Victim Witness Assistance Programs
The District Attorney’s Office Victim Witness Assistance Program is dedicated to providing advocacy and supportive services to victims of crime in our community. Becoming a victim of crime can have a devastating impact on a person, families, and the community. Victims of crime may suffer physical, emotional, or financial harm. Others may face retaliation, intimidation, or are confused by the criminal justice system. The Victim Witness program advocates are extensively trained, compassionate individuals who are here to assist you through the difficult task of coping with these challenges.
Frequently Asked Questions
Generally, witnesses, apart from experts retained by the parties, must come to court to testify about matters that they have knowledge of without payment. It is a civic duty imposed upon all citizens in order to insure a just and fair judicial system.
Contact the Victim/Witness Assistance Program of the District Attorney’s Office at (916) 874-6218 or daoffice@sacda.org. A victim advocate will explain the process and answer any questions you may have.
Yes. The defendant has the right to be present in court to hear what all the witnesses say about him or her. Both the prosecutor and the defendant’s attorney will ask you questions.
A subpoena is a court order that must be obeyed. If you have a date conflict, contact the deputy district attorney listed on the subpoena before the appearance date and discuss your conflict. If you do not appear without receiving permission from the deputy district attorney, a warrant can be issued for your arrest.
Witnesses are not limited to eye witnesses. You may not have seen the crime happen but you may know something about it. You may also know something about a piece of evidence, or you may know something that contradicts another witness’s testimony. If you wonder why you are testifying in a particular case, contact the deputy district attorney listed on the subpoena for more information.
When you receive a subpoena from the District Attorney’s Office, please contact the deputy district attorney listed on the subpoena to get further information and instructions.
Call the California Department of Justice Identity Theft Registry 1-888-880-0240 or visit http://oag.ca.gov/idtheft, or the Identify Theft Resource Center 1-858-693-7935 or http://www.idtheftcenter.org/. To obtain a copy of the ID Theft Affidavit form for reporting identity theft, go to www.consumer.gov/idtheft, and also see “When Bad Things Happen to Your Good Name” on the same page. Report the identity theft crime to the Federal Trade Commission at https://www.ftccomplaintassistant.gov/#crnt&panel1-2 for entry into the Consumer Sentinel database.
When a criminal case has been resolved, our office sends a property release to the law enforcement agency that handled the case. You should contact that law enforcement agency directly. If they do not have a release on file, please contact our office at 916-874-6218 or daoffice@sacda.org and the attorney who handled the case will review your request and prepare a property release, if appropriate. In certain cases we are required to wait at least 60 days to see if an appeal is filed. If you are the victim, in many cases we may be able to have your property photographed and returned to you. We do not authorize the release of firearms or other contraband to defendants after a conviction.
If the defendant is on probation, restitution is usually paid through the Department of Revenue Recovery. You may call them at (916) 875-7500 or email them at DRRMail@saccounty.net. If the defendant is on formal probation, you may also contact the assigned probation officer by calling the Probation Agency at (916) 875-0300. You may also email the District Attorney’s Office at restitution@sacda.org for inquiries regarding restitution.
We also work with victims and witnesses in obtaining criminal protective orders after a criminal case has been filed. If a case is presented and filed, the assigned prosecutor can request a criminal protective order in court. You may call our Victim Witness Unit at (916) 874-6218 to determine if either of these orders may be appropriate in your matter.
Please contact the law enforcement agency where the crime occurred. That agency is responsible for investigating domestic violence cases.
All criminal complaints are prosecuted on behalf of the State of California. Only the prosecutor can issue or dismiss charges. Although the decision whether to prosecute or not prosecute is ultimately up to the prosecutor, the victim’s opinion is important and the prosecutor will take those wishes into account when making his or her decisions regarding the case.
If the case has been submitted to our office by law enforcement and charges have been filed, we can provide you with the name of the defendant and the next court date. To obtain this information, please call (916) 874-6218 or email us at daoffice@sacda.org.
Our Victim Witness Unit offers a variety services to victims of crime. You may also call (916) 874-5701 to inquire about what services may be available to you as a crime victim.
Helpful Tips
Victim Bill of Rights California Constitution
Victims Rights Brochure
To be treated with dignity and compassion
To be protected from intimidation and harm
To be informed about the criminal justice process
Marsy’s Law significantly expands the rights of victims in California. Under Marsy’s Law, the California Constitution article I, § 28, section (b) now provides victims with the following enumerated rights:
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To be treated with fairness and respect for his or her privacy and dignity, and to be free from intimidation, harassment, and abuse, throughout the criminal or juvenile justice process.
