What are my rights as a victim or family member?

State & Federal Victims’ Rights Laws are listed below:

LOUISIANA RIGHTS OF CRIME VICTIMS - full text here: Louisiana Laws - Louisiana State Legislature

Victims or designated family members of victims of certain crimes are entitled to certain rights under Louisiana's Crime Victim Bill of Rights. Fill out a Victim Notice and Registration Form with NOPD, Clerk of Court, or DA’s office. They should give you the form, but you may need to ask.

  • The right to receive emergency, social, or medical services as soon as possible and receive a Victim Notice and Registration Form from law enforcement (La. R.S. 46:1844,A(1)).

  • The right to be notified of the following: the defendant’s arrest, release on recognizance, posting of bond, release pending charges being filed or due to rejection of charges by the DA, escape, or re-apprehension (La. R.S. 46:1844,A(3), Z).

  • The right to advance notification and to be present for judicial proceedings or probation hearings (La. R.S. 46:1844, B).

  • The district attorney (DA), prior to trial, shall make reasonable efforts to interview the victim or designated family member regarding the facts of the case and requests for restitution. Interviews should be conducted in a private setting, and the victim or designated family member can have a victim advocate, social worker, or psychologist for support (La. R.S. 46:1844, C(1-2)).

  • The right to refuse requests for interviews with the defense attorney. Willful disregard of this right by the defense attorney is punishable as contempt of court (La. R.S. 46:1844, C(3)).

  • The right to retain your own legal counsel for your discussions with the DA and judicial agencies (La. R.S. 46:1844, D(1)).

  • The right to a conference with the DA’s office (you should request this in writing) to discuss the disposition of the case by dismissal, plea or trial, the use of sentencing alternatives and/or requests for victim restitution payments (La. R.S. 46:1844, D(2)).

  • The right to assistance in informing employers that your participation in the prosecution of the case may necessitate absence from work (La. R.S. 46:1844, E).

  • The right to be notified of scheduling changes (La. R.S. 46:1844, F).

  • The right to a secure waiting area during court proceedings away from the defendant(s)/family (La. R.S. 46:1844, G).

  • The right to review and comment on pre-sentence or post-sentence reports (La. R.S. 46:1844, H).

  • The right to protection by all rules and laws governing criminal procedure and the admissibility of evidence applicable to criminal proceedings (La. R.S. 46:1844, I).

  • The right to a speedy disposition and prompt and final conclusion of the case after conviction and sentencing. When ruling on a defense motion for continuance, the court should consider the victim impact (La. R.S. 46:1844, J).

  • The right to be present and heard at all critical stages of the proceedings, including the right to make a written or oral victim impact statement. Proper notice must be issued to ensure the victim or designated family member has the opportunity to be present for sentencing, and the hearing should be continued (delayed) until proper notification occurs (La. R.S. 46:1844, K(1))

  • The right to request your victim impact statement be “sealed” if you have privacy concerns. Read more in this section about what your impact statement may include (La. R.S. 46:1844, K(2)).

  • At the sentencing hearing, the court shall provide the state and defense (and the victim’s lawyer) with notice of the minimum and maximum sentence allowed by law and the opportunity for you to comment on the proposed sentence (La. R.S. 46:1844, K(3)).

  • The right to have victim’s property returned (La. R.S. 46:1844, L).

  • The right to seek restitution or payment from the defendant to the victim or family, with no court filing fees (La. R.S. 46:1844, M).

  • For death penalty (capital) cases, you have the right to notification of execution details and the right to be present (La. R.S. 46:1844:N). You have the right to not be contacted by the offender or their supporters/representatives (La. R.S. 46:1844, S, Y)

  • The right to be notified of a parole hearing and to make written or oral victim impact statements. Within 3 months of earliest release date, you may contact LAVO (p.69) to submit a re-entry statement to the parole committee including proposed contact/proximity restrictions that may be included as parole conditions, for the victim’s protection (La. R.S. 46:1844, O)

  • Status updates regarding missing children (La. R.S. 46:1844, P).

  • The right to confidentiality (no public release of your name, address, contact information or identity) if you are a minor, victim of a sex offense or human trafficking offense. If an attorney violates this, it is punishable by contempt of court (La. R.S. 46:1844, W).

  • The right to obtain a police report at no cost (La. R.S. 46:1844, X).

As a witness, you have many of the same rights as the victim (e.g., being provided a secure waiting area during court proceedings, which does not require close contact with the defendant and their family or friends).

FEDERAL RIGHTS OF CRIME VICTIMS

The Justice for All Act of 2004 provides crime victims with the following rights in Federal Courts - while still protecting the rights of defendants U.S. Attorneys | Crime Victims' Rights Act.

  • The right to be reasonably protected from the accused.

  • The right to reasonable, accurate, and timely notice of any public court proceeding or any parole proceeding involving the crime, or of any release or escape of the accused.

  • The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding.

  • The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding.

  • The reasonable right to confer with the attorney for the government in the case, e.g. the right to know why the case did not proceed.

  • The right to full and timely restitution as provided in the law.

  • The right to proceedings free from unreasonable delay.

  • The right to be treated with fairness and with respect for the dignity and privacy.