Maryland Crime Victims and Witnesses: Your Rights and Services  

The Criminal Justice Process

Victim Rights and Services

The members of the State Board of Victim Services regret that you have been the victim of a crime. In addition to your personal losses, the experience may have created stress, fear and confusion for you. We would like to help.

The State Board of Victim Services was created by the Maryland General Assembly to address the unique needs of crime victims and to make recommendations for improving state and local crime victim services.

This brochure is designed to inform you of victims' rights and services and to help you use them. It outlines the steps a case goes through in the criminal justice process and explains the responsibilities of the criminal justice system to crime victims and witnesses.

General Rights

Under the Maryland Constitution and under State laws and guidelines, a victim of crime must be treated with dignity, respect and sensitivity during all phases of the criminal justice process. After a crime has been committed, and throughout the criminal justice process, different rights and services apply to specific victims during the periods listed below. For assistance available in your community, and to find out your specific rights, refer to the resource Section of this brochure.

After You Report a Crime

If the police arrest a suspect, they will take him before a Court Commissioner.  Information regarding your case will also be provided to the local prosecutor, also called the State's Attorney.

The Court Commissioner will decide if there is enough evidence - known as "probable cause" - to charge the suspect with the crime, and if so, on what conditions the suspect could be released until a hearing before a judge.

If the suspect is held in custody after the Commissioner hearing, he will be entitled to a bail hearing before a judge. The judge will then decide whether to release the suspect, perhaps with certain conditions, or to keep him in jail until a trial is held. A defendant can only be detained if the facts show he is a danger to the community and/or there is a risk that he will not show up at the trial. Most suspects are released.

The prosecutor will review the information provided by the police and determine what charges, if any, should be filed against the suspect in District Court or Circuit Court. In more serious cases, the prosecutor may use a Grand Jury to make these decisions.

In serious cases a suspect has the right to ask the judge for a Preliminary Hearing. At this hearing the judge will decide if there is enough evidence or "probable cause" to continue with the charges against the suspect.

If the prosecutor proceeds with the case, a trial will be set by the court. Due to crowded court dockets, the case may take several months to come to trial. The prosecutor will notify the victim and key witnesses if and when it is time to prepare for trial.

Your Rights Before the Trial

Once a suspect (now called the defendant) has been charged with a crime, the defendant's attorney will try to discover information to help prepare the case before trial. The attorney will probably ask for, and generally receive, your name and address. However, you are not required to talk to the defendant's attorney or his representative.

If a defendant threatens you, or interferes with you in any way, do not hesitate to call the police. If you are acting as a witness for the prosecution and your safety has been threatened as a result, contact the State's Attorney immediately. It is a crime for the defendant to do anything to stop you from testifying at the trial. Victim/Witness Protection Resources may be available to increase your protection and enable your participation in court proceedings.

Before the trial, the defendant may appear at various court hearings. As a victim, you have the right to attend these hearings, the trial, and any related hearings or proceedings. You may ask the prosecutor to notify you of any appearance that you should attend. Often the judge may grant several "continuances" or delays, at the request of the defense or the prosecution. Even though delays and continuances are frustrating, it is important that you continue to appear in court when you are requested.

During the Trial

A victim has the right to be present at the trial. A victim can request that his address and phone number remain confidential, and not be listed in the court records. The prosecutor can help you prepare for the trial by telling you what questions to expect the defendant's attorney may ask.

After the Trial

If the defendant is found guilty, the judge will hold a sentencing hearing, often at a later date. The judge has several sentencing options including: confinement in a prison or jail, probation, payment of fines or restitution, or any combination of these options.

Probation is the most frequently imposed sentence. Probation means that a convicted offender will be released and may be under the supervision of a probation officer. Probation often includes special conditions such as drug testing.

In every case resulting in serious physical injury or death, a victim or the victim's representative may address the court to describe the impact of the crime. The court must also consider a victim's written impact statement describing the effects of the crime on the victim.

A victim also has the right to request restitution. The State's Attorney will help you make this request to the judge.

After Sentencing

After the trial is over, a victim may have the right to have stolen or other property returned. The State's Attorney will help you retrieve your property.

Finally, a victim has the right to be notified of any further hearings related to the defendant's sentence or release by the Division of Correction, Patuxent Institution, or the Parole Commission. The State's Attorney will see that your request to be notified is forwarded to the right place for future contact.

