"Victims' Rights" - Idaho

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MISDEMEANOR PROCEDURE CHART
YOUR CASE INFORMATION
Victims’
Offense
Case #:___________________________________________
C o m p a n y N a m e
Police/Sheriff
Rights
Detective:_________________________________________
Phone #:__________________________________________
Prosecutor
Complaint
Crime in Idaho touches us all. When one person
Prosecuting Attorney:_______________________________
hurts, we all – as a state – suffer. It is the job of
Phone #:__________________________________________
Arraignment & Plea
the criminal justice system to protect, support,
and serve our communities. Most citizens do not
Guilty Plea
Plea of Not Guilty
Victim Assistance Advocate/Coordinator:
learn about the criminal justice system until they
_________________________________________________
become victims of crime – the worst possible
Phone #:__________________________________________
Sentencing
Pre-trial Conference
time to try to understand the complex roles and
Conviction
responsibilities of each of the “players” in the
system.
Trial
Date of Arraignment:________________________________
Courtroom:________________________________________
Local Jail
Acquittal
Probation,
Community Service,
Date of Preliminary Hearing/Grand Jury:________________
Fine, etc...
Courtroom:________________________________________
FELONY PROCEDURE CHART
Date of District Court:_______________________________
Offense
Arraignment:______________________________________
Courtroom:________________________________________
Police/Sheriff
Prosecutor
Conference w/Prosecutor:____________________________
Grand Jury
Complaint
First Appearance
OR ENTRY OF GUILTY PLEA:______________________
Indictment
(Magistrate Court)
Preliminary Hearing
Presentence Investigator:_____________________________
Information
The public has gained a better understanding of
Phone #:__________________________________________
the impact of crime on victims. As a result of
Arraignment
assertive advocacy, crime victims have gained
(District Court)
Date of Sentencing:_________________________________
many rights within our criminal justice system.
Guilty Plea
Not Guilty Plea
Location of Sentencing Hearing:_______________________
As a crime victim, this pamphlet will help you to
Presentence
Pre-trial Conference
learn about your rights.
Investigation
File for Restitution:_________________________________
Acquitted
Trial
Published as a Public Service by the
(Not Guilty)
Idaho Council on Domestic Violence and Victim Assistance
Conviction (Guilty)
Sentencing
Review of Presentence Report:________________________
_________________________________________________
COPYING IS ENCOURAGED
Incarceration
Probation, Local Jail,
_________________________________________________
Fine, Community
Board of Corrections
_________________________________________________
Service
_________________________________________________
MISDEMEANOR PROCEDURE CHART
YOUR CASE INFORMATION
Victims’
Offense
Case #:___________________________________________
C o m p a n y N a m e
Police/Sheriff
Rights
Detective:_________________________________________
Phone #:__________________________________________
Prosecutor
Complaint
Crime in Idaho touches us all. When one person
Prosecuting Attorney:_______________________________
hurts, we all – as a state – suffer. It is the job of
Phone #:__________________________________________
Arraignment & Plea
the criminal justice system to protect, support,
and serve our communities. Most citizens do not
Guilty Plea
Plea of Not Guilty
Victim Assistance Advocate/Coordinator:
learn about the criminal justice system until they
_________________________________________________
become victims of crime – the worst possible
Phone #:__________________________________________
Sentencing
Pre-trial Conference
time to try to understand the complex roles and
Conviction
responsibilities of each of the “players” in the
system.
Trial
Date of Arraignment:________________________________
Courtroom:________________________________________
Local Jail
Acquittal
Probation,
Community Service,
Date of Preliminary Hearing/Grand Jury:________________
Fine, etc...
Courtroom:________________________________________
FELONY PROCEDURE CHART
Date of District Court:_______________________________
Offense
Arraignment:______________________________________
Courtroom:________________________________________
Police/Sheriff
Prosecutor
Conference w/Prosecutor:____________________________
Grand Jury
Complaint
First Appearance
OR ENTRY OF GUILTY PLEA:______________________
Indictment
(Magistrate Court)
Preliminary Hearing
Presentence Investigator:_____________________________
Information
The public has gained a better understanding of
Phone #:__________________________________________
the impact of crime on victims. As a result of
Arraignment
assertive advocacy, crime victims have gained
(District Court)
Date of Sentencing:_________________________________
many rights within our criminal justice system.
Guilty Plea
Not Guilty Plea
Location of Sentencing Hearing:_______________________
As a crime victim, this pamphlet will help you to
Presentence
Pre-trial Conference
learn about your rights.
Investigation
File for Restitution:_________________________________
Acquitted
Trial
Published as a Public Service by the
(Not Guilty)
Idaho Council on Domestic Violence and Victim Assistance
Conviction (Guilty)
Sentencing
Review of Presentence Report:________________________
_________________________________________________
COPYING IS ENCOURAGED
Incarceration
Probation, Local Jail,
_________________________________________________
Fine, Community
Board of Corrections
_________________________________________________
Service
_________________________________________________
WHAT ARE SOME OF MY RIGHTS?
