Victim Bill of Rights

Right to Keep Address Confidential

In cases of child abuse, spousal abuse, and sex crimes, victims have a right to have their addresses kept confidential. Their addresses may be given only to the attorney for the defendant, but will not appear on any forms or public documents.

Right Not to Be Threatened or Intimidated

If anyone threatens you, call your law enforcement agency to report the threat and contact the prosecutor immediately. It is a crime for anyone to attempt to dissuade or prevent you from assisting law enforcement agencies or prosecutors or from attending or giving testimony at any trial or proceeding authorized by law. It is a felony if any such efforts involve coercion, threats or force, or are done for financial gain.

Right to Be Present at Sentencing and Parole Hearings

Crime victims are entitled to appear at the sentencing hearing and to speak on matters concerning the crime, the penalty, and the need for restitution. You do not need to be present at the sentencing proceeding, but you have a right to attend if you wish and to reasonably express your views. The law requires that the county probation department notify you of the sentencing hearing for felony cases. Practically speaking, you will want to contact the prosecuting district attorney to let him or her know of your wish to speak at the sentencing hearing.

You have a right to be informed of the sentence recommended by the probation officer to the court, but you may not view the actual probation report prior to sentencing. However, state law (Penal Code section 1203.05(a)) permits you to inspect the probation report within 60 days after the judgment is pronounced. You may want to write out a statement that you can read at the hearing or submit it in writing. You also may want to consider submitting a videotape. Those who have spoken at such hearings say they were given a restored sense of control and appreciated the active role in the criminal justice system.

Right to Be Informed of the Sentence Recommended by the Probation Officer

Victims have a right to make a statement at parole hearings. Parole hearings are held for prisoners serving an indeterminate term such as 15 years to life. You may want to write out a statement that you can read at the hearing or submit it in writing. You also may want to consider submitting a video tape. Those who have spoken at such hearings say they were given a restored sense of control and appreciated the active role in the criminal justice system.

To request notice of parole hearings and opportunity to speak, write to:

Board of Prison Terms
Victims' Assistance Program
428 J Street, Sixth Floor
Sacramento, CA 95814
(916) 327-5933

If the offender was sentenced to the California Youth Authority, send your written request to:

Division of Juvenile Justice
Office of Prevention and Victims’ Services
P.O. Box 588501
Elk Grove, CA 95758-8501
(916) 683-7460

Right to Restitution and Return of Property

Victims have a right to restitution from the person who is convicted of a misdemeanor or felony where the victim suffered economic loss as a result of the offender’s conduct. The prosecuting attorney has an opportunity to assist in these assessments. The requirements are specified in Penal Code section 1202.4(b). If seeking the return of property, you may want to contact your local victim/witness assistance center for help in determining if your property can be returned to you. In some cases, it may take a while to have the property returned because it may be needed as evidence in court.

Victim Advocates can explain in more detail the items summarized above. Victim Advocates can be reached:

San Joaquin County District Attorney
Victim-Witness Unit
222 E. Weber Avenue, Room 101
Stockton, CA 95202
(209) 468-2500

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.