why is the attorney contacting victim family

by Prof. Timmy Reinger Published 3 years ago Updated 2 years ago 5 min read

Often times it is necessary, in the right type of case, to contact the victim/witness simply to develop a relationship with them and obtain their version of events. In some cases where the evidence of guilt of the client is overwhelming it may be wise to make amends on your client’s behalf.

Full Answer

Can the defense team contact the victim?

Jan 29, 2020 · One of the more frequent questions I get from those who have unintentionally killed or seriously injured someone is whether to contact the victim’s family. My answer is, “Maybe.”. The impulse to apologize is powerful and a beautiful sign of humanity and caring. But in the immediate aftermath of an accident, many lawyers advise against contacting the victim’s …

Can a family law attorney help me with family violence?

Feb 07, 2018 · Your Criminal Defense Attorney Can Strengthen Your Case by Contacting the Victim. As your case moves forward, your lawyer will work to build the best defense possible, but it is important to see if there are any factors that will resolve your case before it goes to trial.

Can a victim bring her own case in Family Court?

Jan 28, 2011 · By the very least, the attorney can talk to the prosecutor and/or the judge to let them know the alleged victim or mother is trying to contact him. That might make the prosecutor not believe the victim. Bottom line: avoid the victim and victim's mother completely, ignore them, and let the attorney know about it ASAP.

How do I contact the Victim Witness Coordinator?

May 23, 2016 · Posted on May 23, 2016. As a general rule, there is nothing to stop a defendant from contacting or talking to the victim or the victim's family. HOWEVER, there CAN be bond conditions and or Protective Orders that order the defendant not to do things. Violating a Protective Order or a condition of bond can a criminal offense that could be either a …

What is the basic rights of a victim?

These federal and state provisions generally articulate the following rights for victims throughout the criminal justice process: to be informed of proceedings and events; to attend proceedings and be heard; to proceedings free from unreasonable delay; to privacy and protection from intimidation and harassment; to ...

Do victims have the right to be heard?

Most jurisdictions give victims the right to be heard by the court or another authority, such as the parole board, before major decisions are made. The most common stage for this during the criminal justice process is at sentencing. Every state allows some form of victim impact information at sentencing.

What is victim notice?

The right to notice and to a hearing before a court ruling on a request for access to any of my records, information, or communications which are privileged or confidential by law. □ The right to timely notification of all court proceedings. □ The right to communicate with the prosecution.

What is the purpose of victims Rights?

Victims' rights are legal rights afforded to victims of crime. These may include the right to restitution, the right to a victims' advocate, the right not to be excluded from criminal justice proceedings, and the right to speak at criminal justice proceedings.

What is the most important victim right?

Respect and Recognition. Under the heading access to justice and fair treatment, the United Nations Declaration states: " Victims should be treated with compassion and respect for their dignity." In fact, the first and most fundamental need for victims is recognition. Human dignity is a fundamental right.

Can victims appeal a sentence?

Appeals by victims

A victim, or a family member of a person who has died, does not have a right of appeal against a sentence imposed. If you think a sentence imposed is too lenient, you can contact the Director of Public Prosecutions about your concerns.

What are the 3 rights of victims witnesses * Your answer?

The right to full and timely restitution as provided in law; The right to proceedings free from unreasonable delay; and. The right to be treated with fairness and with respect for the victim's dignity and privacy.Jan 5, 2022

What is the legal definition of a victim?

"Victims" means persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that are in violation of criminal laws operative within Member States, including those ...

Can victims be witness?

In short words, a witness is a person who has seen a crime with their own eyes. However, the victim of a crime himself can be a witness. Therefore, a witness plays a crucial role in court to distinguish between facts and allegations or claims made by both parties.Dec 13, 2020

Which type of identification indicates the victims knows the perpetrator?

The photo array is the most common police-arranged identification procedure used in the United States. A photo array consists of six to nine photographs displayed to a witness. An officer might create an array by selecting photographs of persons deemed to resemble the perpetrator.

