victim witness services

The Victim Witness Unit provides a range of services for individuals who are a victim of a crime in California and/or a witness to a crime who suffers either financial loss or emotional problems from the experience. Included in the services are the following:

Information Services - Information about the Victim Witness Program, services available, and the eligibility requirements for the services.

Counseling Services - Counseling services may include crisis counseling, counseling resource and referral services, and follow-up counseling services.

Emergency Assistance - Assistance may include temporary shelter, food, transportation, and medical care.

Claims Assistance - Assistance in completing the required financial claims forms with the State Of California Victim Compensation and Government Claims Board.

Justice System Information Assistance - Assistance in understanding the criminal justice system, assistance and support during court appearances, and assistance in retrieving property held in evidence.

Notification Assistance - Assistance in the notifications of friends, relatives, and employer (as requested).

Eligibility Information - Assistance in understanding the eligibility requirements for receiving program services, and for receiving financial compensation for out-of-pocket expenses resulting from the crime.

Information about the Criminal Justice System which should be of interest to victims and witnesses is available on the section titled Overview of the Criminal Justice System. You are encouraged to read that information in addition to the information contained in this section.

HISTORY OF VICTIM WITNESS PROGRAMS

All people have hopes, plans, and dreams for their families, their jobs, and their lives. Many people see some, perhaps not all, of their dreams come true. Last year, some 31 million Americans victimized by crime saw part of their hopes, plans, and dreams altered. Victims and witnesses often experience trauma resulting from a crime, which can be increased by their involvement with the criminal justice process.

The victims movement has a rich history. In 1965, California implemented the Victims of Crime Program to allow victims to be reimbursed for losses suffered while recovering from the trauma of a violent crime. The first three local victim centers opened their doors in 1972. The concept of giving the crime victims a voice in the justice process was realized with the introduction of the first victim impact statement in 1976. In 1979, the Legislature established funding for rape crisis and victim/witness centers to provide support to victims. In 1982, Proposition 8, The Victims' Bill of Rights, became law in California. This legislation recognized the rights of victims in criminal justice proceedings and provided victims the right to speak at sentencing and parole hearings. We saw the passage of Proposition 115, known as the Crime Victims' Justice Reform Act, in 1990. Proposition 115 benefited crime victims by reducing the number of times crime victims must testify, promoted speedy trials, increased sentences and punishment, and required reciprocal discovery of evidence.

There is a continuing concern that the victims and witnesses who are forced to become involved in the criminal justice system should be treated equally on the scales of justice with those individuals accused of committing the crime. Victims and witnesses often feel isolated and confused and do not know where to turn for practical advice or support. Furthermore, crime victims often need immediate help, food, clothing, or temporary housing. The Colusa County Victim Witness Program is a part of a nationwide network of victim/witness assistance centers providing services to victims and witnesses.

COLUSA COUNTY VICTIM WITNESS PROGRAM

The Colusa County Board of Supervisors has designated the Victim Witness Program as the "provider of major and comprehensive victim and witness services in Colusa County". The Victim Witness staff encourage crime victims to talk about their needs and listens to their wishes with compassion and a commitment to help. They work to provide crime victims with information, resources and respect as they navigate the often-turbulent waters of the criminal justice process. Should you or someone you know be victimized, it is important to understand the rights afforded to victims in our state.

CRIME VICTIMS RIGHTS

Victims and witnesses of crimes have rights that are important to understand and protect. A brief description of the rights are:

* RIGHT TO KEEP ADDRESS CONFIDENTIAL
* RIGHT NOT TO BE THREATENED OR INTIMIDATED
* RIGHT TO COUNSELOR-ASSAULT VICTIM PRIVILEGE (Confidentiality)
* RIGHT TO BE PRESENT AT ALLOCUTION OR IMPACT STATEMENT (Sentencing and Parole Hearings)
* RIGHT TO BE INFORMED OF THE SENTENCE RECOMMENDED BY THE PROBATION OFFICER

COUNSELING SERVICES

Victim Witness provides counseling services to assist the victim/witness with the problems they may be facing as a result of the crime as well as interacting with the criminal justice system.

Crisis Intervention: immediate crisis counseling provided when the crime victim's normal coping skills are overwhelmed as the result of their victimization.

Resource and Referrals to counseling: referrals to other community agencies to obtain services not available from the center.

Follow-up Counseling: Counseling to assist with emotional, personal, financial and employment related problems resulting from the crime.

EMERGENCY ASSISTANCE

Emergency assistance to obtain temporary shelter, clothing, food, transportation, and medical care may be available to victims and witnesses of crime, depending on the circumstances of the crime and other factors.

COMPENSATION FILING ASSISTANCE

Victim/Witness Program staff are trained to assist victims to file a claim with the State Victims of Crime Program administered by the State Victim Compensation and Government Claims Board for out-of-pocket expenses directly related to the crime.

