Victim Witness Assistance Program

The Trinity County Victim Witness Assistance Program

(Located in the Courthouse, second level)
Business Hours: Monday-Friday 8a-5p, closed county holidays
Customer service counter is available for walk-up assistance 9a-11:30a, and 1:30p-4p.

 

 

The Mission of the Trinity County Victim Witness Assistance Program is to help make the criminal justice system more understandable, accessible and responsive to the concerns of victims and witnesses. Our Victim Witness Advocate is available to ensure that crime victims and their family members are kept informed and supported throughout the criminal justice process and are treated with dignity, compassion and respect.

 

 

You may click on the below links to jump to a topic of your choice:                                                                                                                                                     

    Victim Witness Assistance Program Overview
    Victim Rights - Marsy's Law
    Victim Compensation Program
    Victim Witness Forms and Documents
    Useful Websites
   

 

 


Victim Witness Assistance Program Overview

The Trinity County Victim Witness Assistance Program provides the following direct services to victims of crime:

  •     Orientation to the criminal justice system (victims and witnesses)
  •     Court escort (victims and witnesses)
  •     Secure waiting room prior to trial (victims and witnesses)
  •     Resource and referral assistance
  •     Case status (next hearing dates, trial date, sentencing date, etc.) and case disposition
  •     Assistance with claims with California's Victim Compensation and Government Claims Board
  •     Assistance in seeking a restitution order from the defendant
  •     Assistance in the return of the victim's property that was held as evidence
  •     Restraining order assistance
  •     Funeral arrangements (assisting the next-of-kin)
  •     Transportation assistance (victims and witnesses)
  •     Assisting victims of crime with their Victim Impact Statements
  •     Notification of the crime to family/friends at the request of the victim
  •     Employer notification of the crime at the request of the victim
  •     Educational outreach to the community

The District Attorney's Victim Witness Assistance Program is staffed by a full-time victim's advocate and can be reached at 530-623-8357.

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Victim Rights - Marsy's Law

Under California's Constitution, Article 1, Section 28, certain rights are specifically conferred upon victims of crime. These rights include:

  1.     Fairness and Respect

    To be treated with fairness and respect for his or her privacy and dignity, and to be free from intimidation, harassment, and abuse, throughout the criminal or juvenile justice process.

  1.     Protection from the Defendant

    To be reasonably protected from the defendant and persons acting on behalf of the defendant.

  1.     Victim Safety Considerations in Setting Bail and Release Conditions

    To have the safety of the victim and the victim’s family considered in fixing the amount of bail and release conditions for the defendant.

  1.     The Prevention of the Disclosure of Confidential Information

    To prevent the disclosure of confidential information or records to the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, which could be used to locate or harass the victim or the victim’s family or which disclose confidential communications made in the course of medical or counseling treatment, or which are otherwise privileged or confidential by law.

  1.     Refusal to be Interviewed by the Defense

    To refuse an interview, deposition, or discovery request by the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any such interview to which the victim consents.

  1.     Conference with the Prosecution and Notice of Pretrial Disposition

    To reasonable notice of and to reasonably confer with the prosecuting agency, upon request, regarding, the arrest of the defendant if known by the prosecutor, the charges filed, the determination whether to extradite the defendant, and, upon request, to be notified of and informed before any pretrial disposition of the case.

  1.     Notice of and Presence at Public Proceedings

    To reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present and of all parole or other post-conviction release proceedings, and to be present at all such proceedings.

  1.     Appearance at Court Proceedings and Expression of Views

    To be heard, upon request, at any proceeding, including any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue.

  1.     Speedy Trial and Prompt Conclusion of the Case

    To a speedy trial and a prompt and final conclusion of the case and any related post-judgment proceedings.

  1.     Provision of Information to the Probation Department

    To provide information to a probation department official conducting a pre-sentence investigation concerning the impact of the offense on the victim and the victim’s family and any sentencing recommendations before the sentencing of the defendant.

  1.     Receipt of Pre-Sentence Report

    To receive, upon request, the pre-sentence report when available to the defendant, except for those portions made confidential by law.

  1.     Information About Conviction, Sentence, Incarceration, Release, and Escape

    To be informed, upon request, of the conviction, sentence, place and time of incarceration, or other disposition of the defendant, the scheduled release date of the defendant, and the release of or the escape by the defendant from custody.

  1.     Restitution

A.  It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer.

B.  Restitution shall be ordered from the convicted wrongdoer
    in every case, regardless of the sentence or disposition
    imposed, in which a crime victim suffers a loss.

