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Information and Assistance for Federal Crime Victim and Witnesses in English

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Information and Assistance for Federal Crime Victim and Witnesses in English
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I F Y OU A RE T HREATENED L IMITED C ONFIDENTIALITY S TATEMENT

O R H ARASSED Information And

We are here to assist you as you go through the criminal

If anyone threatens you or you feel that you are being justice process. However, you should know that we work

harassed because of your cooperation with this case,

as part of a team with the criminal prosecutor and the Assistance

there are remedies available. Your safety is para- investigative case agent. We do our best to keep sensitive

mount. Please contact the investigating agent or the

information confidential. As part of the team, there are

Victim-Witness Program immediately. They may dis- times when we may need to share information you pro- For

cuss with you additional safety measures and assistance vide with the other team members. This is especially im-

such as temporary restraining orders, possible reloca- portant if you share information regarding your safety, a

tion, or other appropriate referrals. medical emergency, information that relates to child Federal Crime

abuse, and/or information that is critical to the investiga-

tion or prosecution of the case.

O THER A SSISTANCE & S ERVICES Victims and Witnesses



If you are a victim, you are entitled to: C ONTACT I NFORMATION



• Notification of case events, Julia Landry

usually by letter or E-mail, through

Victim-Witness Coordinator

the Victim Notification System. If

the defendant is convicted and sen- U.S. Attorney’s Office

tenced to the custody of the Bureau 777 Florida Street, Suite 208

of Prisons, notification will continue

Baton Rouge, La. 70801

regarding the defendant’s release date, furlough, or

escape. REMINDER: please keep us informed (225) 389-0443 or 1-877-242-1884

of any address, E-mail, or telephone number

changes.

State Compensation Program

• Referrals to other agencies or professionals for coun- 1-888-6-VICTIM

seling, shelter, and/or compensation.

National Organization for Victim Assistance

If you are a victim or a witness, 800-TRY-NOVA

you are entitled to: National Center for Victims of Crime “Our Nation’s highest ideals of compassion and

• A separate waiting area justice demand that we protect the welfare of all

800-FYI-CALL

away from defendant and victims.” - Attorney General Alberto Gonzales

defense witnesses.



• Courtroom support.

A Federal Courthouse

• Information and assistance

with travel, lodging, parking, and reimbursement for

Office of the United States Attorney

mandatory court appearances and pre-trial inter- Middle District of Louisiana

views. Victim-Witness Program

I NFORMATION FOR V ICTIMS AND T HE C RIMINAL J USTICE P ROCESS R ESTITUTION AND C OMPENSATION

W ITNESSES OF F EDERAL C RIME

As the case moves through the Federal court system, there are sev- Victim Compensation

eral events that typically occur.

The following information has been prepared to help answer The Victim Compensation Program for the State of XXX

questions that may arise. We have included information INVESTIGATION helps cover expenses for victims of violent crime who have

which will give you an understanding of how the Federal suffered physical or psychological injury. The Crime Victim

ARREST

criminal justice system works. Compensation Program may be able to reimburse you for

DETENTION HEARING (POSSIBLE) crime related expenses such as medical care, mental health

The role of the United States Attorney’s Office is to prose-

expenses, and lost wages due to crime related injuries. To

cute cases fairly and justly. Our actions on your behalf do The Government is seeking to detain of the defendant and may do so

obtain further information and an application, contact the

not constitute an attorney-client relationship and we cannot based on the statement of the prosecutor or by presenting witnesses

Victim-Witness Coordinator listed on the back of this bro-

give you legal advice. The interests of the United States may and exhibits.

chure.

occasionally diverge from your interests as a victim.

PRELIMINARY HEARING

Restitution

V ICTIMS ’ R IGHTS A Judge determines if there is sufficient probable cause to charge the

Under Federal law, restitution is mandatory for many (but

defendant. This only occurs if the defendant has not been charged by

not all) types of crimes. It is important for victims, who may

The Crime Victims’ Rights Act gives victims of the grand jury.

be entitled to restitution, to keep a record of their losses,

offenses charged in Federal court the following or medical expenses, property damage and counseling ex-

rights: penses, with receipts when possible. This information will be

GRAND JURY HEARING

• The right to be reasonably protected from the accused. needed by the probation department if the defendant is con-

• The right to reasonable, accurate, and timely notice of any A Grand Jury hears evidence in a non-public proceeding and may victed and ordered to pay restitution.

public court proceeding involving the crime or of any release issue a formal charge called an Indictment.

or escape of the accused. • The right not to be excluded An Arrest Warrant may be issued at this time.

from any such public court proceeding, unless the court,

after receiving clear and convincing evidence, determines ARRAIGNMENT

T HE E MOTIONAL I MPACT O F C RIME

that testimony by the victim would be materially altered if A defendant appears in court and hears the charge(s) against him/

the victim heard other testimony at that proceeding. • The her. At this time, the defendant typically enters a plea of not guilty. Many victims of and witnesses to crime are emotionally

right to be reasonably heard at any public proceeding in the

DISCOVERY, PLEA NEGOTIATIONS & MOTIONS affected by their experience and although everyone reacts

district court involving release, plea, sentencing, or any pa-

differently, many people report common reactions such as:

role proceeding. • The reasonable right to confer with the This may include hearings & rulings on motions concerning the ad-

attorney for the Government in the case. • The right to full missibility of evidence, trial issues, or a possible guilty plea from the • Anger

and timely restitution as provided in the law. • The right to defendant. • Feelings of panic and/or anxiety

proceedings free from unreasonable delay. • The right to be • Nightmares and sleep pattern changes

treated with fairness and with respect for the victim's dignity TRIAL

• Feelings of self-doubt, shame or guilt

and privacy. The Government presents its case with witnesses, followed by the • Reliving what happened

We will make our best efforts to ensure you are pro- defendant’s case. The trial generally results in a verdict by a jury. • Depression, difficulty concentrating

vided the rights described. You may seek the advice PRE-SENTENCE INVESTIGATION & REPORT PREPARED • Increased concern for personal safety and that of their

of an attorney with respect to these rights. family

After a finding of guilt, a pre-sentence report is prepared for the

If you believe that an employee of the United States judge by U.S. Probation, at which time you have the right to submit

Attorney's Office failed to provide you with one or written victim impact statements. Many people continue to have these responses for some time

more of these rights, you may file an administrative after the crime. The Victim/Witness Unit can assist you in

complaint, as provided under 28 CFR § 45.10. Please SENTENCE

finding appropriate support services.

contact the United States Attorney's Office to obtain APPEAL

information about these procedures.


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