Help Throughout the Justice Process

Throughout the criminal justice process, and even after it has been completed, you may experience physical, emotional, or psychological distress as a result of your victimization. This may be normal, and help is available. Please see the Resources Section of this brochure to find support in your local community.

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Criminal Injuries Compensation

Overview

The Criminal Injuries Compensation Board (CICB) was established to provide financial assistance to Maryland crime victims when no other resources are available. Victims of crime are eligible to be reimbursed for their medical and/or funeral expenses resulting from a crime under the following conditions:

Who May Apply?

• Crime victims, or their parents or guardians on their behalf, or
• Dependents of victims who died as a result of a crime, or
• Persons who paid the funeral expenses of a victim who died as a direct result of a crime, or
• Persons injured while preventing a crime or assisting a police officer.
• Persons injured or killed as a result of an individual driving while intoxicated

What is Required?

• A crime report to police within 48 hours of the crime.
• A completed claim form sent to the CIBI within 180 days of the crime.
• Physical injury or death directly related to the crime.
• Innocence of the victim: that is, the victim bears no responsibility for the crime or the injury.
• Serious financial hardship resulting from the crime.

Further Information and Assistance in Filing -- Call or Write:

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Domestic Violence

When a loved one hurts you, it can be embarrassing, confusing, and sometimes life-threatening. No one has the right to hurt you or your children - even a family member. Getting help is the first step toward a safe future. This section gives you information on special rights and resources available for victims of domestic violence and/or stalking.

Special Rights Available to Victims

In Maryland, the police may make an arrest for an incident of domestic violence without witnessing the assault if they have "probable cause" to believe that an assault took place. Officers must make an arrest if an offender is in violation of the "stay away" or "don't abuse" provision of a Civil Protective Order.

If an arrest is not made at the scene, a domestic violence victim may: (1) make application with a District Court Commissioner to file criminal charges or (2) request that the State's Attorney file a criminal charge.

A victim of domestic violence may receive, upon request and without cost, a copy of the incident report from the law enforcement agency that responded to the call.

A domestic violence victim may also request a "domestic stand-by" from an officer to ensure that she is safe while removing personal items to meet her emergency needs or those of any children in her care.

Other Legal Remedies

In addition to arrest and criminal charges, victims of domestic violence who are married, have lived together for 90 days in the past year, or have a child in common, can apply for a "Civil Protective Order." This is a court order instructing the abuser to stop the abuse, leave the joint residence, stay away from your work, or other remedies ordered by the court. A person may apply for a Protective Order at the District or Circuit Court. This order may be for the victim or on behalf of a family member, such as a child.

Services Available

Domestic violence is a complex crime that usually becomes more frequent and more severe without outside help. If you have been harmed by an intimate partner, it is important that you contact a local domestic violence program legal service listed on the Resource Section of this brochure to help you understand how it has affected your life, and how to get the support and advocacy you need to live in safety again.

Protection From Stalking

Maryland offers special protections for victims of stalking. Stalking is malicious conduct, and includes persistently approaching or pursuing another person with the intent to place them in fear of injury or death.

If you think that you are a victim of stalking, tell the police when they make an arrest, and/or immediately call the Court Commissioner to let them know that you may be a victim of stalking and are afraid for your safety. The Court Commissioner shall consider a stalking victim's safety when deciding to release a defendant on pretrial release.

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Sexual Assault

Sexual assault and rape are violent crimes that often leave victims feeling alone and frightened. Crimes of sexual violence are even more painful because victims must discuss very intimate details of the crime. Knowing what may happen ahead of time can reduce your anxiety and help you get through the process more comfortably. The most commonly asked questions are answered below.

Who Will Pay For My Medical Expenses?

A rape or sexual assault victim shall be examined without charge and the hospital and physician are entitled to be paid by the Department of Health. You or your insurance company will be responsible for any other medical treatment you receive. You may be eligible for compensation for expenses not covered by insurance. (See the Criminal Injuries Compensation Board)

Is There Mandatory Testing of the Offender for the HIV Virus?

Upon written request to the State's Attorney, a victim of a crime involving a sexual offense, or other crime that may have caused or resulted in the exposure of the HIV virus, may ask the court to order the accused to be tested for HIV. If you are afraid that you were exposed to this virus, talk to the State's Attorney and/or your local sexual assault counselor for guidance in your situation.

How Much of My Personal History Will Be Made Public in a Trial?

