Crime victims have the right to be:
- Informed of emergency services, crime victims compensation, community treatment programs and the criminal justice process.
- Notified when the accused is arrested.
- Informed about protection from harassment, intimidation and retaliation.
- Notified of important occurrences in their case.
- Consulted on any plea bargain agreement.
- Assisted in contacting employers when prosecution requires much time away from work.
- Given back their property held as evidence as soon as possible.
- Heard by means of a victim impact statement before sentencing of a defendant.
- Notified by the Attorney General's Office if a conviction is appealed and of any decision by the court.
Prosecutor's Roles and Responsibilities
Attorneys for the Commonwealth shall make a reasonable effort to ensure that victims and witnesses are promptly notified of scheduling changes that affect their appearance in court.If possible, attorneys for the Commonwealth will also provide notification of:
- Judicial proceedings or schedule changes relating to the case.
- Arrest of the defendant.
- Defendant's release on bond.
- Charges filed against the defendant.
- Trial date.
- Changes in custody of the defendant.
- Changes in the trial date.
- Trial verdict.
- Right to submit a victim impact statement to the court prior to sentencing.
- Sentencing date.
- Parole board hearing.
- Case dismissal.
- Release of defendant.
- Negotiated plea.
- Defendant's entry into pre-trial diversion program.
Defense Attorney's Responsibilities
The Constitutions of the United States and Kentucky require that all persons accused of a crime have a fair trial. The role of the defense attorney is to provide representation for an accused person and protect his or her right to a fair trial. The defendant, or his attorney, has the right to question all witnesses at trial or in other court proceedings (except grand jury). A victim or witness is not required to discuss the crime outside of court unless served with a court order.Protection from Intimidation
It is against the law for anyone to attempt to intimidate, harass, bribe, tamper with or retaliate against a victim of, or a witness to, a crime. If you believe that any of the above has happened to you, or if it should occur in the future, contact the law enforcement agency handling your case immediately.Crime Victims Compensation
Any person who is an innocent victim of a criminal act, including victims of drunk drivers, who has suffered bodily or psychological injury or death, or who has lost earnings or support may apply to the Crime Victims Compensation Board for compensation.In order to be eligible for benefits, you must file an application usually not later than one year after the crime, nor later than one year after the death of the victim.
For more information on compensation requirements and policies visit the [linkurl=http://www.law.state.ky.us/victims/rights.htm#witness]Kentucky Attorney General's Website.[/link]
