise be difficult to raise in real time.
Enforcing a protected right
California Constitution article I, section 28(c)(1) provides that a victim, the victim's retained attorney, a lawful representative, or the prosecuting attorney upon the victim's request may enforce the enumerated rights in a trial or appellate court with jurisdiction over the case. The Constitution directs the court to act promptly on such a request.
Enforcement is fact- and timing-specific. The first question is not simply whether something felt unfair; it is which constitutional right is implicated, what relief is legally available, what proceeding is pending, and what must be done before the issue becomes moot.
Proceedings where victims often need guidance
Bail and release
Victim and family safety are among the interests California law recognizes when release conditions are considered.
Plea discussions
Victims may request reasonable notice, consultation, and information before a pretrial disposition, while the prosecuting agency retains its charging and settlement authority.
Sentencing
Victims may have rights to notice, attendance, being heard, restitution, and presentation of information concerning the crime's impact.
Parole and post-conviction
Victims and qualifying family members may have notice and participation rights in parole and other post-conviction release proceedings.
Do you need an attorney to use Marsy's Law?
No. Public victim-services programs, victim advocates, and prosecutors can provide important assistance, and victims may assert rights on their own. Private representation is an additional option for victims who want independent legal advice, preparation, direct advocacy, or counsel focused on their individual interests.
Frequently asked questions
Does Marsy's Law let the victim decide whether charges are filed?
No. Charging decisions remain with the prosecuting authority. Marsy's Law gives victims important rights to information, consultation, participation, protection, restitution, and enforcement; it does not transfer prosecutorial authority to the victim.
Can a retained attorney appear in court for the victim?
California's Constitution expressly authorizes a victim's retained attorney to seek enforcement of the enumerated rights in a court with jurisdiction over the case. What an appearance should look like depends on the right, court, posture, and relief sought.
When should a victim contact counsel?
Earlier is often more useful when a significant hearing or deadline is approaching, because some issues are highly time-sensitive. A consultation can also help after an apparent rights problem has already occurred.