Evidence relating to a victim's prior sexual conduct can seldom be admitted as evidence. This issue varies depending on the circumstances of your case. If you are worried about this, talk to a sexual assault advocate or the Victim/Witness Coordinator in your State's Attorney's Office.

Can I Recover From This Violent Assault?

Sexual assault is a life-threatening experience and may result in extreme and long lasting trauma to the victim. The physical and emotional results of this trauma generally come in three stages; however, the effects of the assault are different for each victim.

• The Acute Reaction usually occurs immediately; the most common signs of this stage are shock, disbelief, fear, anger, helplessness, mood swings, and eating or sleeping disturbances.
• The next stage is often the Outward Adjustment. This can be a temporary period where the victim reports that everything is back to normal and tries to regain control over personal feelings and life situations.
• The Integration stage most often begins with depression, followed by a renewal of Acute Reaction symptoms. The victim may become overwhelmed by the assault, make drastic life changes, and may also experience guilt.

Eventually, with the necessary emotional support, a survivor of sexual violence can work through the trauma and move past the experience and fear generated by the assault.

If you have experienced a rape or sexual assault, contact the Sexual Assault Center listed in the Resource Section of this brochure and ask for the emotional support and legal advocacy that you need to heal and recover from this crime.

The Juvenile Justice System

If you were victimized by someone under the age of 18, the offender is considered a juvenile, and your case will be handled differently than if the offender is an adult. The primary difference is an emphasis on rehabilitation rather than punishment. Juveniles are not convicted of a crime, but are found to be delinquent, and their records are not made available to the public.

Not All Juvenile Offenders Are Sent to Court

If the offender is a juvenile, the police typically file a "complaint" about the juvenile suspect with the Department of Juvenile Justice (DJJ). New cases are reviewed by an intake officer at the local DJJ office. The intake officer will contact any victim involved in the complaint.

The intake officer will decide whether to close the case, place the juvenile on informal supervision, send the youth to a treatment program, or forward the case to the State's Attorney's office for a formal hearing in Juvenile Court. The intake officer has 90 days to take action on the case. You will receive a letter advising you of the decision and your right to appeal if the case is closed. ,I.You must file an appeal within 30 days.

Juvenile Delinquency

A juvenile is considered delinquent if he commits an act which would be a crime if committed by an adult. More serious juvenile complaints go directly to the State's Attorney's office to be handled in Juvenile Court. This depends on the severity of the delinquent act, the youth's age, and prior delinquent record.

For juvenile complaints involving a serious delinquent act, the State's Attorney may request that the juvenile be tired as an adult in Circuit Court. A Circuit Court judge rules on this request at a "Waiver Hearing" and determines if the case will be heard in Circuit or Juvenile Court.

What Happens in Juvenile Court?

The State's Attorney must take action within 30 days. There are several types of hearings that may occur:

Detention Hearing: If the juvenile is considered dangerous or his well-being is threatened, a hearing will be held by a Juvenile Court judge to decide whether or not to detain the juvenile in a secure facility for up to 30 days, or to release him to the custody of a parent or guardian.

Adjudicatory Hearing: This hearing is held in Juvenile Court to determine if the juvenile who committed the offense is "delinquent." It must take place within 60 days. As in an adult case, the juvenile is entitled to an attorney, and the attorney may contact you before the hearing to try to discover information to help the juvenile offender. However, you are not required to talk to the juvenile's attorney or his representative.

Disposition Hearing: If the offender is found delinquent, the judge will hold a separate disposition hearing to determine the juvenile's needs. He may be placed on probation, placed in the custody of a juvenile justice facility, or ordered to participate in appropriate services.

Restitution Hearing: If the juvenile is found to be delinquent, a restitution hearing may be held. The State must prove that the victim's personal property was stolen, damaged or destroyed, and/or that there were medical or funeral expenses for the victim as a result of the delinquent act.

If the court determines that restitution should be paid, the judge will enter a judgment of restitution against the juvenile. The court may also hold the juvenile's parents liable for the expenses in an amount not to exceed $10,000. Restitution may be a condition of the juvenile's probation.

How Do I Find Out About My Case?

For information about your case, contact your local Department of Juvenile Justice office listed in the Resource Section of this brochure.

Statewide Resources

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Resources: Somerset, Wicomico and Worcester Counties

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Copies of this document are available through your local law enforcement agency and through the