when do you need a victim's attorney

If you are injured due to a home invasion robbery, negligent or inadequate security on commercial property or within a business establishment as a result of a criminal act, you need an experienced attorney to pursue your crime victim’s claim for full and fair compensation for your injuries.

Full Answer

When 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. Marsy’s Law (also known as the Victim’s Bill of Rights) states that:

Do I need a lawyer for a domestic violence case?

Otherwise, you need get a lawyer only if you feel that the prosecutor is not looking out for your interests. It is not necessary, unless you are considering trying to civilly sue your assailant. Generally, a victim does not need his or her own attorney.

What should a victim’s attorney do for the victim?

Although relating sensitive details can be difficult for crime victims, they should feel as comfortable as possible in fully disclosing all details and information to their attorneys. Attorneys should be able to explain effectively important aspects of legal proceedings to victims and they should be responsive to victims’ needs and requests.

How can the National Crime Victim Bar Association Help Me?

The National Crime Victim Bar Association maintains a nationwide network of attorneys who are dedicated to helping victims of crime rebuild their lives through the Civil Justice system. If you are the victim of a crime and are interested in receiving a referral for a civil attorney, please complete the form here.

Who are to be considered the victims?

A victim is defined as a person who has suffered physical or emotional harm, property damage, or economic loss as a result of a crime.

Are victims ignored by the criminal justice system?

have repeatedly shown that too often the victim has been the "forgotten person" in the criminal justice system. It has been noted that with few exceptions, victims and witnesses are either ignored by the system or simply used to identify offenders.

Do prosecutors represent crime victims?

The prosecutor generally serves the public and not any particular government agency, law enforcement officer or unit, witness or victim.

What happens if victim doesn't show up for court UK?

If you fail to attend the court after a witness summons has been issued, a warrant for your arrest would then be granted. Also, making an excuse that you are ill for example is not good enough.

How do you ensure justice for the victim?

States should consider incorporating into the national law norms proscribing abuses of power and providing remedies to victims of such abuses. In particular, such remedies should include restitution and/or compensation, and necessary material, medical, psychological and social assistance and support.

When can court make an order for compensation to victim?

Compensation can be granted under the schemes enacted under section 357A CrPC in four scenarios: (i) in case of Conviction, (ii) in case of Acquitta, (iii) when accused is discharged, and (iv) when the offender is neither traced nor identified. The process of Victim Compensation is set into motion through two methods.

What is one reason prosecutors may decide to dismiss cases?

After charges are filed, prosecutors and sometimes courts may dismiss such charges for some of the same reasons that charges are dropped before being filed. Evidence may be poor, witnesses may be unavailable or illegal tactics may have been used to gather evidence or make arrests.

Is a witness statement enough to convict?

What is reassuring for defendants is that whilst a signed statement from a complainant is enough for a charge, it is not necessarily enough to secure a conviction. The complainant must be able to convince the jury or magistrates that the defendant is guilty beyond reasonable doubt.

Why do prosecutors sometimes choose not to prosecute criminal cases?

Prosecutors are supposed to both enforce the law and "do justice." Doing justice means that a prosecutor occasionally decides not to prosecute a case (or files less severe charges) because the interests of justice require it, even if the facts of the case might support a conviction.

Can a victim withdraw a statement?

Once you have made a victim personal statement you cannot withdraw or change it. However, if you feel you have found further longer term effects of the crime you may be able to make another statement that updates the information provided in the first one.

Can you refuse to go to court as a victim?

Only a small number of cases end up in court, but as a victim or witness of a crime if you're asked to give evidence in court, you must go. You'll only have to go to court if the defendant (the person accused of the crime):

What evidence is needed for assault?

Some types of strong evidence needed for assault charges include police reports, testimony from eyewitnesses, medical records (if applicable), and various other items that may be relevant to the assault incident.

How are victims being treated under our criminal justice system?

Victims should be treated with dignity and respect in all interactions with the police or investigating authorities, legal professionals, judicial staff and others involved in the judicial process: procedures and communications should be "victim sensitive" and those interacting with victims should seek to act with ...

How does the victims of crime feel about their treatment by the criminal justice system?

Victims should be treated with compassion and respect for their dignity. They are entitled to access to the mechanisms of justice and to prompt redress, as provided for by national legislation, for the harm that they have suffered.

Why do some crime victims feel mistreated by the justice system?

