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Wednesday, December 15, 2010

Victims Rights

Victim Rights Granted to Victims of a Crime in New Hampshire

  • The right to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process.

  • The right to be informed about the criminal justice process and how it progresses.

  • The right to be free from intimidation and to be reasonably protected from the accused throughout the criminal justice process.

  • The right to be notified of all court proceedings.

  • The right to attend trial and all other court proceedings the accused has the right to attend.

  • The right to confer with the prosecution and to be consulted about the disposition of the case, including plea bargaining.

  • The right to have inconveniences associated with participation in the criminal justice process minimized.

  • The right to be notified if presence in court is not required.

  • The right to be informed about available resources, financial assistance, and social services.

  • The right to restitution, as granted under RSA 651:62-67 or any other applicable state law, or victim's compensation, under RSA 21-M:8-h or any other applicable state law, for their losses.

  • The right to be provided a secure, but not necessarily separate, waiting area during court proceedings.

  • The right to be advised of case progress and final disposition.

  • The right of confidentiality of the victim's address, place of employment, and other personal information.

  • The right to the prompt return of property when no longer needed as evidence.

  • The right to have input in the probation pre-sentence report impact statement.

  • The right to appear and make a written or oral victim impact statement at the sentencing of the defendant.

  • The right to be notified of an appeal, an explanation of the appeal process, the time, place and result of the appeal, and the right to attend the appeal hearing.

  • The right to be notified and to attend sentence review hearings and sentence reduction hearings.

  • The right to be notified of any change of status such as prison release, permanent interstate transfer, or escape, and the date of the parole board hearing, when requested by the victim through the victim advocate.

  • The right to address or submit a written statement for consideration by the parole board on the defendant's release and to be notified of the decision of the board, when requested by the victim through the victim advocate.

Victims' Assistance Commission

The New Hampshire Victims' Assistance Commission helps innocent victims of violent crime with expenses directly related to crime injuries. The costs of this program are paid by motor vehicle and criminal fine assessments and federal Victims Of Crime Act (VOCA) grants.

Who is Eligible?

  • Any person who sustains physical and/or mental injuries in a felony crime which occurred in New Hampshire on or after 11/02/89 or a misdemeanor crime that occurred in New Hampshire on or after 7/1/97.

  • Any person who sustains personal injury as a result of persons driving under the influence of alcohol or controlled substances in New Hampshire on or after 11/02/89.

  • Immediate family members of a homicide victim who was killed on or after 11/02/89.

  • New Hampshire residents injured by any of the above crimes in a state without a compensation program may also be eligible.

What Must You Do To Get Help?

  • You must report the crime to local law enforcement within 5 days, unless there is a reasonable explanation why you did not.

  • You must file an application with the commission within one year from the date of the crime, unless there is a reasonable explanation why you could not.

  • You must cooperate with the reasonable requests of law enforcement officers and prosecutors in their investigation or prosecution of the crime.

  • You must incur at least $100.00 in out-of-pocket loss or liability as a direct result of the crime.

  • You must not have contributed in any way to the injury or death.

  • You must not have been assisting in or committing a criminal act causing your injuries.
For more information visit The New Hampshire Department of Justice web site.

Source:The New Hampshire Department of Justice

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