how come a criminal gets an attorney but a victim doesn't

When does a victim need a criminal defense attorney?

There may be countless reasons for which a victim in a criminal matter feels that he or she needs legal representation or legal consultation. If the victim wishes, they are free to seek advice from a criminal defense attorney.

How can a private attorney help a crime victim?

Working with a private attorney means that crime victims will have a dedicated advocate to appear in court and object to any proposed plea deals. While it doesn’t guarantee that a particular case will go to trial, it often has a profound effect on the judge and may cause them to re-evaluate the parameters of the agreement.

What happens if the victim doesn't show up to court?

If the victim doesn't show up again, the case will be dismissed without prejudice which means the case could be re-filed. If the victim doesn't show up at trial, the case will probably be dismissed unless the prosecution can still meet their burden of proof with other witnesses.

What happens to victims after the criminal process has run its course?

Crimes such as assault, rape, domestic violence and child abuse take a tremendous toll on victims. Yet, after the criminal process has run its course, far too many victims end up feeling abandoned and forgotten. Some even feel that way during the criminal process. And that’s not surprising.

Can a victim drop criminal charges in Canada?

In Canada victims do not get to drop charges against an accused. However, what they say may influence a prosecutor. Prosecutors withdraw charges when they feel that prosecuting is not in the public interest or that there is no reasonable chance of getting a guilty verdict.

Can police press charges if victim doesn't want to in California?

It simply means that a case can be filed over even the strong objection of the victim of the alleged crime. The victim's wishes can, particularly in certain types of cases, have a significant impact on the reviewing prosecutor's decision-making process.

Why do prosecutors sometimes choose not to prosecute criminal cases?

Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

How do you drop charges?

Add new information to your report. You need convincing reasons to persuade a prosecutor to drop charges. This is usually comes in the form of new information, evidence, or witnesses. Note that you can't contradict your earlier statement when adding new information.

Why don't victims show up for court?

It all depends on the prosecutor, the judge, your attorney and the reason why the victim does not show up. A skilled criminal defense attorney will likely ensure that the case is dismissed in that situation. However, the judge could grant the State time to locate and bring in the victim and/or have the sheriff go and get the victim. There are also certain cases where the victim's testimony may not be necessary for a conviction and the State will simply proceed without him/her. A victim may be easily intimidated by the State- you need an attorney!

Can a case be proven without the victim?

It depends upon the type of case and the nature of the evidence that the State has other than the victim's physical testimony.#N#Some cases can be proven without the victim, other cannot...

What happens if the complaining party does not appear?

It depends on the case. Generally, if the complaining party does not appear, then the case becomes tougher, but not necessarily unprovable from the DA's perspective. Without more information, it is impossible to say.

Can a felony case be dismissed if the V is subpoenaed?

The other strong possibility is that, if the V was subpoenaed by the DA but then fails to show, the DA will likely be able to get a good cause continuance. It would probably be the very rare case where there was only one witness, so it is less likely that a dismissal would happen. And, if it is a felony case they could always dismiss ...

What Happens if the Victim Doesn't Show Up at Trial

My question involves criminal law for the state of: Alabama We are set to go to court Tuesday. My husband's ex pressed charges on me and my husband after she showed up at our house trying to start crap and me and her got into a hair pulling match.

Re: What Happens if the Victim Doesn't Show Up at Trial

The crystal ball is being recalibrated; the magic 8-ball is out of order, and Madame Zuileka has overstayed her vacation. So we can't tell you what some unknown DA will do in a hypothetical situation.

Re: What Happens if the Victim Doesn't Show Up at Trial

I'm asking in general, do they normally call and remind you of your court date the day of?

Re: What Happens if the Victim Doesn't Show Up at Trial

Around here, no. In your state and in your local court, maybe. It would be no difficult task to go fetch her to the court. Do not count on her not showing as being the end of your legal troubles as the matter can be continued or otherwise put off for another day or time if need be.

Re: What Happens if the Victim Doesn't Show Up at Trial

Most judges will not like it if the state is not ready .. its their witness .. and one has a right to face your accuser. So the state best have the witness there to testify. Many judges won't delay a trial.

Re: What Happens if the Victim Doesn't Show Up at Trial

The D.A. will more likely remind them as they would be a key witness for their case. She might not come which would help, but even without her there may be enough evidence to prosecute a victim is not required to be there for charges to be pressed or else there wouldn't be many murder prosecutions.

What to do if victim decides to make calls?

If the victim decides she wants to make the calls, be sure and help her put together her message. Rambling, emotional messages from victims can unfortunately have the opposite effect of souring the attorney to the case.

Who makes the decision of whether or not to file charges and pursue prosecution?

If you've ever worked with victims of violence against women you're no doubt already familiar with the many fears and anxieties that make some women reluctant to push the case forward. Naturally, it's important to explain to her that ultimately, it's the district attorney, and the district attorney alone, who makes the decision of whether or not to file charges and pursue prosecution. Nonetheless, victim input can significantly influence these decisions. In fact, all too often, as you've probably also experienced, too many district attorneys will grasp at the first possible excuse to keep from working the case. So when you're client is uncertain about going forward with prosecution, it's critical to have a heart to heart discussion with your client, focusing on that issue alone.

What information can you get from a court case?

The computer data bases they're consulting usually contain extensive information on the case, the suspect, and related court proceedings, including such information as detailed minutes of the last court hearing, details of plea agreements, probation conditions, and much more.

How long does it take for a suspect to be released from jail?