Why do some crime victims feel mistreated by the justice system? The system focuses on finding and punishing the offender; police and lawyers often question victims closely, in an unsympathetic manner; victims do not always receive assistance that covers their medical expenses and other losses.

What is the role of the victim in the criminal justice system?

Victims in role of witness are obliged to provide information, and they may feel that they have no power. They may be asked questions by the judge, the public prosecutor, and/or the defense lawyer, which they feel they need to answer.

Can you get full custody of your child if you are not with the abuser?

If your abuser is the parent of your child or children, whether you live together or not, you want to gain full custody based on current litigation or the abuser’s history. Your children deserve to be protected. You should not have to worry about your kids when they are not with you. Your attorney can also include your children in your protection order.

Do you need a restraining order if you are abused?

Often those who are abused eventually need a restraining order. Those who abuse do not always have an understanding that what they have done is wrong. Even if they do, they may want the opportunity to make it up to you. You may no longer live together, but they may show up at your work or other places you frequent. A restraining order drawn up with the assistance of an attorney specializing in domestic violence will protect you better than a standard restraining order drawn up by the courts.

What is it called when you commit a crime against someone?

When you commit crimes of violence against someone with whom you have been or are currently in an intimate relationship, it’s called domestic violence . What many people don’t realize, however, is what that actually means according to Colorado law.

Do I need a lawyer for domestic violence?

Do I need a lawyer? Occasionally, the victim in a pending domestic violence matter may require the advice of an attorney. One circumstance in which the victim may wish to speak to an attorney is if the victim’s Fifth Amendment rights are implicated.

Can you testify against someone who is in the 5th amendment?

If your Fifth Amendment rights are in fact implicated, and you do plead the 5th, you may still be forced to testify if the prosecution grants you immunity. Immunity takes one of two forms: use immunity, where a witness may be prosecuted, but his testimony cant be used against him, and transactional immunity, where the witness is immune from prosecution for offenses related to that testimony.

Do I need a lawyer?

Occasionally, the victim in a pending domestic violence matter may require the advice of an attorney. One circumstance in which the victim may wish to speak to an attorney is if the victim’s Fifth Amendment rights are implicated. In other words, a victim way want to speak to an attorney if they, by testifying in the criminal proceeding against the defendant, may incriminate themselves.

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, ...

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 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.

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.

What should victims be clear about?

Victims should be clear about what they wish their attorneys to do , and attorneys should be clear about what services they are providing. Understanding each other’s expectations, as well as avoiding unrealistic expectations, can minimize the possibility of disappointments and frustration.

What is the National Crime Victim Bar Association?

The National Crime Victim Bar Association maintains a nationwide network of attorneys who are dedicated to helping victims of crime rebuild their lives through the Civil Justice system. If you are the victim of a crime and are interested in receiving a referral for a civil attorney, please complete the form here.

What does VIA stand for?

Were you referred to this service by Voice in Action (VIA)? *

What is a productive attorney-client relationship?

A productive attorney-client relationship is based upon the ability of both sides to communicate fully and effectively with each other. Although relating sensitive details can be difficult for crime victims, they should feel as comfortable as possible in fully disclosing all details and information to their attorneys.

What should a victim know before signing a retainer agreement?

Prior to signing a contract for attorney representation (a retainer agreement), victims should fully understand all the details of the contract. If victims have questions, they should feel comfortable in discussing them with the attorneys. If questions persist, local bar association personnel may be able to explain laws, regulations, and common practices pertaining to contracts with attorneys.

Should victims consult with lawyers?

Victims should feel free to consult with several lawyers before selecting one. Lawyers are professionals, and it is good consumer practice to obtain a second opinion in selecting professional legal counsel. Victims should cooperate as fully as possible with their attorneys.

Should victims cooperate with their attorneys?

Victims should cooperate as fully as possible with their attorneys . Such cooperation is essential for successful representation of their interests. By the same token, victims have the right to expect their attorneys to be understanding, respectful, and responsive to their needs.

Do victims need their own attorney?

Generally, a victim does not need his or her own attorney. The prosecuting agency (the Stae's Attorney or District Attorney or other name depending on the state) will have a prosecutor who will work with you and do their best to present your case.#N#In many instances, however, such as with financial crimes, or if you feel you are...

Do you need an attorney for a victim witness?

You do not need your own attorney. In a way, the prosecutor is your attorney. The prosecutor will be looking out for your interests, and the interests of the community. There should also be a victim witness advocate in the office who can help you with your questions and also with such things as compensation for out-of-pocket expenses and getting counseling, if needed.