Victim Advocacy in the California Criminal Justice System

The criminal justice system in California is not designed to help victims. It operates to punish criminals and, hopefully, discourage criminal activity in the future. But someone who has already been harmed by criminal actions is generally just used as a tool to gain a conviction. And they may be used in a way that makes the experience even more painful than it already has been.

It is important for victims of serious crimes to understand their legal rights and how to protect their interests during a criminal case. This can be very difficult without an experienced victim advocate on your side.

At Berkowitz Law, we understand the criminal process backwards, forwards, and inside out. We know what prosecutors, police, and defense attorneys put victims through in and out of court. That is why we started offering victim advocacy services. If you would like information about the specific assistance we could provide in your situation, we invite you to contact us for a confidential consultation. Here, for background, we offer a broad overview of the role of victim advocacy in the California Criminal Justice System.

What a Victim Advocate Does

In most criminal cases, two attorneys battle for supremacy, using whatever tools they can muster, including witnesses. These attorneys—the prosecutor and the defense lawyer—are focused on achieving the best outcome for their client. The prosecutor works to obtain a conviction for the government. The defense lawyer works to secure an acquittal or another favorable outcome for the defendant accused of the crime.

Neither of these attorneys is focused on the victim’s best interests, even though the entire case centers on that person and what they experienced. These attorneys will use the victim as a witness, not caring whether they violate the victim’s rights or put them in a humiliating, degrading position that damages their future and often hurts even more than the initial crime.

A victim advocate is an attorney who protects the victim from the actions of both the prosecution and the defense. When you work with an experienced victim advocate, you gain an ally who can advise you and a legal representative who can act to protect your rights, your interests, and your self-worth and peace of mind. In addition, a victim advocate can help obtain restitution for criminal actions, thereby protecting the victim’s financial interests.

The prosecutor’s office may be able to provide an advocate for the victim, but that advocate will be keenly aware of who signs their paychecks. To obtain personalized protection focused solely on your interests, you may need to hire an independent advocate.

The Victims’ Bill of Rights and Marsy’s Law

The rights of crime victims were enshrined in law in 2008, when the California legislature passed the Victims’ Bill of Rights, often referred to as Marsy’s Law. Marsy Nicholas was a college student murdered by her boyfriend in 1983. Her killer was released on bail and confronted the family one week later, which prompted them to advocate for the enactment of protections for victims.

Among the rights guaranteed to victims under current California laws are:

• The right to be treated fairly and with respect for privacy
• The right to be free from intimidation, harassment, and abuse throughout the proceeding
• The right to be notified of and to be present at all public proceedings that are part of the case
• The right to be protected from the defendant
• The right to refuse to be interviewed by the defense
• The right to refuse discovery requests by the defense
• The right to be heard at any proceeding

Many of these rights, however, are only enforced if the victim specifically requests them. An experienced victim advocate will be well aware of the full range of rights and when those rights must be affirmatively sought to be protected.

The Stages Where Advocacy Matters Most

While it can be beneficial to work with a victim advocate at all phases of a criminal proceeding, there are times when it is especially crucial. Right after the crime was committed, during police investigations and interviews, having a victim advocate present can prevent the victim from suffering unnecessarily.

It is also important to have a legal advocate for the victim when the court holds hearings on whether the accused should be released on bail. A third stage in which the protection of an advocate is vital is preparation for the trial. A skilled advocate can work to prepare the victim for the process of facing the intimidating atmosphere of the courtroom and the trauma of reliving the experience.

Finally, it is helpful to have a knowledgeable advocate present at sentencing to help the victim prepare a strong Victim Impact Statement that demonstrates how the crime has affected their life.

Financial Recovery Through the Restitution Process

California law generally grants victims the right to seek financial compensation for losses resulting from criminal acts. A victim advocate can work with the California Victim Compensation Board to recover resources to pay medical bills, provide mental health services, and cover wages lost due to an inability to work resulting from the crime.

Victim Advocacy Speaks for You in a Legal System That is Not Always Willing to Listen

Being the victim of a crime can make you feel powerless. The criminal justice process usually does little to alleviate that sensation and can, in fact, make it worse. But having an experienced victim advocate on your side can give you a powerful voice and help you secure justice. To talk to Jesse Berkowitz about how victim advocacy would protect you in your specific circumstances, call Berkowitz Law at 510-947-0300 or contact us online today.