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NYS: Crime Victims Bill of Rights Cheat Sheet by

Crime victims rights New York State
new     law     rights     crime     york     victim     bil     nys

Introd­uction

Victims have rights -- rights to inform­ation, to notifi­cation and, in some cases, compen­sation.

New York State has an entire article of law dedicated to serving the interests of crime victims. The Fair Treatment Standards for Crime Victims is contained within Article 23 of the Executive Law. The purpose of that act is to ensure that the State’s criminal justice system has approp­riate standards for the treatment of innocent victims of crime. Much of the inform­ation contained in Article 23 is explained in OVS’s Rights of Crime Victims in New York State pamphlet which is designed to be an important resource for those who are facing the challenges associated with being a crime victim; it is an excellent source of inform­ation on victims’ rights relating to judicial procee­dings, victim impact statem­ents, restit­ution and much more.

A free copy of the police report

A free copy of the police report, even if there was no physical injury.

Payment waiver of fees

Payment waiver of fees for replacing driver’s license, permit, regist­ration and license plates which were lost or stolen as a result of a crime.

Have Law enforc­ement & DA inform employers

Have law enforc­ement and the District Attorney inform employers that the criminal case may require work absences. They can also explain the circum­stances of the crime to creditors.

Not to be penalized by an employer

Not to be penalized by an employer when appearing as a witness in a criminal procee­ding, consulting with prosec­utors or exercising other rights under the law. A violation of this law by an employer is a B misdem­eanor. Employers, however, may withhold wages in these situat­ions.

Notice of discharge, release or escape

Notice of discharge, release or escape of offender from a correc­tional facility. The District Attorney has a form to be completed in order to stay informed.

The New York Victim Inform­ation and Notifi­cation Everyday (VINE) system provides up to date inform­ation about the custody status of offenders via the telephone or internet. Crime victims and other New Yorkers can call 888-VI­NE-4NY (888-8­46-­3469) or go to www.vi­nel­ink.com to secure inform­ation about incarc­erated defend­ants. By providing an inmate’s identi­fic­ation number or date of birth, which you can obtain from the District Attorney, you can learn sentencing and release inform­ation. You may also register with VINE for automatic notifi­cation by telephone when the inmate is released.
 

Crime Victim Rights

Be notified of criminal procee­dings.

Be notified of criminal procee­din­gs.V­ictims who provide a current address and telephone number to the District Attorney have the right to be notified of the accused’s: arrest; first appearance before a judge; release from jail while the criminal proceeding is pending; entry of a guilty plea, trial and senten­cing; maximum and minimum terms of impris­onment if the offender is sentenced to prison and parole hearing date.

Freedom from intimi­dation, threats or harass­ment.

Freedom from intimi­dation, threats or harass­ment. Intimi­dating a victim or a witness is a felony, apart from any charges the accused may already face. If you are threatened or your property is damaged by anyone connected to your case, you should contact the District Attorney’s office and law enforc­ement immedi­ately.

File for victim compen­sation and assistance

File for victim compen­sation and assistance with the New York State Office of Victim Services. Victims of physical injury or relatives of murder victims are entitled to out-of­-pocket expenses incurred as a result of the crime. These expenses may include the repair or replac­ement of Damaged property, loss of earnings or support, medical and counseling bills, crime scene cleanup or funeral expenses. Crime victims may also be eligible for transp­ort­ation expenses incurred for necessary court appear­ances. Kidnap­ping, stalking and unlawful impris­onment victims may be eligible for an award to cover loss of earnings or support, unreim­bursed costs for counse­ling, rehabi­lit­ative training and the costs of damaged essential personal property and security devices. Claims must be filed within one year of the crime or within one year of the victim’s death.

You can obtain a claim form from the police, the District Attorney, a hospital emergency room, the Office of Victim Services or from the Office of the Attorney General. Assistance is also available from other programs such as rape crisis centers and domestic violence and child abuse programs. Ask the District Attorney’s office for referrals.

Download the NYS: Crime Victims Bill of Rights Cheat Sheet

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