Victims have rights before, during, and after a criminal case. Some rights are automatic, while others must be requested, sometimes in writing.
Before and during the investigation
Protect confidential information
Victims can have important privacy interests in addresses, phone numbers, medical information, counseling records, and other sensitive material. California Courts advises victims to raise privacy concerns with law enforcement early.
Safety and protective orders
Depending on the case, a criminal protective order or a separate restraining order may be available. The right tool depends on the relationship, charges, and procedural posture.
Decide whether to speak with the defense
A victim may choose whether to speak with a defense lawyer or investigator and may set reasonable limits if the victim chooses to participate.
After charges are filed
Once a prosecution is underway, victims may have rights to information, notice, attendance, consultation, and participation. Upon request, this can include notice of public proceedings where the defendant and prosecutor are entitled to be present and notice of parole or other post-conviction release proceedings.
Release
Safety considerations, bail, release conditions, and protective orders.
Pretrial
Notice, consultation, court attendance, and decisions about defense contact.
Plea
Information, consultation, and the opportunity to be heard where the law provides it.
Sentencing
Victim-impact information, restitution, and participation.
Information and notice
California Courts explains that victims may ask for information about the arrest and charges, notification of court hearings, and information concerning conviction, sentence, incarceration, scheduled release, escape, parole status, and certain appellate outcomes.
Participation in court
Victims may have the right to attend specified proceedings and, at certain hearings, to be heard. At sentencing, a victim may provide a victim impact statement and information concerning the consequences of the crime.
Restitution and property
Victims may seek return of property when it is no longer needed as evidence and may have restitution rights for qualifying economic losses. California Courts notes that restitution is based on information the victim provides, such as receipts, and that a restitution hearing may be requested if sentencing occurs before the victim’s losses are fully presented.
After conviction
Victim rights can continue after sentencing. Depending on the case, victims may have rights concerning appellate notification, parole, other post-conviction release proceedings, and ongoing safety information.
If criminal charges are never filed
The absence of criminal charges does not necessarily mean there are no resources or legal options. California Courts identifies victim-compensation programs and civil litigation as separate possibilities. Whether a civil claim exists depends on the facts, legal duties, damages, deadlines, and available defendants.