I NFORMATION FOR V ICTIMS AND W ITNESSES by DOJ

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									      I NFORMATION FOR V ICTIMS AND                                       THE CRIMINAL J USTICE PROCESS                                         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 Georgia
 questions that may arise. We have included information                                  INVESTIGATION                                       helps cover expenses for eligible victims of violent crime
 which will give you an understanding of how the Federal                                                                                     who have suffered physical or psychological injury due to the
                                                                                              ARREST
 criminal justice system works.                                                                                                              victimization.The Crime Victim Compensation Program
                                                                              DETENTION HEARING (POSSIBLE)                                   may be able to reimburse you for crime related expenses
 The role of the United States Attorney’s Office is to prose-
                                                                                                                                             such as medical expenses, mental health expenses, lost
 cute cases fairly and justly. Our actions on your behalf do     The Government is seeking to detain of the defendant and may do so
                                                                                                                                             wages/ loss of support, funeral expenses, and/ or crime
                            -
 not constitute an attorneyclient relationship and we cannot     based on the statement of the prosecutor or by presenting witnesses
                                                                                                                                             scene clean-up. The claim needs to be filed within 1 year of
 give you legal advice. The interests of the United States may                             and exhibits.
                                                                                                                                             the crime. To obtain further information on eligibility
 occasionally diverge from your interests as a victim.
                                                                                   PRELIMINARY HEARING                                       requirements and an application, contact the Victim Witness
                                                                                                                                             Coordinator or Victim Witness Specialist listed on the back
                 V ICTIMS ’ RIGHTS                               A Judge determines if there is sufficient probable cause to charge the
                                                                                                                                             of this brochure.
                                                                 defendant. This only occurs if the defendant has not been charged by
 The Crime Victims’ Rights Act gives victims of                                          the Grand Jury.                                     Restitution
 offenses charged in Federal court the following
 rights:                                                                                          or                                         Under Federal law, restitution is mandatory for many (but
                                                                                                                                             not all) types of crimes. It is important for victims, who may
 ? right to be reasonably protected from the accused.
 ?
 The                                                                                GRAND JURY HEARING
                                                                                                                                             be entitled to restitution, to keep a record of their losses,
 ? right to reasonable, accurate, and timely notice of
 ?
 The                                                                                                  -
                                                                  A Grand Jury hears evidence in a non- public proceeding and may            medical expenses, property damage and counseling ex-
   any public court proceeding involving the crime or of                   issue a formal charge called an Indictment.                       penses, with receipts when possible. This information will be
   any release or escape of the accused.                                                                                                     needed by the probation department if the defendant is con-
                                                                            An Arrest Warrant may be issued at this time.
                                                                                                                                             victed and ordered to pay restitution.
 ?
 ? right not to be excluded from any such public court
 The                                                                                     ARRAIGNMENT
   proceeding, unless the court, after receiving clear and
                                                                  A defendant appears in court and hears the charge(s) against him/            T HE E MOTIONAL I MPACT O F C RIME
   convincing evidence, determines that testimony by the
                                                                 her. At this time, the defendant typically enters a plea of not guilty.
   victim would be materially altered if the victim heard                                                                                    Many victims of and witnesses to crime are emotionally
   other testimony at that proceeding.                                DISCOVERY, PLEA NEGOTIATIONS & MOTIONS                                 affected by their experience and although everyone reacts
 ?
 ? right to be reasonably heard at any public proceed-
 The                                                             This may include hearings & rulings on motions concerning the ad-           differently, many people report common reactions such as:
   ing in the district court involving release, plea, sentenc-   missibility of evidence, trial issues, or a possible guilty plea from the
                                                                                                                                             ?
                                                                                                                                             ?Anger
   ing, or any parole proceeding.                                                              defendant.
                                                                                                                                             ?
                                                                                                                                             ?Feelings of panic and/or anxiety
 ? reasonable right to confer with the attorney for the
 ?
 The                                                                                           TRIAL                                         ?
