The Victims’ Bill of Rights Act of 2008, better known as Marsy’s Law (California Constitution, Article I, Section 28(b)) lists the California Constitutional Rights of crime victims.
The sections most relevant to Emanuel Law Group’s clients are listed below.
(b) In order to preserve and protect a victim’s rights to justice and due process, a victim shall be entitled to the following rights:
(1) To be treated with fairness and respect for his or her privacy and dignity, and to be free from intimidation, harassment, and abuse, throughout the criminal or juvenile justice process.
(2) To be reasonably protected from the defendant and persons acting on behalf of the defendant.
(4) To prevent the disclosure of confidential information or records to the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, which could be used to locate or harass the victim or the victim’s family….
(7) To reasonable notice of all public proceedings….
(8) To be heard, upon request, at any proceeding…
(10) To provide information to a probation department official conducting a presentence investigation concerning the impact of the offense on the victim ….
(12) To be informed, upon request, of the conviction, sentence, place and time of incarceration, or other disposition of the defendant, the scheduled release date of the defendant, and the release of or the escape by the defendant from custody.
(13) TO RESTITUTION
(A) 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.
(B) Restitution shall be ordered from the convicted wrongdoer in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss.
(C) All monetary payments, monies, and property collected from any person who has been ordered to make restitution shall be first applied to pay the amounts ordered as restitution to the victim.
Please contact our office at (800) 308-0870 if you have any questions. We want to hear from you.