JUSTICE SYSTEM ASSISTANCE AND SUPPORT

As a victim or a witness, staff from the program will assist you in the following areas:

* Assistance in understanding the criminal justice system
* Assistance and support through court appearances
* Assistance and support during law enforcement interviews and meetings with prosecutors
* Help in obtaining property held as evidence
* Information, upon request, regarding the progress of the case and its disposition

ASSISTANCE IN NOTIFICATIONS

Staff from the Victim/Witness Program can assist you with the following notifications:

* Notification of friends and relatives that you are the victim of a crime (at your request)
* Notification of, and intervention with, your employer, on your behalf, to minimize loss of pay and/or benefits because the crime caused you loss of time from work

ELIGIBILITY FOR SERVICES

Who May Be Eligible for Services from the Program?

The District Attorney Victim/Witness Assistance Program offers comprehensive services to victims and witnesses of all types of crimes, whether or not a suspect is apprehended and prosecuted. The program seeks to reduce the trauma and insensitivity that victims and witnesses may experience following the crime.

VICTIM COMPENSATION

If you or a loved one has suffered physical or emotional injury from a violent crime, the Victims of Crime Program may be able to help.

The program was created to help victims and their families with the many costs of crime. It is funded entirely with fines and penalties from offenders, not by California's tax dollars.

Individuals Who May Be Eligible For Compensation:

* Persons who have been physically or emotionally injured by crime in California.
* California residents injured by crime or terrorism, wherever it may take place.
* Survivors of a victim who has died as a direct result of a crime, and anyone who has paid for the medical, funeral and or burial expenses of that victim.
* A victim's spouse, child, parent or sibling. A family member of the victim, including the victim's fiancé who witnessed the crime.
* A person living in the victim's household at the time of the crime or who had lived with the victim for at least two years in a relationship similar to a spouse, child, parent, or sibling of the victim.
* The primary care giver of a minor victim.

Factors Used In Determining Eligibility For Compensation:

* Documentation that a crime has occurred. (crime report from law enforcement or Children's Protective Services).
* Persons cannot have been a contributor to or involved in the commission of the crime.
* An application is filed with the Program within one year from the date of the crime, or an explanation is provided as to why it was not filed on time.
* If the victim was a minor at the time the crime occurred and the claim is filed before the victim's 19th birthday, or explain why it was not filed on time.
* The individual(s) is cooperating with law enforcement agencies in the apprehension and conviction of the criminal(s) who committed the crime.
* The individual(s) is cooperating with the Victim Witness Program or its representatives.
* An applicant must not have consented to, provoked, or incited the crime nor have been assisting in or committing a criminal act causing the injuries.

What Type of Compensation is Available?

Depending on the circumstances and date of the crime, a person who qualifies as a victim of a crime may be entitled to compensation for un-reimbursed monetary loss. The compensation must be reimbursement for medical and hospital expenses, rehabilitation or retraining costs, including counseling and therapy, and, in some instances, attorney fees associated with representing the victim in a claim with the State Victim Compensation and Government Claims Board.

As each case is different, request assistance from the staff of the Victim Witness Program.

Also keep in mind that the Victims of Crime Program is secondary to all other insurance, payer of "last resort." If your loss is covered by insurance, the insurance is to be used before the Victims of Crimes Program.

OTHER VICTIM WITNESS PROGRAM ACTIVITIES

Community Outreach and Coordination
Proactive efforts are made to identify and contact potential victims utilizing local law enforcement. The Colusa County Board of Supervisors has designated the Victim Witness Program as the " provider of major and comprehensive victim and witness services in Colusa County". A key element in this role is that of coordinating with and referring victims and witnesses to other community resources.

Law Enforcement Coordination
Law enforcement is a critical resource to the Victim Witness Program and is also a valuable resource to victims and witnesses of crimes, as information about the Victim Witness Program is often first provided by the local law enforcement officer who investigates the crime. The program works closely with law enforcement to inform officials of the available services and assists them in aiding the victims and witnesses.

Court Support
Victims and witnesses often need considerable assistance to understand and persevere during the court proceedings. The program may assist with child victims in need of court services.

CONTACTING THE VICTIM WITNESS PROGRAM

How do I contact the Victim Witness Program?

If you were the victim of a crime, you were probably provided information about the program from the Police Officer or Deputy Sheriff who talked with you about the case. If not, you can contact Victim Witness Services at (530) 458-0449.

TESTIFYING AS A WITNESS

Being a victim or witness to a crime is seldom a pleasant experience. However, much of the frustration associated with being a witness is not understanding what to expect. The process of justice takes time. Patience and commitment are essential.

