Your Legal Rights

LEGAL RIGHTS AFTER SENTENCING

You have the right to

  • Be notified of the defendant's confinement location.
  • Receive notice of the defendant's earliest release date within 30 days of your request.
  • Be informed about the defendant's transfer to a minimum-security facility, including its address.
  • Be notified about the defendant's release to a community residential program or transfer to community status.
  • Be informed of any sentence reduction due to “good time” credit.
  • Be promptly notified of any escape by the defendant.
  • Submit a written statement to the parole board regarding the defendant's release.
  • Be notified within 14 days of a parole review decision.
  • Be notified 90 days prior to the defendant's release, if possible.
  • Be informed about hearings for reprieve, commutation, or pardon of the sentence by the Governor.

LEGAL RIGHTS AS A VICTIM DURING PROSECUTION

You have the right to

  • Receive notice of scheduled court proceedings and any changes.
  • Confer with the Prosecuting Attorney before jury selection and trial.
  • Be informed if the defendant escapes custody.
  • Get written notice of the defendant's conviction.
  • Know the address and phone number of the probation department for the pre-sentence report.
  • Include your written impact statement in the pre-sentence report.
  • Make an oral impact statement to the pre-sentence investigator and at sentencing.
  • Be notified of the time and place of sentencing.
  • Request a speedy trial if you are a victim of Criminal Sexual Conduct or Child Abuse.

RIGHTS AS A VICTIM OF A JUVENILE OFFENDER

Crime victims have the right to be informed of their rights under the Crime Victims' Rights Act, enabling their participation in the criminal justice process. It's up to the victim to notify the appropriate agency to exercise these rights.

Within 24 hours of your first contact with a police agency, you will receive written information about:

  • Emergency and medical services
  • The Crime Victim's Compensation Board's contact details
  • The prosecuting attorney's contact information
  • The police department's phone number for investigation updates

The police must return your stolen property unless it falls under specific exceptions. Within 72 hours of a juvenile's arrest, you will be provided with the Juvenile Youth Home's phone number. If threatened by the juvenile, the prosecutor can request the court to revoke their bond.

Within 48 hours of the juvenile's preliminary exam, the prosecutor must inform you about the juvenile's plea and provide various resources, including this brochure. If the juvenile pleads guilty, you will be updated on the case disposition. You can request to be notified about court proceedings and consult with the prosecutor regarding the case.

The court should provide a separate waiting area for you, if possible, and may protect your personal information if you have safety concerns. Minors may expedite trials, and you have the right to be present throughout the trial, except as a witness.

You may provide a statement during the disposition process, detailing any harm or losses you've suffered, which will be available to the juvenile unless otherwise ordered by the court. Restitution must be made to victims for physical or financial harm.

You will be notified about the juvenile's appeal and any changes in custody status. The juvenile cannot profit from associated earnings until restitution is received. The Department of Social Services (DSS) will also notify you of the juvenile's escape, transfer, or release, and of custody hearings until age 21. The prosecutor will inform you of the case's final disposition and any expungement requests.

Remember, many of your rights are available only upon request. If you choose to exercise them, notify the proper agency and keep your contact information updated.