Louisiana Victims’ Rights

Below is information on Victims’ rights laws in Louisiana.

LOUISIANA VICTIMS' BILL OF RIGHTS - 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.

You must file a Victim Notice and Registration Form with the NOPD, Clerk of Court, or DA’s office to activate these rights:

  • The right to receive emergency social or medical services as soon as possible.

  • The right to be notified of a defendant's arrest, release on recognizance, posting of bond, release pending charges being filed, release due to rejection of charges by the District Attorney, escape, or re-apprehension.

  • The right to requests for assistance by judicial and law enforcement agencies in informing employers that prosecution of the case may necessitate absence from work.

  • The right to reasonable notice and to be present during all critical stages of pre-conviction and post-conviction proceedings, including the sentencing hearing.

  • The right to be notified of scheduling changes of criminal justice proceedings.

  • The right to consult with the prosecution prior to the trial, and to meet and discuss sentencing options with the prosecution before the final disposition of the case.

  • The right to refuse to be interviewed by the accused or a representative of the accused.

  • The right to review and comment upon the Pre-sentence Investigation Report prior to imposition of sentencing, and the right to be notified of the minimum and maximum sentence allowed by law.

  • The right to make a written or oral victim impact statement.

  • The right to seek restitution (court-ordered payment from someone who has been convicted) and crime victim reparations (for certain expenses from the state program) when eligible.

  • The right to a reasonably prompt conclusion to the case.

  • The right to protection from intimidation and harm.

  • The right to a secure waiting area during court proceedings.

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).

For a more complete explanation of your rights, visit this site: Louisiana Laws - Louisiana State Legislature

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.

  • 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.