Victims
are
responsible
for
RIGHTS FOR CRIME VICTIMS
The Idaho Code § 19-5306, statutory provisions provides
keeping the Court informed of
In 1994, Idaho voters added
that crime victims shall be:
their address for the purpose of
Rights for Crime Victims to the
Idaho
Constitution.
The
notification. You MUST inform the
TREATED FAIRLY
amendment can be found in
District Court Clerk whenever you
Treated with fairness, respect, dignity and privacy throughout
article I, Section 22 of the Idaho
move or change phone numbers.
the criminal justice process.
Constitution. In addition, Idaho
The Clerk is required to keep this
law was amended, Idaho Code
INVOLVED IN COURT
information confidential.
§ 19-5306, to provide victims
Permitted to be present at all criminal justice proceedings or
certain rights.
juvenile proceedings including probation proceedings (you are
THERE IS HELP!
responsible for your own expenses).
If you are a victim of a violent crime possible payment
of medical bills, lost wages, counseling, funeral bills
CONSIDERED CONCERNING TIMELINESS
WHICH CRIMINAL OFFENSES EQUIP VICTIMS WITH
and more is available through Idaho's Crime Victims'
Entitled to a timely disposition of the case.
RIGHTS?
Compensation Program: (1-800-950-2110)
For
Any charged felony or misdemeanor involving
further information on victim compensation, please
NOTIFIED
physical injury or threat of physical injury, sexual
refer to title 19, chapter 53, Idaho Code and title 72,
Given prior notification of trial court, appellate and parole
offenses, and juvenile offenses that is a violation of
chapter 10, Idaho Code.
proceedings and provided, upon request, information about the
law that brings a juvenile within the purview of title
sentence, incarceration, placing on probation or release of the
20, chapter 5, Idaho Code and involved acts that
In addition to this basic help:
defendant.
would be considered felonies if committed by adults.
If you are a victim of rape: The law requires the
HEARD
referring law enforcement agency to pay hospital costs
Heard, upon request, at all criminal justice proceedings
of evidence collection for rape victims.
WHO IS A VICTIM OF CRIME?
considering a plea of guilty, at sentencing, incarceration,
Any individual who suffers direct or threatened
placing on probation or release of the defendant unless
If you are a victim of domestic violence: If there is a
physical, financial or emotional harm as a result of a
manifest injustice would result.
threat of further violence by a family or household
crime or juvenile offense.
Rights apply to the
member you may file for a civil protection order at
immediate families of homicide victims, or victims
INVOLVED IN PLEA BARGAINS
your county courthouse.
They are issued on an
Afforded the opportunity to communicate with the prosecution
who are unable to exercise these rights, such as
emergency basis. There is no charge for this service.
in criminal or juvenile offenses, and be advised of any proposed
children. The court may designate someone from
plea agreement prior to entering into a plea agreement.
the family to exercise these rights.
FOR MORE INFORMATION ABOUT FREE SERVICE FOR
CRIME VICTIMS, CONTACT YOUR LOCAL LAW
NOT HARASSED
ENFORCEMENT OR VICTIM ADVOCATE AGENCY.
Allowed to refuse an interview, ex parte contact or other
WHEN DO VICTIMS' RIGHTS BEGIN?
request by the defendant or any other person acting on his/her
When a criminal complaint or juvenile petition is
CHARGES
behalf, unless such request is authorized by law.
filed by the prosecuting attorney. This is when a
There are two types of charges: misdemeanor and
case is filed with the court (charged), NOT when a
felony. A misdemeanor crime is tried in Magistrate
INVOLVED IN SENTENCING
statement is given to an officer. To exercise your
Court and the sentence may be given at the
Consulted by the presentence investigator during the
rights as a victim, you must make a written request
preparation of the presentence report and have included in that
arraignment (without involvement of the prosecuting
to the District Court on the form which can be
report an impact statement in which the defendant's criminal
attorney), or when the defendant is found guilty.
obtained from the prosecuting attorney.
conduct had upon the victim. The victim shall be allowed to
Felonies must be tried in District Court.
read prior to the sentencing hearing the presentence report
relating to the crime.
The victim shall maintain the
SENTENCING
WHO IS THE PROSECUTING ATTORNEY?
confidentiality of the presentence report.
Sentencing in Idaho varies with the crime and can be
The elected or appointed official who represents the
the most confusing part of the criminal process. Most
PROPERTY RETURNED
interests of the people of the State of Idaho for the
often, sentences are at the judge's discretion.
Assured the expeditious return of any stolen or other personal
County or City in which they work. Under Idaho's
Misdemeanor offenses carry a maximum sentence of
property by law enforcement agencies when no longer needed
Constitution, they must choose which cases to
one year in the county jail. Persons convicted of a
as evidence.
prosecute or charge.
felony may be sentenced to probation, county jail,
evaluation, or the Idaho State Penitentiary.
NOTIFIED OF DEFENDANT RELEASE
Notified whenever the defendant or suspect is released or
YOUR STATEMENT AT SENTENCING IS IMPORTANT!!!
escapes from custody.
The law specifies that the law
IF YOU DO NOT STAND UP FOR YOUR RIGHTS AT
enforcement agency from whose custody the defendant is
SENTENCING, NO ONE ELSE MAY!
released or escapes shall make the notification.
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