Rights as a Victim of a Juvenile Offender

Crime victims are entitled to be notified of their rights under the Crime Victim's Rights Act. These rights allow the victim to actively participate in the criminal justice process. You decide whether to take advantage of your rights by informing the proper governmental agency.

Victim Rights

• Within 24 hours of your first contact with a police agency, that agency must give you the following written information
  • The availability of emergency and medical services
  • The Crime Victim's Compensation Board's address and information on benefits
  • The prosecuting attorney's address and phone number
  • The police department's phone number to call for information regarding the investigation
• The police shall promptly return your stolen property unless the property is contraband, its ownership is disputed, it is a weapon used in the commission of a crime, or the prosecutor certifies a need to retain it for evidence.
• Within 72 hours of the juvenile's arrest, the police agency must give you the Juvenile Youth Home phone number so you can determine whether the juvenile has been released on bail.
• If the juvenile threatens you or your family, the prosecutor can ask the court to revoke their bond.
• Within 48 hours of the juvenile's preliminary exam the juvenile court will notify the prosecutor of the juvenile's plea. Within 48 hours of receiving that notice, the prosecutor shall give you:
  • This brochure
  • A statement of the procedural steps in processing a juvenile case
  • Information regarding the Crime Victim's Compensation Act
  • Suggested procedures if you are threatened
  • The person to contact for further information
• If the juvenile pleads guilty at preliminary exam, the prosecutor will give you information about the disposition.
• Upon request, the prosecutor must notify you of the court proceedings and schedule changes.
• Upon request, the prosecutor must offer to consult with you regarding the disposition of the crime.
• If practical, the court must provide a separate waiting area for you.
• If you have a reasonable concern about violence by the juvenile against you or your family, the prosecutor may ask the court to protect you from disclosing your address, place of employment, or other personal identification.
• If the victim is of a minor age, the prosecutor may ask the court for a speedy trial.
• Upon request, the prosecutor must confer with you prior to trial.
• You can be present throughout the juvenile's trial, unless you are a witness. If you are a witness, the court may exclude you from the courtroom until you testify.
• Your employer may not threaten to discharge or discipline you or a special representative when you are required to attend court.
• Upon request, the prosecutor must give you notice of the following:
  • The crime for which the juvenile was adjudicated
  • Your right to make a statement at disposition for use in the pre-disposition report, if one is prepared
  • The statement may include an explanation of
    • Any physical, psychological, or emotional harm suffered by you
    • Any economic loss or property damage suffered by you
    • The need for restitution and whether you have applied for or received compensation for your loss
    • Your recommendation for an appropriate sentence
  • Your statement will be available to the juvenile unless exempted from disclosure by the court
  • The address and phone number of the person preparing the report
  • Your right to make a statement at disposition and the time and place of the disposition
• If you have suffered physical or financial harm as a result of the crime, the court must make restitution to you or your estate.
• Upon request, the prosecutor must give you notice of the juvenile's appeal, appellate court proceedings, whether he or she is released on bail, and the result of that appeal.
• The juvenile will not profit from the sale of his or her perceptions regarding this crime until you have received ordered restitution, had any civil judgement against the juvenile satisfied, and the costs of the juvenile's supervision have been repaid.
• Upon written request, the Department of Social Services (DSS) must give you notice of the juvenile's escape, transfer from a secure to a non-secure facility, or release from custody.
• If the juvenile is placed with DSS, upon request, the prosecutor will notify you of a hearing to keep the juvenile in custody until the age of 21.
• Upon request, the prosecutor will notify you of the final disposition of the case.
• The prosecutor will notify you, if possible, if the juvenile seeks to have his or her adjudication expunged.

Remember

Many of you rights are only available at your request. If you choose to use these rights, you must notify the proper agency, and keep them advised of your current address and phone number to allow them to provide the rights you have requested.