Montgomery County, PA

Under Pennsylvania law, an individual possesses certain rights as the victim in a criminal case. A criminal defendant is not considered a victim. It is very important that you, as a victim, know these rights. The following information is designed to follow the process of your case. Please read the following information carefully and note your responsibility in exercising these rights.

You should be informed that you have rights as a victim as soon as is reasonable.

You have the right to be reasonably protected from the criminal defendant or the convicted criminal throughout the criminal justice process.
 

Upon request, you have the right to information about the conviction, sentence, imprisonment, criminal history and future release from physical custody of the defendant (or convicted criminal).

 

 

 

If you request, your address and phone number can be kept from the defendant. 
  
You have the right to be reasonably protected from the defendant throughout the criminal justice process. 
  
Your have the right to a court hearing if you are intimidated or harassed by the criminal defendant. 
  
You have the right to refuse an interview or other request for information by the defendant, the defendant's lawyer, or any other person acting on behalf of the defendant.
  
If the defendant's lawyer (or anyone who represents that lawyer) contacts you, they must tell you who they are, that you do not have to talk to them, and that you may have an assistant district attorney present if you do decide to talk to them. Also they cannot take a deposition (a formal legal statement) from you unless you consent to it. 
  
Upon request, you have the right to be consulted about plea negotiations if the crime charged is a violent felony. 
  
Upon request, you have the right to be informed of changes in court dates and hearings.

You have the right to be present at, to be heard at, and, upon specific request, to be informed in advance, of any critical stage of the proceedings where the defendant is present, including the trial. 
  
You may obtain a copy of any written record made of court proceedings. This applies only if a written record is already prepared and does not prevent a reasonable charge to you for copying.

 

You have the right to hire an attorney to express your views at sentencing, or you may express your views personally or ask the Assistant District Attorney to do so for you.

You have the right to restitution (i.e, Court-ordered payments from the defendant to compensate you for the out-of-pocket losses you incurred due to the defendant’s criminal conduct).

You have the right to know at the time of sentencing the actual sentence the defendant will serve.

 

 

You have the right to receive prompt restitution from the person convicted of committing the crime that caused your loss or injury. 
  
Upon request, and if you provide the Board of Post-Prison Supervision with your address, you have the right to be notified of, and appear at, any hearing before the board.  Note that you must keep the Parole Board informed of your correct mailing address. 
  
If you request and provide the Board of Post Prison Supervision with your address, you have the right to be notified 30 days before the convicted criminal is released from prison.