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California Victims Rights -- Los Angeles Attorneys
Victim's Rights in Domestic Violence Cases
Posted on Feb 28, 2015 by attorney Michael Cernyar
Many victims do not like the way they are treated by the prosecution and/or the police. The victims thought that they would be treated fairly, with respect & dignity but they weren't. Here are a few tips if you haven't been treated fairly with the respect & dignity you deserve.
California Constitution Rights for Victims
As a victim the California Constitution Article 1, Section 28 guarantees victims the right to be treated with fairness and respect for their privacy and dignity, and to be free from intimidation, harassment, and abuse throughout the criminal or juvenile justice process. If as a victim, you discovered that the police report is fill with inaccuracies and misleading statements then these rights are being violated.
Victim's Bill of Rights / Marsy's Law
Victim's Bill of Rights / Marsy's law that grants victims the right to be represented by counsel of their choosing, rather than relying on the prosecutor. Even at the restitution hearing, you can be represented by counsel of your choosing.
California Code of Civil Procedure Section 1219(b)
Many times victims of domestic violence don't want to press charges, but find themselves frustrated because their voices are not heard. That's when Wex Law attorneys come in to represent the victim's rights. The court cannot imprison or otherwise confine or place in custody the victim of a domestic violence crime for contempt if the contempt consists of refusing to testify concerning that domestic violence crime. Counseling can be ordered, but that is rare. It's important to note that if the victim receives a subpoena then they must appear in court on the date and time stated in the subpoena, but they needn't testify. Many prosecutors and judges will force the victim to testify so its best for the victim to retain an attorney to exercise her/his rights.
Consult Wex Law Attorneys
You could benefit from meeting with Wex Law attorneys to discuss further. Even if you decide not to hire the attorney the consultation with him or her could help you to understand the issues and your options. Many attorneys offer a free consultation. I wish you the best.
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