In 1995 the Constitution of the State of Utah was amended to include an outline of certain rights that victims of crime are entitled to as they move through the Overview (Utah Code Section 77-37-3). The information found in this section provides a brief description of those rights that are most frequently asked about. If you have any further question or concerns regarding your rights as a victim, or would like to get a complete list of victims’ rights, please talk to one of the counselors in the District Attorney Counseling Unit at your next appointment, call (801) 363-7911, or click here.
| Court Process |
| Notice of Court Dates |
| Continuances or Delays |
| During the Trial |
| Sentencing |
| Probation and Parole |
| Contact Information |
From the initial criminal investigation through the entire court process, all victims and witnesses of crime have the right to be “treated with dignity, respect, courtesy, and sensitivity.” In particular, the participation of child victims and witnesses of crime is to be conducted in the most effective, least intimidating, and least traumatic manner possible.
Victims and witnesses have the right to a speedy resolution of their cases.
Victims and witnesses are entitled to reasonable employer intercession services. Those services assist in resolving problems associated with missing work due to court participation.
A victim or witness is entitled to notice of important hearings and trial dates.
Victims and witnesses have the right to be present at these events unless the judge orders them to remain outside the courtroom (under the “exclusionary rule”) while evidence is being presented. The “exclusionary rule” is designed to keep witnesses from being influenced by other testimony in the trial. It generally applies to all witnesses except for the defendant and the lead investigator for the prosecution.
Victims and witnesses have a right to be free from threats and intimidation. Additionally, they have the right to be informed about the Overview and the nature of their participation in that process. That information is available through the District Attorney Counseling Unit. The DACU can be reached at (801) 363-7911.
Court hearings and trials are often continued or delayed for numerous legal reasons. This can be frustrating and inconvenient. Victims and witnesses have a right to be notified as soon as possible when there is a continuance.
Victims and witnesses have a right to a secure waiting area during court hearings. This area is separate from the area where the defendant’s family and friends are waiting.
Victims and witnesses cannot be required to disclose their home addresses and phone numbers in an open court.
Victims and witness have a right to provide the court with a written statement prior to sentencing and an oral statement at the time of sentencing. Victims can express the impact the defendant’s crime has had on their life as well as any recommendations they have regarding sentencing.
Adult Probation & Parole (AP&P) should contact victims for sentencing input prior to finalizing the “pre-sentence” report and making recommendations to the judge.
Victims and witnesses are entitled to restitution for their losses or expenses that resulted from a defendant’s criminal actions. They also have a right to have any personal property returned as soon as it is no longer needed for law enforcement or prosecution purposes.
Victims and witnesses are entitled to continued assistance from threats and/or harm from a defendant. They are also entitled to assistance in collecting court-ordered restitution from the defendant.
Victims and witnesses have the right to timely notification of parole hearings and are entitled to be present and make statements to the parole board.
District Attorney’s Office (801) 363-7900
DA Counseling Unit (801) 363-7911
Adult Probation & Parole (801) 533-5501
Board of Pardons (801) 261-6464
Prison Victim Services (801) 533-5501
Copyright © 2008 Salt Lake County - All Rights Reserved