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To be reasonably protected from the defendant and persons acting on behalf of the defendant.
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To have the safety of the victim and the victim’s family considered in fixing the amount of bail and release conditions for the defendant.
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To prevent the disclosure of confidential information or records to the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, which could be used to locate or harass the victim or the victim’s family or which disclose confidential communications made in the course of medical or counseling treatment, or which are otherwise privileged or confidential by law.
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To refuse an interview, deposition, or discovery request by the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any such interview to which the victim consents.
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To reasonable notice of and to reasonably confer with the prosecuting agency, upon request, regarding, the arrest of the defendant if known by the prosecutor, the charges filed, the determination whether to extradite the defendant, and, upon request, to be notified of and informed before any pretrial disposition of the case.
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To reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present and of all parole or other post-conviction release proceedings, and to be present at all such proceedings.
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To be heard, upon request, at any proceeding, including any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue.
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To a speedy trial and a prompt and final conclusion of the case and any related post-judgment proceedings.
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To provide information to a probation department official conducting a pre-sentence investigation concerning the impact of the offense on the victim and the victim’s family and any sentencing recommendations before the sentencing of the defendant.
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To receive, upon request, the pre-sentence report when available to the defendant, except for those portions made confidential by law.
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To be informed, upon request, of the conviction, sentence, place and time of incarceration, or other disposition of the defendant, the scheduled release date of the defendant, and the release of or the escape by the defendant from custody.
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To restitution.
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It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer.
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Restitution shall be ordered from the convicted wrongdoer in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss.
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All monetary payments, monies, and property collected from any person who has been ordered to make restitution shall be first applied to pay the amounts ordered as restitution to the victim.
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To the prompt return of property when no longer needed as evidence.
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To be informed of all parole procedures, to participate in the parole process, to provide information to the parole authority to be considered before the parole of the offender, and to be notified, upon request, of the parole or other release of the offender.
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To have the safety of the victim, the victim’s family, and the general public considered before any parole or other post-judgment release decision is made.
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To be informed of the rights enumerated in paragraphs (1) through (16).
Our team of dedicated and trained Victim Witness Advocates provides:
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Crisis intervention
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Information about Victim’s rights (Click here)
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Orientation to the criminal justice system (link to our witness guide to court proceedings)
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Resources and community referrals
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Assistance with obtaining restraining or no contact orders
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Advocacy for victims within the criminal justice system
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Assistance with applying for victim compensation
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Homicide Survivors Support group for family members of homicide victims, (link to our Homicide Support Network Brochure)
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Court escort: attending court hearings with victims to provide emotional support
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Other services include: Provide referrals to emergency community resources, Employer intervention, assistance with enrolling in SIRENS, coordination with the community, training for community agencies, and assistance with filing claims with the California Victim Compensation Program.
*Our program has assistance and information available in several languages and also utilizes a translation service.
Additional Program Services
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Victim and Witness Services
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Homicide Support Network – Newsletters
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Comfort Dog
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Other Services – including services for elder abuse, domestic violence, hate crimes, and homicide
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Victim FAQs / Witness FAQs
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Resources– including community and statewide resources
For inquiries regarding victim restitution, please email restitution@sacda.org.
Click here for brochure of Victim Witness Assistance Program – also in:
– Cantonese: 受害者權利法案
– Hmong: COV NEEG RAUG UA PHEM COV CAI NPLUA NYIAJ
– Russian: ЗАКОН О ПРАВАХ ПОТЕРПЕВШИХ
– Spanish: DECLARACIÓN DE DERECHOS DE LAS VÍCTIMAS
– Vietnamese: LUẬT VỀ CÁC QUYỀN CỦA NẠN NHÂN
Witness Guide to Court Proceedings Brochure
Click here for the brochure
VICTIMS OF CRIME COMPENSATION (link to CalVCB)
The California Victim Compensation Program provides financial reimbursement to victims of crime who suffer unreimbursed financial losses due to physical/emotional injury as a direct result of a crime. This program is funded by fines and penalties assessed by the courts and deposited in the Restitution Fund.
YOU MAY BE ELIGIBLE FOR COMPENSATION IF:
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You are injured as a result of a violent crime.
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You depend on the victim for support.
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You pay the medical or burial expenses of a victim who dies as a result of a crime.
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You are a member of the family of a victim who is injured or murdered, and you need counseling as a result of the crime.
REQUIREMENTS:
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You must file an application within seven years of the date of the crime.
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You must report the crime and cooperate with Law Enforcement.
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Your actions must not have contributed to the crime.