Know Your Rights
KNOW YOUR RIGHTS AS A SURVIVOR OF CRIME
You have rights before, during, and after the criminal prosecution of your trial.
- A victim shall be treated by agents of the State with dignity, respect, and sensitivity during all phases of the criminal justice process.
- A victim has the right to be informed of their rights.
- A victim has the right to be reasonably protected from the accused.
- A victim has the right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused.
- A victim has the right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding.
- A victim has the right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole hearing.
- A victim of crime has the reasonable right to confer with the attorney for the Government in the case.
- A victim has the right to full and timely restitution as provided by law.
- A victim has the right to proceedings free from unreasonable delay.
- A victim has the right to be treated with fairness and with respect for the victim’s dignity and privacy.
- A victim has the right to be informed in a timely manner of any plea bargain or deferred prosecution agreement.
- A victim has the right to be notified of whether any DNA evidence was obtained, when it was entered into the DNA database system, and when any confirmed match of the DNA profile, official DNA case report, or DNA hit report is received.
- A victim has the right to attend any proceeding in which the right to appear has been granted to a defendant.
- A victim cannot be deprived of employment solely because of job time lost because the victim attended a proceeding that the victim has a right to attend.
- Upon request, a victim has the right to be informed of any judicial action and proceeding that affects the interests of the victim, including a bail hearing, change in the defendant’s pretrial release order, dismissal, nolle prosequi, stetting of charges, trial, disposition, and post-sentencing court proceedings.
- A victim has the right to receive information of the rights, services, and procedures that are afforded to victims, how to request information regarding an unsolved case, and how to request that an offender be placed on electronic monitoring with victim stay-away alert technology.
- A victim has the right during a trial or juvenile delinquency adjudicatory hearing to request that the court prohibit the release of the address or telephone number of the victim, unless the court determines that good cause is shown for the release of the information.
- A victim has the right to be present at the trial of the defendant or juvenile delinquency adjudicatory hearing of the child respondent after testifying.
- A victim has the right to submit a victim impact statement before sentencing of a defendant.
- A victim has the right to address the court under oath before the imposition of sentence or other disposition.
- A victim has the right not to address the court at the sentencing or disposition hearing.
- A victim has the right to request that they be notified following the conviction and sentencing of defendant of any subsequent proceedings and appeals.
- A victim has the right to be notified and have opportunity for comment before a defendant is granted work release, leave of absence, or permanent release from Patuxent Institution, the maximum security correctional facility that houses both male and female offenders.
OTHER RESSOURCESDomestic Violence:
Crime Victims and Civil Rights:
Mental Health Services: