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FREQUENTLY ASKED QUESTIONS (FAQS) -MARSY'S LAW

  • What is The Victims' Bill of Rights?
  • Can I find out when is the next court date and in which courtroom the case is set?
  • If I suffered financial losses due to a defendant's criminal conduct, will I receive restitution?
  • Can I find out whether the defendant is in custody?
  • How do I obtain a protective or restraining order?
  • What are my rights as a victim?
  • What is California's Crime Victim Compensation Program?
  • What types of losses may be covered by the California's Crime Victim Compensation Program?
  • Who is eligible for assistance under California's Crime Victim Compensation Program?
  • Assuming I am eligible for assistance, how do I qualify for California's Crime Victim Compensation Program?
  • Where can I find more information regarding the Victim of Crime Compensation Program?
  1. What is The Victims' Bill of Rights?
    • On November 4, 2008, the voters of California approved Proposition 9, the Victims' Bill of Rights Act of 2008: Marsy's Law. This initiative amended the California Constitution and statutory provisions to provide additional rights to victims. It is generally known as Marsy's Law.

  2. Can I find out when is the next court date and in which courtroom the case is set?
    • Under Marsy's Law, a victim has the right upon request to know the current status of your court case. Contact the prosecutorial office that is prosecuting the case and let them know you are a victim on a case that has been filed and that you want to know the status of the case.
    • This information can be found on the Los Angeles Superior Court's website, www.lasuperiorcourt.org/onlineservices/criminalindex/index.asp. PLEASE NOTE: The Superior Court charges a $4.75 access fee for this service.

  3. If I suffered financial losses due to a defendant's criminal conduct, will I receive restitution?
    • The court upon conviction can order a defendant to pay restitution to you upon proof of your losses (for example, medical expenses or personal property losses).

  4. Can I find out whether the defendant is in custody?
    • Inmate information may be found on the Los Angeles Sheriff's Department's Inmate Information Center available online at: http://app4.lasd.org/iic/ajis_search.cfm. You may also contact the Los Angeles Sheriff's Department by calling (213) 473-6080.

  5. How do I obtain a protective or restraining order?
    • For an emergency protective order, contact your local police agency.

  6. What are my rights as a victim?
    • For an emergency protective order, contact your local police agency.
      1. Choose to be informed about the status of your court case.
      2. Be provided assistance if you are called as a witness.
      3. Attend sentencing proceedings.
      4. Express your views concerning the defendant and how the crime has affected you and your family.
      5. Request the court to order restitution from the convicted offender.
      6. Choose to receive notice of hearings considering issues concerning parole for a prisoner in your case.
      7. Express your views about the crime and the prisoner during such hearings.


  7. What is California's Crime Victim Compensation Program?
    • According to California law, victims of crime who qualify for coverage may receive financial assistance for certain types of losses resulting from that crime under specified conditions. Specifically, when they cannot be reimbursed by other sources.

  8. What types of losses may be covered by the California's Crime Victim Compensation Program?
      1. Lost Wages
      2. Lost Financial Support
      3. Medical Expenses (including Emotional/Mental Health Counseling)
      4. Dental Expenses
      5. Job Retraining Expenses
      6. Burial Expenses
    • Losses not covered by the program may still be recovered. Specifically, victims may also request court-ordered restitution as a part of an offender's sentence or bring a civil lawsuit against an offender.

  9. Who is eligible for assistance under California's Crime Victim Compensation Program?
    • Victims of crime are eligible for assistance under California's Crime Victim Compensation Program. A "victim" is defined under the California Constitution as:
      1. [A] person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act.
      2. The term 'victim' also includes the person's spouse, parents, children, siblings, or guardian, and includes a lawful representative of a crime victim who is deceased, a minor, or physically or psychologically incapacitated.
      3. The term 'victim' does not include a person in custody for an offense, the accused, or a person whom the court finds would not act in the best interests of a minor victim.


  10. Assuming I am eligible for assistance, how do I qualify for California's Crime Victim Compensation Program?
    1. The crime must have been reported to law enforcement.
    2. The victim must have cooperated with law enforcement in the investigation of any known suspects and cannot have contributed to the events leading up to the crime.


  11. Where can I find more information regarding the Victim of Crime Compensation Program?
    • You may contact the Victim Compensation and Government Claims online at http://www.vcgcb.ca.gov/ or by phone at 1 (800) 777-9229.


 


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