Witnesses are called to testify about what they saw, heard, or did, which may be relevant to the charges against the defendant. The party calling a witness to the witness stand asks questions of the witness first. Next, the opposing attorney has the right to "cross-examine" the witness. Witnesses are often excluded from the courtroom when other witnesses are testifying. This is to ensure that the testimony or memory of one witness does not influence the testimony of another.

The following are some pointers to aid in being a good witness:

Above all, be truthful. Don't exaggerate or shade your testimony. Tell the facts, simply and concisely.
Be attentive. Listen carefully to the questions. If you do not understand a question, ask that it be repeated or explained.
Answer only the question asked. Do not try to say everything at once or volunteer information that is not requested.
Explain the answer, if necessary. If a question cannot be answered truthfully and fully with a "yes" or "no" answer, it is acceptable to answer the question completely so that the jury is not misled by a simple "yes" or "no."
Do not guess. Give definite answers whenever possible. If the answer to a question is not known, do not be afraid to say so. Do not stop to figure out whether the answer will help or hurt either the prosecution or the defense.
Be prepared. Do not try to memorize what will be said; try to recall relevant facts.
If asked, "Have you talked to anyone about the case" - do not forget conversations with the District Attorney's Office, defense attorney, staff from Victim Witness or other community agencies, investigators, or others.
When an attorney objects to a question, do not answer the question until the judge rules on the objection and requires an answer to the question. If the judge agrees with the ground for an objection, the objection will be "sustained". When the judge does not believe the objection has merit, the objection will be "overruled." If confused, ask the judge for direction.
Remain calm and courteous. Do not become angry, as it may diminish the impact of the testimony.
Speak clearly and loudly. Respond to the person asking the questions, but make sure you speak clearly enough to be heard by the jury. Give all answers verbally and not by gestures or head movements.
Dress neatly and always show respect for the court. For example wearing hats or chewing gum are not acceptable in court.
Be yourself. The judge, jurors, and attorneys are human also and appreciate sincerity.

QUESTIONS FREQUENTLY ASKED BY VICTIMS
Do I have to talk to a defense investigator or attorney?

No. A witness or victim has the right to talk to or refuse to talk to anyone they choose until and unless they are subpoenaed to court where a judge orders the witness to do so. Further, the law now states that a private investigator must clearly identify themselves as a defense investigator. The best way to know to whom you are speaking is to insist on a business card or some other form of identification.

Will I have to testify at the preliminary hearing?

Not necessarily. Under certain circumstances the law allows for certain peace officers to testify about what a witness or victim told them. The Deputy District Attorney handling the case will make the final decision as to whether or not your testimony will be needed at the preliminary hearing.

Can I recover for medical bills, lost wages, or property damage or loss?

Yes, with some exceptions. Contact Victim Witness Services for details.

How long will a misdemeanor or felony prosecution take?

Generally, a misdemeanor case can go from arraignment to sentencing in about 2-3 months. A felony case can take from 3-6 months on average. The more serious the case the longer it may take.

What if I have other plans that conflict with my subpoena and the trial date?

You should immediately contact each party that sent you the subpoena and inform them of the conflict.

Does the Deputy District Attorney represent the victim?

No. The Deputy District Attorney represents the People of the State and not the individual victim. The Deputy District Attorney must ensure that justice is done. Usually this means we are seeking the same outcome as the victim, but sometimes it is not.

When can I get my stolen property back?

Usually 60 days after the defendant is sentenced. Sometimes, property can be photographed and returned to the victim prior to that time. You should call the police agency about getting property returned.

Can I attend court proceedings?

Yes. All court proceedings in adult court are public, meaning that anyone can attend unless the court specifically excludes a witness or victim from the courtroom during testimony of other witnesses.

Can I be notified of when the defendant is released from prison and jail?

Yes. Victim Witness Services staff can help you with the process.

How much jail time will the defendant serve?

This depends on each case. Misdemeanor cases generally carry up to either 6 months or 1 year in jail. Felonies can carry anywhere from 16 months in prison to life in prison. The exact amount is set forth by statute and determined by the crime charged.

What if I don't want to prosecute anymore?

The ultimate decision of going forward with the case is up to the District Attorney. Although a victim's feelings will be considered, the District Attorney does not represent the victim, but represents society's interests.

Can I simply submit an affidavit, declaration or sworn statement instead of testifying?

No. The U.S. and California Constitutions require that the Defendant be permitted to see the witnesses testify against him or her.

If I testify at the Preliminary Hearing do I also have to testify at a trial?

Yes. The two proceedings are separate.

What do I do if the defendant tries to pressure me to drop the charges?

Anyone who applies pressure to a victim or witness not to testify or proceed on charges may be guilty of a separate offense of dissuading a witness. Such conduct should immediately be reported to law enforcement. The District Attorney's Office has sole discretion to drop the charges..