Crime Victims’ Rights

Oregon’s Laws and Constitution recognize that the victim of a crime has certain rights. This web page is provided to generally assist victims/witnesses and should not be considered an exhaustive compilation of all rights, responsibilities, or services. More information about your constitutional rights as a victim of crime can be found on the Oregon Department of Justice Crime Victims Rights website and the Legal Rights for Crime Victims in Oregon. CRIMINAL PROCEEDINGS (EXCLUDING JUVENILE DELINQUENCY PROCEEDINGS) Upon specific request, the victim has the right to be informed, in advance, of any critical stage of the court proceedings. The victim has the right to be present at any court hearing or trial PRETRIAL RELEASE HEARINGS Upon timely request, the victim has the right to be notified of the release hearing and the right to appear at the hearing. If the victim chooses to appear, he or she has the right to be heard on relevant issues. Pretrial release decisions consider reasonable protection of the victim and the public. Any pretrial release order must prohibit the criminal defendant from having any contact with the victim. The pretrial release order may be revoked if the defendant contacts, threatens, or intimidates the victim during release. DUII DIVERSION HEARINGS If the victim received property damage as a result of the defendant’s driving under the influence of intoxicants, he or she has the right to appear at the diversion hearing, if applicable (not all defendant’s are eligible for diversion). The victim needs to contact our office at 541-426-4543 Ext. 1141 if he or she chooses to be present for the hearing. PLEA NEGOTIATIONS Upon timely request, the victim of a violent felony has the right to be consulted by the District Attorney’s Office regarding plea negotiations. SENTENCING HEARINGS The victim has the right to appear and to be heard during the sentencing hearing. INFORMATION AND RECORDS The victim has the right to obtain information about the conviction, sentencing, imprisonment, criminal history, and future release from the physical custody of the criminal defendant or convicted criminal (or youth offender) from the public body who is the custodian of records. The victim may be charged the actual cost of copies. The victim has the right to obtain a cd recording of any criminal proceedings in court (if prepared). Please contact the Circuit Court at 541- 426-4991 for a copy. There may be fees for a copy of the recording. If by the nature of the charge against the criminal defendant, transmission of bodily fluids may have been involved, the victim may ask the District Attorney to seek defendant’s consent or a court order requesting the defendant submit to a test for HIV or other communicable diseases. ACCESS TO SEX OFFENDER REGISTRATION INFORMATION The victim can obtain information about the registered sex offender, including prison status, release information, parole status and area of residence from the Oregon State Police at 503-378-3725 ext. 44429. LIMITS ON CONTACTS BY THE DEFENDANT OR DEFENSE A victim has the right to be reasonably protected from the criminal defendant or the convicted criminal (or youth offender) throughout the criminal justice process. Upon request, the victim has the right to have the court order that the victim’s address and phone number not be given to the defendant unless good cause is shown to the court. If contacted by the defense, the victim has the right to be informed of the identity and capacity of the person making the contact. Pursuant to the Oregon Constitution a victim has the right to refuse to speak with anyone representing the defendant. However, if you choose to speak with a representative for the defendant, you may request the District Attorney be present during such meeting or interview. NOTICE OF PROSPECTIVE RELEASE ON PAROLE OR POST-PRISON SUPERVISION Upon request, the victim has the right to be notified by the State Board of Parole and Post-Prison Supervision of the impending release of the convicted criminal on parole or post-prison supervision. Contact VINE, Victim Information and Notification Everyday, toll free at 1-877-674-8463 or visit their website at www.vinelink.com. OTHER RIGHTS, REMEDIES AND PROTECTIONS The victim has the right of prompt restitution from the convicted criminal. The District Attorney, the VAP, and the involved law enforcement agencies should be considered a resource by the victim/witness and should be consulted, when appropriate, to assist as justice requires.