If this arraignment doesn't happen within 48 hours of arrest, then the jail must set the suspect free. This means that if the suspect is in custody, the DA must review the police report and decide which, if any, charges to file well within the 48 hour period, or the suspect will be set free.

How long does it take to get a charge filed in California?

This is because any suspect who is in custody has a right to appear before a judge and be informed of the charges filed against him within 48 hours (in California) (not counting days when the courts are closed). (The time frame may vary slightly in other states.)

Why do women wait to hear from the DA?

Sometimes weeks go by without communication only because women aren't quite sure how it's all supposed to work.

How long does it take for a police report to be sent to the DA?

There shouldn't be any more than a 24 hour delay in the transition, since police reports are generally sent daily to the DA by a special courier. Furthermore, cases are usually logged into the DA computer as soon as they arrive at the DA's office. Unfortunately, there are some police who will tell you the case has been sent to the DA when it's simply not true. Some do this as a way of brushing you off.

Why is the criminal justice system important?

While the criminal justice system plays an indispensable role in our society, it doesn’t always fully address the concerns of victims. The system is primarily geared toward protecting the rights of the accused. Because the prosecution must prove guilt beyond a reasonable doubt, criminal investigations might not always lead to charges. And even cases that result in charges could eventually end in dismissal or acquittal.

Who perpetrates child sexual abuse?

It’s a terrible reality that most instances of child sexual abuse are perpetrated by those who are known – even trusted – by the child and community at large. Clergy, teachers, youth organization leaders, relatives and other familiar adults make up the bulk of the offenders. Whether the abuse comes to light immediately or decades later, you can turn to our legal team for compassionate and sensitive representation. We’ll advocate for your rights and work tirelessly to hold the perpetrator accountable.

Can you pursue a civil claim in a criminal case?

Fortunately, regardless of the outcome of any criminal case, you may still have strong grounds for pursuing justice through a civil claim. These claims don’t involve the high “beyond a reasonable doubt” standard required in criminal cases. While they might not land the perpetrator in jail, they can help you secure accountability, compensation and closure.

Is workplace violence acceptable?

We can help you pursue the right legal action that both compensates you for your suffering and sends a strong message that workplace violence is never acceptable.

Do attorneys respect privacy?

Our attorneys respect your privacy and confidential ity, and we will handle your case with the utmost of discretion.

Has a family member been tragically taken from you by a criminal act?

As the famous O.J. Simpson case so dramatically illustrated, family members of homicide victims who were left empty-handed by the criminal justice system may nonetheless prevail in pursuing justice through a civil suit.

What happens if a victim doesn't show up at trial?

If the victim doesn't show up at trial, the case will probably be dismissed unless the prosecution can still meet their burden of proof with other witnesses. Sometimes this is possible and sometimes it isn't. It just depends on what type of case it is.

When does a victim have to show up for trial?

In other words, it depends where you are in the case. A victim usually doesn't need to show up the first day of trial. Report Abuse.

What happens if a witness fails to appear at a trial?

If the only witness to a crime fails to appear at a trial date, then there may be no evidence to proceed, and the case can be dismissed. A prosecutor may ask for an adjournment for good cause. Many judges will adjourn a matter if a witness does not appear.

What happens if a witness is not subpoenaed?

If they have not been subpoenaed, then the State might be granted a reset in order to continue to search for the witness. Finally, in some instances, the witness may not be necessary to the prosecution of the case and the case may proceed without the witness. Report Abuse. Report Abuse.

Can a witness show up at a preliminary hearing?

Automatically? NO. Generally, if the DA knows the witness isnt going to show up at a preliminary hearing or trial, then they ask the case be continued and the court issues a warrant for the witness to be brought to the next court date.

Who has the burden of proving a charge beyond a reasonable doubt?

The prosecutor has the burden of proving the charge beyond a reasonable doubt. If there are other witness who can testify and meet this burden, then the case could go forward. If there are not, the judge could adjourn the matter to allow the prosecutor to find his/her witness, or the judge could dismiss the matter.

Can a court dismiss a case without a witness?

Usually the court will allow the state some time to find their witness. If they can't, however, and they can't prove the case without the victim's testimony, they may have to dismiss it.

Why should a crime victim hire a lawyer?

For those who are victims of a crime, it can often feel like the criminal justice system is leaving them behind when it comes to addressing their needs and desires for the outcome of their case . Many victims don’t realize that only the defendant will be provided with an attorney if necessary, ...

What is the most frustrating aspect of a crime victim's case?

One of the most frustrating aspects of a crime victim’s case is that the prosecutor will sometimes try and cut a deal with the defendant’s attorney to avoid going to trial. This frequently means the defendant will receive a less severe punishment than if they had gone to trial and been convicted.

Why do people hire attorneys?

Hiring an attorney allows him or her to conduct a hearing to facilitate the victim restitution process, and often expedites the results because criminal attorneys understand how the system works better than victims do.

What is the Victim's Bill of Rights?

Marsy’s Law (also known as the Victim’s Bill of Rights) states that: It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer.

What does it feel like to see a defendant get a lighter sentence?

Seeing the defendant get a lighter punishment can, understandably, feel unfair. Watching the perpetrator walk away with only probation or a reduced sentence makes many victims feel that the trauma they suffered has been diminished by the legal system.

What are the common causes of civil cases?

Civil cases are common when: A victim is injured by a drunk driver. A landlord provides inadequate security. A school or business fails to provide a safe environment for students or employees.

Should a crime victim hire their own attorney?

If a crime victim feels that their goals and desires are different that the prosecutor’s, they should consider hiring their own attorney. This can help with several factors in their case.