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Crime Victim's Rights

CRIME VICTIM RIGHTS ATTORNEY IN PASSAIC COUNTY

NEW JERSEY CRIME VICTIM ATTORNEY

When it comes to being the victim of a crime, it is essential to remember that you are not alone. You should seek legal advice as soon as possible to begin protecting yourself from further harm or victimization. Whether it is domestic violenceassault, or any other form of crime, our firm is prepared to assist you in filing a claim and defending you in court. Our attorney, David L. Pine, is experienced in both municipal and superior court with years of experience defending those who cannot defend themselves.

CRIME VICTIM'S BILL OF RIGHTS N.J.S.A. 52:4B-36 (Amended October 6, 2012)

A crime victim in New Jersey is entitled to: 

  1. To be treated with dignity and compassion by the criminal justice system.

  2. To be informed about the criminal justice process.

  3. To be free from intimidation, harassment, or abuse by any person including the defendant or any other person acting in support of or on behalf of the defendant, due to the involvement of the victim or witness in the criminal justice process.

  4. To have inconveniences associated with participation in the criminal justice process minimized.

  5. To make at least one telephone call provided the call is reasonable in length and location.

  6. To medical assistance reasonably related to the incident.

  7. To be notified in a timely manner, if practicable, if presence in court is not needed or if any scheduled court proceeding has been adjourned or canceled.

  8. To be informed about available remedies, financial assistance, and social services.

  9. To be compensated for loss sustained by the victim whenever possible.

  10. To be provided a secure, but not necessarily separate, waiting area during court proceedings.

  11. To be advised of case progress and final disposition and to confer with the prosecutor's representative so that the victim may be kept adequately informed.

  12. To the prompt return of property when no longer needed as evidence.

  13. To submit a written statement, within a reasonable amount of time, about the impact of the crime to a representative of the prosecuting agency which shall be considered prior to the prosecutor's final decision concerning whether criminal charges will be filed, whether the prosecutor will consent to a request by the defendant to enter into a pre-trial program, and whether the prosecutor will make or agree to a negotiated plea.

  14. To make, prior to sentencing, an in-person statement directly to the sentencing court.

  15. To have the opportunity to consult with the prosecuting authority prior to the conclusion of any plea negotiations, and to have the prosecutor advise the court of the consultation and the victim's position regarding the plea agreement, provided however that nothing herein shall be construed to alter or limit the authority or discretion of the prosecutor to enter into any plea agreement which the prosecutor deems appropriate.

  16. To be present at any judicial proceeding involving a crime or any juvenile proceeding involving a criminal offense except as otherwise provided by Article I, paragraph 22 of the New Jersey Constitution.

  17. To be notified of any release or escape of the defendant.

  18. To appear in any court before which a proceeding implicating the rights of the victim is being held, with standing to file a motion or present argument on a motion filed to enforce any right conferred herein or by Article I, paragraph 22 of the New Jersey Constitution, and to receive an adjudicative decision by the court on any such motion. 

A victim's survivor is entitled to:

  1. A victim's survivor may, at the time of making the in-person statement to the sentencing court authorized by subsection. n. section 3 of P.L.  1985, c.249 (C.52:4B-36), display directly to the sentencing court a photograph of the victim taken before the homicide including, but not limited to, a still photograph, a computer-generated presentation or a video presentation of the victim. The time, length, and content of such presentation shall be within the sound discretion of the sentencing judge.

  2. A victim's survivor may, during any judicial proceeding involving the defendant, wear a button not exceeding four inches in diameter that contains a picture of the victim, if the court determines that the wearing of such button will not deprive the defendant of his right to a fair trial under the Sixth Amendment of the United States Constitution and Article I of the New Jersey Constitution. Other spectators at such judicial proceedings may also wear similar buttons if the court so determines. If the victim's survivor seeks to wear the button to trial, the victim's survivor shall give notice to the defendant and to the court no less than 30 days prior  to the final trial date.

BEGIN PROTECTING YOURSELF TODAY

Thousands of individuals become victims of crime every day, but becoming a victim allows access to certain rights you may not be aware of. As part of the New Jersey Constitution, article 1, section 22, you are subject to rights as a victim of crime. These rights include compassion, fairness, respect, and not being denied the right to appear at a public judicial proceeding; unless otherwise stated.

Also, the New Jersey Constitution defines what qualifies as being a victim of a crime: homicides where you are the sibling, child, grandparent, legal guardian, parent, or spouse of the individual that was killed; or being subject to psychological or physical injury, as well as, if someone has been party to loss or damages due to another individual.

 

CONTACT OUR EXPERIENCED CRIME VICTIM ATTORNEY TODAY

It is vital to become aware of these as it could work to better inform and protect you in the early days before you can seek legal counsel. With over 30 years of experience, our firm has handled cases throughout Passaic County for those that require legal assistance concerning criminal legal situations. Our primary goal is to ensure you get the best possible results in your case and never feel as though you are facing the courts alone. With years of experience with the criminal justice system, our attorney is prepared to guide you through the entire case.

 

Are You A Victim of Crime?

We Stand Up For Your Rights.

Need help resolving your legal case?

Call the Law Offices of David L. Pine to schedule a confidential consultation.

Contact Us Today!

Call (201) 254-9925 around the clock for your free consultation with a proven criminal defense lawyer in Passaic County!

12-67 River Road
Fair Lawn, NJ 07410
201-254-9925
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