C.  All monetary payments, monies, and property collected
    from any person who has been ordered to make restitution
    shall be first applied to pay the amounts ordered as
    restitution to the victim.

  1.     The Prompt Return of Property

    To the prompt return of property when no longer needed as evidence.

  1.     Notice of Parole Procedures and Release on Parole

    To be informed of all parole procedures, to participate in the parole process, to provide information to the parole authority to be considered before the parole of the offender, and to be notified, upon request, of the parole or other release of the offender.

  1.     Safety of Victim and Public are Factors in Parole Release

    To have the safety of the victim, the victim’s family, and the general public considered before any parole or other post-judgment release decision is made.

  1.     Information About These 16 Rights

    To be informed of the rights enumerated in paragraphs (1) through (16).

For more information on Marsy’s Law, visit the California Attorney General's website at:   http://oag.ca.gov/victimservices

Or contact the Trinity County Victim Witness Assistance Program at 530-623-8357.

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Victim Compensation Program

The following text is from California's Victim Compensation and Government Claims Board (VCGCB) website. You may access the website for more information at: http://www.vcgcb.ca.gov/

What is the Victim Compensation Program (CalVCP)?

  •     The Victim Compensation Program (CalVCP) can help victims of violent crime and their families deal with the emotional, physical, and financial aftermath of crime. Victims can apply for compensation by filing an application with the California Victim Compensation and Government Claims Board (Board), which administers CalVCP.

Who is eligible for compensation?

  •      To be eligible for compensation, a person must be a victim of a qualifying crime involving physical injury, threat of physical injury or death. For certain crimes, emotional injury alone is all that needs to be shown. Certain family members or other loved ones who suffer an economic loss resulting from an injury to, or death of, a victim of a crime may also be eligible for compensation.
  •     Applicants must meet the following eligibility requirements. The victim must:
    •   Have been a California resident when the crime occurred, or the crime must have occurred in California.
    •   Cooperate reasonably with police and court officials to arrest and prosecute the offender.
    •   Cooperate with CalVCP staff to verify the application.
    •   Not have been involved in events leading to the crime or have participated in the crime.
    •   File the application within three years of the crime, three years after the direct victim turns 18 years of age, or three years from when the crime could have been discovered, whichever is later. Also, if the application is based on specified crimes involving sex with a minor, a victim may file at any time prior to the victim’s 28th birthday. If an application is filed late, the victim must complete the Late Filing Consideration Form and submit it with their application.

Who is not eligible?

  •     Persons who commit the crime.
  •     Persons who knowingly and willingly participated in or were involved in the events leading to the crime; some exceptions may be raised.
  •     Persons who do not cooperate reasonably with a law enforcement agency in the apprehension and conviction of a criminal committing the crime; some exceptions may be considered.
  •     A person who is convicted of a felony may not be granted compensation until that person has been discharged from probation or has been released from a correctional institution and has been discharged from probation or parole, if any. The time for filing an application is still one year from the date the crime occurred.

What are examples of crimes that are typically covered?

  •     Assault with a deadly weapon
  •     Battery (when there is injury or threat of injury)
  •     Child abuse
  •     Child sexual assault
  •     Child endangerment and abandonment
  •     Domestic violence
  •     Driving under the influence
  •     Hit and run
  •     Vehicular manslaughter
  •     Murder
  •     Robbery
  •     Sexual assault
  •     Stalking
  •     Sexual battery
  •     Unlawful sexual intercourse (where there is injury or threat of injury)
  •     Terrorism
  •     Other crimes that result in physical injury or a threat of physical injury to the victim

For more information on the Victim Compensation Program, visit the Victim Compensation and Government Claims Board website at: http://www.vcgcb.ca.gov/

Or contact the Trinity County Victim Witness Assistance Program at 530-623-8357.

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Victim Witness Forms and Documents

Restitution for Victims CalVCP

Victim Compensation Form (English)

Citizen's Guide on Elder Abuse

Victim Impact Statement Guidelines

 

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Useful Websites

    California Victim Compensation and Government Claims Board: http://www.vcgcb.ca.gov/
    Human Response Network: http://www.humanresponsenetwork.org/
    California Courts: http://www.courts.ca.gov/
    California Office of the Attorney General, Victims Services Unit: http://oag.ca.gov/victimservices
    California Dept. of Corrections and Rehabilitation, Office of Victim & Survivor Rights and Services: http://www.cdcr.ca.gov/victim_services/index.html

 

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The Trinity County District Attorney's Victim Witness Assistance Program is funded by a grant from the California Emergency Management Agency.