THE VICTIMS' BILL OF RIGHTS

Marsy's Law

California Constitution, Article I, Section 28(b)
In order to serve and protect a victim's rights to justice and due process, a victim shall be entitled to the following rights:

Fairness and Respect
To be treated with fairness and respect for his or her privacy and dignity, and to be free from intimidation, harassment, and abuse, throughout the criminal or juvenile justice process.
Protection from the Defendant
To be reasonably protected from the defendant and persons acting on behalf of the defendant.
Victim Safety Consideration in Setting Bail and Release Conditions
To have the safety of the victim and the victim’s family considered in fixing the amount of bail and release conditions for the defendant.
The Prevention of the Disclosure of Confidential Information
To prevent the disclosure of confidential information or records to the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, which could be used to locate or harass the victim or the victim’s family or which disclose confidential communications made in the course of medical or counseling treatment, or which are otherwise privileged or confidential by law.
Refusal to be Interviewed by the Defense
To refuse an interview, deposition, or discovery request by the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any such interview to which the victim consents.
Conference with the Prosecution and Notice of Pretrial Disposition
To reasonable notice of and to reasonably confer with the prosecuting agency, upon request, regarding, the arrest of the defendant if known by the prosecutor, the charges filed, the determination whether to extradite the defendant, and, upon request, to be notified of and informed before any pretrial disposition of the case.
Notice of and Presence at Public Proceedings
To reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present and of all parole or other post-conviction release proceedings, and to be present at all such proceedings.
Appearance at Court Proceedings and Expression of Views
To be heard, upon request, at any proceeding, including any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue.
Speedy Trial and Prompt Conclusion of the Case
To a speedy trial and a prompt and final conclusion of the case and any related post-judgment proceedings.
Provision of Information to the Probation Department
To provide information to a probation department official conducting a pre-sentence investigation concerning the impact of the offense on the victim and the victim’s family and any sentencing recommendations before the sentencing of the defendant.
Receipt of Pre-Sentence Report
To receive, upon request, the pre-sentence report when available to the defendant, except for those portions made confidential by law.
Information About Conviction, Sentence, Incarceration, Release, and Escape
To be informed, upon request, of the conviction, sentence, place and time of incarceration, or other disposition of the defendant, the scheduled release date of the defendant, and the release of or the escape by the defendant from custody.
Restitution
- It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer.
- Restitution shall be ordered from the convicted wrongdoer in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss.
- All monetary payments, monies, and property collected from any person who has been ordered to make restitution shall be first applied to pay the amounts ordered as restitution to the victim.
The Prompt Return of Property
To the prompt return of property when no longer needed as evidence.
Notice of Parole Procedures and Release on Parole
To be informed of all parole procedures, to participate in the parole process, to provide information to the parole authority to be considered before the parole of the offender, and to be notified, upon request, of the parole or other release of the offender.
Safety of Victim and Public are Factors in Parole Release
To have the safety of the victim, the victim’s family, and the general public considered before any parole or other post-judgment release decision is made.
Information About These 16 Rights
To be informed of the rights enumerated in paragraphs (1) through (16).

A victim, the retained attorney of a victim, a lawful representative of the victim, or the prosecuting attorney upon request of the victim, may enforce the above rights in any trial or appellate court with jurisdiction over the case as a matter of right. The court shall act promptly on such a request.
(Cal. Const., art 1, Section 28(c)(1))

Victim & Witness Services Guide

If you are subpoenaed for court
Your rights as a victim
Victim Compensation
Victim Resources
U-Visa Request

If you are subpoenaed for court

If you receive a subpoena from the District Attorney to appear in court as a witness, you may respond to the subpoena via this website by clicking the Respond to a Subpoena link under the Resources menu. You may also call the phone number listed on the subpoena to confirm that you have received the subpoena and to see whether there have been any changes in the date and time of the court hearing. Hearings are often rescheduled or postponed, sometimes with very little advance notice. You must verify your contact information when you email or call so the District Attorney can notify you of any change in the date or time you are needed in court.

It is also strongly suggested that you call the District Attorney's Office the afternoon before your court appearance at (209) 468-2400, to confirm that the hearing is proceeding as scheduled or search for your case online with the San Joaquin County Superior Court's online portal. When calling (209) 468-2400, you will need to provide the case name or case number from your subpoena and you will then be connected with the unit that issued the subpoena.

Your rights as a victim

In California victims of crime have state constitutional standing and rights, guaranteeing that their voices will be heard.

My rights as a victim of crime

In 1982, California voters passed Proposition 8 to establish a “Victim’s Bill of Rights”, also known as Marsy’s Law.

Marsy's Law

Victim Compensation

Victims of crime often have emotional, financial or physical losses. The California Victim Compensation Program (CalVCP) is a reimbursement program to assist victims in paying bills and expenses that result from certain violent crimes. The CalVCP qualifying crimes include:

Domestic Violence
Child Abuse
Assault
Sexual Assault
Robbery
Homicide
Molestation
Drunk Driving
Vehicular Manslaughter

Click for eligibility requirements and more information

Victim Resources

We believe that providing victims and witnesses with the resources they need plays a crucial role in the criminal justice system. It provides essential support and advocacy to individuals who have suffered from crimes. These resources include crisis intervention, counseling, legal assistance, and compensation programs, which help victims navigate the often complex and daunting legal processes. By offering practical, emotional, and psychological support, these services aid in the recovery and empowerment of victims, ensuring they are not re-victimized by the system. Moreover, they facilitate victims' cooperation with law enforcement and prosecutors, which is vital for the successful prosecution of offenders and the administration of justice.

Additionally, victim resources contribute to a more equitable and humane criminal justice system. They help ensure that victims' rights are upheld and their voices are heard throughout the judicial process. By providing information and guidance, these resources enable victims to make informed decisions and actively participate in legal proceedings. This support not only enhances the effectiveness of the criminal justice system but also promotes a sense of fairness and justice, reinforcing public confidence in the system's ability to protect and serve all members of the community.

Find Resources

U-Visa Request

Under federal law, certain undocumented crime victims who have suffered substantial physical or mental abuse and are helpful to law enforcement are eligible to apply for a U nonimmigrant status visa (U-Visa). The I-918, Supplement B, U Nonimmigrant Status Certification (U-Visa) allows eligible victims to live and work in the United States for up to four years, with the possibility of obtaining permanent resident status. To qualify, a victim must obtain certification from a local, state, or federal law enforcement agency documenting his/her helpfulness in the investigation and prosecution of the qualifying crime of which he/she was a victim.

The District Attorney's Office will review requests where the underlying crime report was referred to the office for review for charging, regardless of whether a case was, in fact, filed. In situations where the report has not been submitted to the DA's Office for charging review, those requests should be directed to the applicable law enforcement agency with jurisdiction. Depending upon the final decision of this office, any signed certification must be submitted to the U.S. Citizenship and Immigration Services by the applicant or his/her representative (such as legal counsel).

If a victim believes he/she may qualify for a U-Visa, the victim or his/her representative must complete the U.S. Citizenship and Immigration Services’ (USCIS) Form I-918, Supplement B, and submit it to the San Joaquin County District Attorney's Office for consideration. Forms are available on the U.S. Citizenship and Immigration Services Website.

U Visa certification requests should be submitted to: U-Visa Processing Coordinator, c/o San Joaquin County District Attorney's Office, P.O. Box 990, Stockton, CA 95201. In addition, please include a self-addressed, stamped envelope with all U-Visa certification requests for the return of any correspondence from this office. Please include current contact information to ensure efficient communication with this office.