                                                                                                                                             ?Nightmares and sleep pattern changes
   Government in the case.                                        The Government presents its case with witnesses, followed by the           ?
                                                                                                                                             ?               -
                                                                                                                                              Feelings of self doubt, shame or guilt
 ? right to full and timely restitution as provided in the
 ?
 The                                                              defendant’s case. The trial generally results in a verdict by a jury.      ?
                                                                                                                                             ?Reliving what happened
   law.                                                              SENTENCE INVESTIGATION & REPORT PREPARED
                                                                  PRE-                                                                       ?
                                                                                                                                             ?Depression, difficulty concentrating
                                                                                                                                             ?
                                                                                                                                             ?Increased concern for personal safety and that of their
 ?
 ? right to proceedings free from unreasonable delay.
 The                                                                                             -sentence report is prepared for the
                                                                   After a finding of guilt, a pre                                               family
                                                                 judge by U.S. Probation, at which time you have the right to submit
 ?
 ? right to be treated with fairness and with respect for
 The                                                                              written victim impact statements.
   the victim's dignity and privacy.                                                                                                         Many people continue to have these responses for some time
                                                                                             SENTENCE                                        after the crime. The Victim-Witness Program can assist you
We will make our best efforts to ensure you are pro-
vided the rights described. You may seek the advice                                           APPEAL                                         in finding appropriate support services.
of an attorney with respect to these rights.
         IF YOU ARE THREATENED                             Limited confidentiality STATEMENT
              OR HARASSED
                                                                                                                               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-mount.   investigative case agent. We do our best to keep sensitive
Please contact the investigating agent or the Victim -     information confidential. As part of the team, there are
Witness Program immediately. They may discuss with         times when we may need to share information you pro-                               FOR
you additional safety measures and assistance such as      vide with the other team members. This is especially im-
temporary restraining orders, possible relocation, or      portant if you share information regarding your safety, a
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.
     OTHER ASSISTANCE & SERVICES                                                                                          VICTIMS AND WITNESSES
                                                                      CONTACT INFORMATION
If you are a victim, you are entitled to:                              Christie Smith Jones
                                                                   Victim Witness Coordinator
                                                                                 and
                    ?
                    ?
                    Notification of case events,                            Beth Dozier
                      usually by letter or E-mail,                   Victim Witness Specialist
                      through the Victim Notification                   U.S. Attorney’s Office
                      System. If the defendant is                    75 Spring Street, Southwest
                      convicted and sentenced to the                   Atlanta, Georgia 30303
                      custody of the Bureau of Prisons,                    1-888-431-1918
                      notification will continue                           (404) 581-6102
    regarding the defendant’s release date, furlough, or                   (404) 581-6041
    escape. REMINDER: please keep us informed                            Fax (404) 5816311
    of any address, E-mail, or telephone number               Georgia State Compensation Program
    changes.                                                               (404) 559-4949
?
?Referrals to other agencies or professionals for                          Crisis Hotline
    counseling, shelter, and/or compensation.                             1-800-273-TALK
                                                                           1-800-SUICIDE
If you are a victim or a witness,                           National Organization for Victim Assistance                   “Our Nation’s highest ideals of compassion and
you are entitled to:                                                      1-800-TRY-NOVA                                  justice demand that we protect the welfare of all
                                                               National Center for Victims of Crime
?
? separate waiting area
 A                                                                        1-800-FYI-CALL                                          ”
                                                                                                                          victims. - Attorney General Alberto Gonzales
    away from defendant and
    defense witnesses.

?
?Courtroom support.                 A Federal Courthouse
                                                                                                                            Office of the United States Attorney
?
?Information and assistance
    with travel, lodging, parking, and reimbursement
                                                                                                                               Northern District of Georgia
    for mandatory court appearances and pre-trial                                                                                          Victim
                                                                                                                                      Witness Program
    interviews

								
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