Victim's Assistance

Victim Assistance Program serving the Gilliam County District Attorney's Office and Gilliam County Juvenile Department.

Under Oregon Law, you have certain rights as the victim in a criminal case or Juvenile Court delinquency proceedings.  It is very important that you know these rights.

When a charge is filed with the court.  If you request, you may be informed in advance of any critical stage of the proceedings to be held in open court in which the defendant will be present.

SERVICES PROVIDED BY YOUR GILLIAM COUNTY VICTIM ASSISTANCE PROGRAM

• General information regarding the Criminal Justice System
• Court accompaniment and support
• Safety Planning
• Assistance in establishing restitution
• Information and updates on case status
• Assistance in insuring that your testimony can be given without fear of intimidation
• Help in filing for financial compensation from the Department of Justice Crime Victim Compensation Program
• Referral to community agencies*

*if you have been physically or emotionally harmed in any way by your spouse, partner or loved one, or if you have been a victim of sexual violence and you need help, advice, referral or emergency shelter, call:  HAVEN 1-800-249-4789 (24 hour hotline)

WHEN THE DEFENDANT APPEARS IN COURT
PRE-TRAIL

• If you request, you have the right to be notified by the District Attorney of the release hearing
• If present, to be heard on relevant issues
• To have pretrial release decisions consider reasonable protection of the victim and the public.

PLEA NEGOTIATIONS

If you request, you have the right to be consulted by the District Attorney about plea negotiation on your case if it involves a violent felony.

INFORMATION AND RECORDS

• If you request, you have the right to obtain information about the conviction, sentence, imprisonment, criminal history and future release from physical custody of the defendant, convicted criminal or youth offender
• You have the right to obtain a copy of a transcript of any court proceeding in open court (if one is prepared), at a reasonable cost
• If certain circumstances exist, the victim may ask the District Attorney to seek the defendant's consent or court order for HIV test
• Access to sex offender information
• Access to reports and information on DUII cases

LIMITS ON CONTACTS BY THE DEFENDANT OR DEFENSE

• A victim has the right to be reasonably protected from the criminal defendant
• If you request, to have your address and phone number kept from the defendant
• If contacted by the defense, to be informed of the identity and capacity of the person making contact
• To have the prosecuting attorney present during interview by defense counsel
• To refuse and interview, deposition or other requests by defendant, defense attorney or person acting on behalf of the defendant

AFTER THE SENTENCING

• If you request and provide the Board of Post-Prison Supervision with your address, you have the right to be notified of, appear at and be heard, or submit written statements for any parole hearing.  You must keep the Parole Board informed of your correct mailing address
• If you request, you have the right to be notified 30 days before the convicted criminal is released from prison
• If you request to be notified of a hearing that may result in revocation of probation and to appear and be heard on the subject

OTHER RIGHTS

• You have the right to receive prompt restitution from the convicted criminal who caused your loss or injury
• To apply for and receive crime victim compensation, if eligible

COMPENSATION FOR VICTIMS OF CRIME

The State of Oregon has recognized the needs of victims and their families through the crime Victim's Compensation Program.  This program provides a way to ease the financial losses of the victim and the victim's family as a result of these violent crimes.

COMPENSATION MAY INCLUDE

• Reasonable medical and/or counseling expenses from a licensed professional
• Loss of earnings/support
• Rehabilitation
• Reimbursement of mileage for medical or mental health treatment over 60 miles round trip when services are not available with another provider within the area

TO BE ELIGIBLE FOR COMPENSATION, YOU MUST

• Be a victim of a crime which occurred in Oregon or an Oregon resident victimized in a state without a Victim's Compensation Program;
• Report the crime to the police or sheriff within 72 hours;*
• Cooperate fully to apprehend and prosecute the assailant;
• Not have been involved in a wrongful act and/or did not provoke the assailant; and
• Apply for compensation within 6 months of the crime.*

*May be waived with good cause

USEFUL EXPLANATIONS

Victim ~ Person determined by the prosecuting attorney to have suffered direct financial, psychological or physical harm as a result of a crime and, in the case of a victim who is a minor, the legal guardian of the minor.  In the event no person has been determined to be a victim of the crime, the people of Oregon, represented by the prosecuting attorney, are considered by victim.  (In no event is it intended that the criminal defendant be considered the victim.)

Defendant ~ The person charged with a crime or an alleged youth offender in juvenile court delinquency proceedings.

Convicted Criminal ~ The person convicted of a crime or a youth offender in juvenile court delinquency proceedings.