Who are regarded as 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.Jul 7, 2021

Which of the following is a mitigating circumstance?

Other common mitigating circumstances include:

The defendant having no prior or significant criminal record. The defendant playing a minor role in the crime. The defendant recognizing the error of their ways. The defendant making restitution to the victim of their crime.Apr 14, 2021

Eric J Trabin

The court's no contact order applies against your husband, not the alleged victim or alleged victim's mother. So this person is legally allowed to call your husband but your husband is obligated to not talk to them.

Robert Edward Heyman

unfortunately it is not a two way street where a no contact order is issued. I often have to instruct my clients that if the "victim" contacts them, the no contact order is still in effect for them and that they could still be returned to custody if they do not immediately cease any contact.

Rohn Conan Barrow

It sounds like a criminal protective order was issued. Your husband must have NO contact with the people named in the protective order. Further, your husband must stay away from the named locations. The burden falls on the husband. The way I instruct my clients is, if the protected person is walking towards you, you must back away.

Can a defendant stop talking to the victim?

As a general rule, there is nothing to stop a defendant from contacting or talking to the victim or the victim's family . HOWEVER, there CAN be bond conditions and or Protective Orders that order the defendant not to do things. Violating a Protective Order or a condition of bond can a criminal offense that could be either a misdemeanor or a felony, depending upon what happens. Merely talking to a family...

Is there a protective order of no contact?

It depends on the Bond Conditions and/or if there is a Protective Order of "no contact". However, at the least, there should be "no threatening or harrassing"contact with the victim directly or indirectly.#N#More

What is the purpose of the California restitution law?

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.

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, ...

Do victims of crime have to have an attorney?

Many victims don’t realize that only the defendant will be provided with an attorney if necessary, and that a lawyer from the county district attorney’s office will be prosecuting the case.

Does the prosecutor have the same goals as the victim?

While the prosecutor assigned by the district attorney’s office will sometimes have the same goals for the case as the victim (probation, jail time, restitution, etc), just as often the victim’s goals are at odds with what the state wants to do. And though there are victim advocacy programs in each county in California, ...

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 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 does it mean to work with a private attorney?

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.

What happens when a district attorney files charges?

Once the district attorney files charges, the case enters the prosecution phase. In the prosecution phase, the district attorney takes the case into the courtroom and works to prove that the defendant is guilty of the crimes that have been charged. Before getting into the details of prosecution, it's worth a minute to note that the filing ...

What is the purpose of the prosecution phase?

In the prosecution phase, the district attorney takes the case into the courtroom and works to prove that the defendant is guilty of the crimes that have been charged. Before getting into the details of prosecution, it's worth a minute to note that the filing of charges is an important landmark in the case that has special significance for ...

Does a victim have to rely on her own words?

The victim no longer has to rely solely on her own words to show that she has been a victim of a crime or that the named defendant is the likely perpetrator. She now has an official document on the public record that the district attorney, after reviewing the evidence, is convinced that the defendant did the crime(s).

What courts stand on a lower standard of evidence than criminal courts?

Family courts, juvenile courts, administrative courts, schools and work places, housing offices, victim services, etc., all of which operate on a much lower standard of evidence than criminal court, will often stand on this record of charges filed by the district attorney.

Why is it important to file charges?

The filing of charges is important, also, because in taking this step of filing charges, the district attorney makes a public, on-the-record, commitment to the case. The district attorney now has a much greater interest in the case because from now on case activity will be carried out in the public arena of a courtroom.

Can charges be refiled if dismissed?

And if a case gets dismissed, charges can be refiled, up to a certain point in time, if new evidence is obtained. Don't hesitate at any point to argue for amending charges in your case, including by going to the attorney's supervisors.

Is it a crime to try to dissuade a victim?

Attempting to dissuade a victim is a crime! Attempting to dissuade a victim or any witness from testifying or appearing in court is a crime, even when there is no use of force or threat of force. In California, the Penal Code section for this crime is PC136.1.

