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Vermont - Crime Victims' Rights

Rights Granted to Victims of a Crime in Vermont

By Charles Montaldo, About.com

Victims' Rights For Victims of Crimes

Victim Advocates Provide:
  • Short-term counseling and support.
  • Referrals to other places that can help you.
  • Help getting paid back if you missed work and lost money from your job because of the crime.
  • Help applying for Victims’ Compensation.
  • Help with paperwork, like filling out forms or figuring out restitution requests.
  • Help getting protection form the police if anyone tries to keep you from cooperating with the court system.
  • Help getting your belongings back if they were taken for evidence.
  • Help getting transportation to court.

Your Rights When the Defendant is Arraigned

You have the right to be in court for the defendant's arraignment.

You have the right to be told by the prosecutor's office of issues concerning the defendant being released on bail.

At your request, you have the right to know if the defendant is released into the community, and the terms of his or her Conditions of Release.

Your Rights Throughout the Court Process

  • You have the right to be treated with courtesy and sensitivity by the court system.
  • You have the right to be told about court proceedings regarding your case including scheduled changes and the result of the proceedings.
  • During the deposition you can have an advocate with you, or a support person who is an adult and not a witness in the case.
  • You are entitled to a witness fee when you testify.
  • You do not have to answer questions about the case outside of a courtroom or a deposition.
  • You may be present at most court hearings.
  • Your boss cannot fire or punish you if you miss work because you had to testify in court or at a deposition.
  • You have the right to be told of any delays because of motions.
  • You should be informed and your opinion heard if the lawyers are talking about a possible plea agreement.

Your Rights if the Defendant is Convicted

  • You have the right to attend the defendant's sentencing hearing.
  • The Victim Advocate can help you with transportation to court for the sentencing hearing.
If you attend the hearing, you have the right to express your views.

You have the right to know what a prison sentence means in terms of the actual time a defendant will serve, and the earliest and latest times a defendant will be released.

If you are a minor (under age 18) or if you cannot act on your own behalf, a family member may act as your representative at the sentencing hearing.

Your Rights While the Defendant is in Prison or on Probation

You have the right to be informed promptly if a defendant is to be released on probation or furlough.

You should also notified of a defendant's escape, recapture, death, pardon, or if the sentence is made less severe. To get this information you will need to submit a "Release Notification Form" and send it to the Corrections department.

If you request it, you can be told of the defendant's general compliance with conditions of probation.

Parole Hearings

You should be informed by the Department of Corrections 30 days before a defendant's parole board hearing is scheduled. You have a right to attend or make your views known to the parole board, in person or by letter.

Unless you permit it, the defendant may not be present while you speak to the parole board, although he or she has the right to know what you have written or said.

Your Rights During Post-Trial Litigation: Appeals and PCRs

You have the right to be promptly informed by the prosecutor's office about the status of the case throughout these proceedings, and to be told what the different issues mean.

More Information About Your Rights

You have the right to seek restitution at the end of a case.

You have the right to seek civil damages and to pursue a lawsuit against the offender for money damages.

For more information visit Vermont Office of Attorney General

Source: Vermont Office of Attorney General

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