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Victim Rights
According to Iowa
law, as a victim of crime you have the right:
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To know when you
must appear in court
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To register with
the Lyon County Sheriff to be notified when the defendant is
released from jail
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To receive
restitution from the defendant for economic losses resulting
from the crime
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To make a written
or oral Victim Impact Statement at the time of sentencing
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To apply to the
Iowa Crime Victim Compensation Program which pays for medical
expenses and lost income in cases of violent crime
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If you are a victim
of violent crime, in which the defendant is sent to prison, to
register with the Department of Corrections and the Board of
Parole, so you can be notified of parole hearings and the
inmate’s release.
A brochure is
available from the County Attorney’s Office explaining these
rights in more detail.
Your Feelings as a
Victim of Crime
You may experience
some of these feelings after you have been victimized:
All of these feelings
are natural responses to the trauma of victimization. Many
victims share these responses. You can speed your recovery by
keeping in touch with your feelings and talking about them. For
information on counseling and other local victim services or
preventative measures you can take to help reduce the risk of
being victimized again, or just for a listening ear, call the
Victim-Witness Assistance Program.
Trial Preparation
The County Attorney
may set up a time to meet with you before the trial. This is
your opportunity to discuss the case with the prosecutor and
find out what will be expected of you as a witness.
It is possible that
an attorney, an investigator, or a paralegal working for the
defendant may contact you. It is all right to ask for
identification before you speak to anyone. You are not under
obligation to talk with anyone connected with the case unless
you are subpoenaed. The decision to talk without a subpoena is
yours to make. You may request that the prosecutor working on
the case be present during any meeting or conversation with the
defense. Simply call our office and speak with the County
Attorney or the Victim-Witness Coordinator to make the
arrangements. If the defense wants your statement, they are
permitted to subpoena you for a deposition (formal sworn
statement) at which time the prosecutor will be present.
Testifying in Court
You must appear in
court and truthfully testify under oath if you are subpoenaed.
If you receive a subpoena, call the Victim-Witness Coordinator
right away. We will be able to tell you if there have been any
last minute changes in the status of your case, and we may be
able to tell you approximately when your testimony will be
needed in order to minimize the time you spend waiting at the
courthouse.
While you are waiting
to testify, you will be asked to sit in another part of the
courthouse. You will not be able to sit in the courtroom during
the testimony of other witnesses. Our Victim-Witness
Coordinator or a staff volunteer will be available at the
courthouse to answer your questions and assist you if you need
anything.
Here are some hints
that will help you with your court appearance:
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Always tell the
truth
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If you don’t know
the answer to a question, or you can’t remember, just say so
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Speak loudly enough
for everyone to hear you
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Dress neatly
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Wait until a
question is finished to answer, and stop speaking if an
objection is made
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Don’t guess. If
you must make an estimate about something, make it clear that
you are estimating
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Try to remain calm
while answering questions
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Waiting is
sometimes unavoidable. Bring something to read while you are
waiting, or bring a friend to wait with you
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Do not discuss your
testimony with other witnesses
Fees and Travel
Arrangements
Bring your subpoena
with you so that you may claim your witness fees and mileage.
Witnesses are entitled to $10 for witness fees and 29-cents per
mile traveled. If you must come from out-of-town call the
Victim-Witness Coordinator to find out about travel
arrangements. If you live in town but are having trouble
finding a ride to court, we can help you as well.
When you receive your
subpoena, notify your employer to find out company policy
regarding your appearance in court. If necessary, the
Victim-Witness Coordinator can explain the need for your
appearance to your employer. Your employer is not required to
pay you for time spent in court. It is against the law for your
employer to penalize you because you have to come to court.
Threats or Harassment
On rare occasions,
witnesses are threatened or harassed. Tampering with witnesses
and harassment may be crimes. If this happens to you contact
the Sheriff’s Office and the County Attorney’s Office
immediately.
After the Trial
Sentencing usually
takes place two to six weeks after a plea or verdict of guilty.
Sometimes a pre-sentence investigation is conducted by the
Department of Correctional Services in order to gather
background information on the defendant and the crime. You
might be contacted by the pre-sentence investigator.
At the sentencing,
the defendant should be ordered to pay restitution to you for
monetary loses resulting from the crime. You will also get a
chance to tell the judge what practical and emotional impact
this crime has had on you through a written Victim Impact
Statement. Except in certain violent crimes which require a
prison term, judges have a variety of sentencing options at
their disposal for each level of crime.
Restitution
Sometime prior to the
sentencing you should receive restitution forms and a Victim
Impact Statement in the mail from the Victim-Witness Assistance
Program. If, for some reason, you do not receive the forms,
please call. By filling out and returning the forms, you will
help the prosecutor to determine how much restitution the
defendant should be required to pay you. Restitution can be
ordered for expenses such as medical bills, lost income,
property damage, insurance deductibles, and lock changes. If
you have medical bills or lost income due to injury you may be
eligible for an award from the Iowa Crime Victim Compensation
Program. The defendant can also be ordered to repay this fund
as restitution.
When the defendant is
ordered to pay restitution, a Plan of Payment is set up by the
probation officer or prison counselor within a month or two of
sentencing. Restitution payments are made by the defendant
through the Clerk of Court, who will forward the payments to the
victims of the crime. If the defendant in your case is not on
probation, in jail or in prison, and you do not receive a
restitution payment within a reasonable amount of time, call the
Lyon County Attorney’s Office for assistance with collection.
Juvenile Court
Services
If you are the victim
of a crime committed by someone under the age of 18, you can
contact the Juvenile Court Officer. The phone number for
Juvenile Court Services is (712) 737-8633 |