Does the duty to confer in Wisconsin limit the duty of the district attorney?

As the applicable law in Wisconsin specifically states, “The duty to confer . . . does not limit the obligation of the district attorney to exercise his or her discretion concerning the handling of any criminal charge against the defendant.” 2. In several states, victims are afforded a general right to confer with the prosecutor.

Do victims have the right to consult with the prosecutor?

In several states, victims are afforded a general right to confer with the prosecutor. The laws of those states require prosecutors to consult or confer with victims concern ing plea bargaining or negotiated plea agreements but fail to state what “consult” and “confer” mean in this context. 3.

How many states require a prosecutor to obtain the victim's views concerning the proposed plea?

Obtaining Views of Victim. In at least 22 states, the victim’s right to confer with the prosecutor requires a prosecutor to obtain the victim’s views concerning the proposed plea. 6 Whereas the laws in some of these states do not address how victims will make their concerns known, others specifically provide for written input.

What does the prosecutor do to inform the court of the victim's view?

As an alternative to—and, in some states, in addition to—permitting the victim to address the court or submit a victim impact statement , the prosecutor must inform the court of the victim’s position on the plea agreement.

What is the purpose of a prosecuting attorney?

1. The prosecuting attorney advises the court that before requesting the negotiated plea _{] reasonable efforts were made to confer with the victim. &] 2. Reasonable efforts are made to give the victim notice of the plea proceeding . . . and to inform the victim that the victim has the right to be present and, if present, to be heard. 3.}

Why do you need to contact the victim?

Can you offer to pay restitution?

In some instances an offer to pay restitution immediately may have a positive effect on your client’s case. (An offer to pay restitution or an apology, even through an attorney, may be used as an admission of guilt in some instances).

Can an attorney contact a witness outside of the prosecutors?

Although there is no ethical rule in Florida that disallows an attorney from contacting a witness outside of the prosecutors presence in a criminal case it is a good idea if an attorney contacts such a witness that there be a witness to his or her conversation with the complaining witness.

Why would the other person testify to the inconsistent statement of the complaining witness?

This is not only because if the witness were to say something inconsistent later , the other person could testify to the inconsistent statement of the complaining witness but also to protect the attorney from any claim of improper influencing by the person being interviewed.

What rights did the Crime Control Act of 1990 give to victims?

Below is a list of rights given to victims by the Crime Control Act of 1990. This piece of legislation provided crime victims with a "Bill of Rights." Department of Justice employees are required to use their best efforts to ensure victims receive these rights. Victim's rights laws apply to victims whether or not the victim testifies as a witness.

What are the rights of a victim?

Victim's rights laws apply to victims whether or not the victim testifies as a witness. The right to be reasonably protected from the accused. The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of the release or escape of the accused.

Do victims of crime have to testify?

Victims of crime, and other people who have knowledge about the commission of a crime, are often required to testify at a trial or at other court proceedings. The federal criminal justice system cannot function without the participation of victims and witnesses.

Why is complete cooperation and truthful testimony important?

Complete cooperation and truthful testimony of all witnesses and victims are essential to the determination of the guilt or innocence of a person accused of committing a crime. Crime victims and witnesses might experience feelings of confusion, frustration, fear, and anger. If you are a victim or a witness, the Victim Witness Program ...

Who is the participant in the criminal justice system?

Participants in the Criminal Justice System. Federal Judge: the individual who presides over a court proceeding. Sometimes a Federal Magistrate Judge presides over the proceeding. He/she has some, but not all, of the powers of a judge.

Who is the federal judge?

Federal Judge: the individual who presides over a court proceeding. Sometimes a Federal Magistrate Judge presides over the proceeding. He/she has some, but not all, of the powers of a judge.

What is the name of the department that prosecutes cases?

The United States Attorney's offices are part of the United States Department of Justice. Assistant United States Attorneys (AUSA): government lawyers in the United States Attorneys' offices who prosecute cases on behalf of the United States. Victim Witness Coordinator / Advocate: the person ...