Even though a victim cannot order the district attorney to prosecute or not prosecute, the victim of a felony offense should be consulted with by the district attorney before the prosecutor decides to either dismiss the case or allow the defendant to plead guilty or take the case to trial. If the victim is a child or a homicide victim, the district attorney should consult with the victim’s family.
If the victim knows the defendant well and does not want prosecution, the law provides that, except for certain felonies, the court case, having the district attorney’s consent, can be adjourned in contemplation of dismissal if the victim wants to meet with the defendant to try to talk out their disagreement before a mediator at a dispute resolution center.
A victim is entitled to free copies of all police reports documenting the crime and to information about judicial proceedings in the case such as the first appearance of the accused in court and if bail was set or if the defendant was released from custody. If the defendant is released on bail or escapes from jail the victim must be notified by the Department of Corrections. When a defendant, who has been convicted of committing a violent felony offense, is sentenced to serve time in a state prison, the victim can request to be notified of the escape, discharge or parole of the defendant from prison. The district attorney must provide the victim or a family member with a “request to be notified” form prior to defendant’s sentencing. When an escaped inmate is recaptured, the victim must be notified within 48 hours by prison authorities. The district attorney should also have information about available victim protection, compensation and counseling programs. The New York State Crime Victim’s Compensation Program is mainly to help victims having physical injury leading to financial difficulty as a result of a crime. It covers medical expenses and lost wages, property losses in some cases, and some victims do not need to always prove financial difficulty. A compensation claim can be filed by the victim, or by the surviving spouse, parent, child or dependent of a victim who dies as a result of a crime; or a person who pays for a victim’s burial expenses. A claim can only be filed for costs not reimbursed from some other source.
A victim has a right not to be threatened or intimidated; witness intimidation is a crime. The judge has the power to issue an order of protection to the victim to stop the defendant from having any contact with the victim. If the defendant is out of jail on bail, the bail can be revoked. When the victim must appear to testify in court, the district attorney should provide a secure waiting area so that the victim need not have any contact with the defendant or the defendant’s family or friends.
Once the case is completed, a victim has the right to have his/her property promptly returned. If you are unable to get this property back from the State, your attorney can help you get the answers you need.
If a judge orders the defendant to pay money to the victim (“restitution”) as part of his/her criminal sentence, the victim still has the right to file a civil suit against the defendant for any damages over and above the amount of restitution paid.
The above described rights and benefits are not automatic, and only by the victim’s active pursuit are these rights and benefits utilized.
Use of Force: If you resist, a police officer may use all necessary means to restrain you, including force.
Citizen’s Arrest: A private citizen may arrest you without a warrant if you have committed a felony in fact or if you have committed a non-felony in his presence. He should tell you the reason for the arrest. If you are arrested by a private citizen you must be taken before a judge or turned over to a police officer “without unnecessary delay.” You may sue a private citizen for unlawful arrest if you did not commit any crime, even if the individual had reasonable cause to believe you had committed a crime. You may use reasonable force to resist an unlawful arrest being made by a private citizen; however, what amount of force is “reasonable” is a complex legal question answered only by the facts of a situation and the law.