MCGREGOR LAW CORP.
Southern California Criminal Defense
REPRESENTING A VICTIM'S RIGHTS IN
CALIFORNIA'S CRIMINAL COURTS
California's State Legislature has created a set of laws to give a specific roadmap for what rights an alleged victim of a crime has in California. This set of laws and rights are known by the name of "Marsy's Law" in the criminal justice system.
Marsy's Law Representation
Marsy’s Law representation includes all representation in line with California Constitution article I, § 28, section (b) – Victim’s Bill of Rights. It includes restitution recovery, representation during victim interview obligations, and providing impact statements and case resolution input during the appropriate stages of criminal court proceedings.
WHO REPRESENTS THE VICTIM?
Each professional in the system has their own job.
Until Marsy's Law, there was no specific position required to look after the rights of the victim exclusively.
It is the job of the government's prosecutor to prosecute a suspected crime.
It is the job of the defendant's attorney to protect the rights of the person accused of a crime.
It is the judge's job to play referee and interpret the law and control proceedings.
None of these professionals exist to solely represent the rights of a victim.
THE PROSECUTOR'S ROLE
Oftentimes the job has fallen to the prosecutor to do their best to act on behalf of the victim during proceedings, but this is not their primary role. The victim is not the prosecutor's client. The client of the prosecutor is the general public.
According to the American Bar Association's Standard 3-1.2 Functions and Duties of the Prosecutor, a prosecutor's duty "is to seek justice within the bounds of the law, not merely to convict. The prosecutor serves the public interest and should act with integrity and balanced judgment to increase public safety both by pursuing appropriate criminal charges of appropriate severity and by exercising discretion to not pursue criminal charges in appropriate circumstances. The prosecutor should seek to protect the innocent and convict the guilty, consider the interests of victims and witnesses, and respect the constitutional and legal rights of all persons, including suspects and defendants."
The prosecutor is not your representative.
MARSY'S LAW GIVES THE VICTIM THEIR OWN ADVOCATE IN CRIMINAL COURT.
The victim of a crime now is the right to hire a lawyer to represent their interests above all other interests. As criminal defense attorneys, our firm is uniquely qualified to understand what the criminal justice system experience will be like for the people moving through it.
Each professional in the system has their own job. It is the job of the government's prosecutor to prosecute a suspected crime. It is the job of the defendant's attorney to protect the rights of the person accused of a crime. It is the judge's job to play referee and interpret the law and control proceedings.
Until Marsy's Law, there was no specific position required to look after the rights of the victim exclusively. That has changed. The victim of a crime now is the right to hire a lawyer to represent their interests above all other interests.
As Marsy's Rights attorneys, we are experienced criminal law advocates able to assist clients in restraining order proceedings, bail hearings, records requests, interviews, victim impact statements, and collecting restitution to the full extent allowed under the law.
If you are the victim of a crime in Southern California, you may have rights that you did not even know existed. We invite you to utilize the links in this article to research the matter on your own, head to our resources page, or contact us for a free consultation utilizing our contact information below.