Victim’s Rights Statement

CRIME VICTIM RIGHTS

As a victim of crime, you shall be treated with dignity and respect by the criminal justice system. The North Carolina Constitution guarantees the following rights:

▪ The right upon request to reasonable, accurate, and timely notice of court proceedings of the accused.

▪ The right upon request to be present at court proceedings of the accused.

▪ The right to be reasonably heard at court proceedings involving the plea, conviction, sentencing, or release of the accused.

▪ The right to receive restitution in a reasonably timely manner, when ordered by the court.

▪ The right to be given information about the crime, how the criminal justice system works, the rights of victims, and the availability of services for victims.

▪ The right upon request to receive information about the conviction or final disposition and sentence of the accused.

▪ The right upon request to receive notification of escape, release, proposed parole or pardon of the accused, or notice of a reprieve or commutation of the accused’s sentence.

▪ The right to present the victim’s views and concerns in writing to the Governor or agency considering any action that could result in the release of the accused, prior to such action becoming effective.

▪ The right to reasonably confer with the prosecution.

PRETRIAL RELEASE

▪ Upon arrest, a defendant has the right to pretrial release through a bond or special conditions set by a magistrate or judge.

▪ To obtain information regarding custody status changes and criminal case information, visit www.ncsavan.org or call 1-877-627-2826.

VICTIM’S COMPENSATION

Victims Compensation Services reimburses citizens who suffer medical expenses and lost wages as a result of being an innocent victim of a crime. A claim must be filed within two years to receive compensation. For more information, go to www.ncdps.gov (Crime Victim Compensation) or call 1-800-826-6200.

LAW ENFORCEMENT SERVICES

▪ Should you need medical assistance resulting from this crime, law enforcement can provide the proper information.

▪ If you receive a threat, immediately call the law enforcement agency and prosecutor assigned to your case.

▪ Any stolen or other personal property that has been seized shall be expeditiously returned when it is no longer needed as evidence.

▪ If an arrest is made in your case, law enforcement will notify you. If you are not notified within six months of the reported crime, you may contact: WFU Police Victim’s Advocate, (336) 758-5591.

WHO IS ELIGIBLE?

Under G.S. 15A-830, a “victim” entitled to the rights and protections of the CVRA is defined as anyone against whom there is probable cause to believe that one of the following crimes was committed:

  1. Felonies

    1. Any Class A through E felony.
    2. Abduction of children (G.S. 14-41).
    3. Assault inflicting serious bodily injury (G.S. 14-32.4).
    4. Assault on a handicapped person (G.S. 14-32.1(e)).
    5. Assault on an executive, legislative, or court official with a deadly weapon or inflicting serious injury (G.S. 14-16.6(b) or (c)).
    6. Assault on emergency personnel with a dangerous weapon or substance (G.S. 14-288.9).
    7. Assault with a firearm or deadly weapon on a government officer/employee or campus/company police officer (G.S. 14-34.2).
    8. Assault with a firearm, deadly weapon, or inflicting serious bodily injury on a firefighter, emergency medical technician, or emergency room nurse or physician (G.S. 14-34.6(b) – (c)).
    9. Common-law robbery (G.S. 14-87.1).
    10. Domestic abuse or neglect of a disabled or elder adult causing injury or serious injury (G.S. 14-32.3(a)-(b)).
    11. Felonious restraint (G.S. 14-43.3).
    12. Felony death by vehicle (G.S. 20-141.4).
    13. Habitual impaired driving (G.S. 20-138.5).
    14. Habitual misdemeanor assault (G.S. 14-33.2).
    15. Human trafficking of adults (G.S. 14-43.11).
    16. Involuntary manslaughter (G.S. 14-18).
    17. Participating in the prostitution of a minor (former G.S. 14-190.19).
    18. Patient abuse/neglect causing serious bodily injury (G.S. 14-32.2(b)(3)).
    19. Second degree arson (G.S. 14-58).
    20. Second degree burglary (G.S. 14-51).
    21. Second degree sexual exploitation of a minor (G.S. 14-190.17).
    22. Stalking, second or subsequent offense or when a court order is in effect (G.S. 14- 277.3A or former G.S. 14-277.3).
    23. Taking indecent liberties with children (G.S. 14-202.1).
    24. Third-degree sexual exploitation of a minor (G.S. 14-190.17A).
    25. Any attempt of the felonies listed above if the attempt is punishable as a felony.
  1. Misdemeanors
    The following apply only when the offense is committed between persons who have a personal relationship as defined in G.S. 50B-1(b). These include: current/former spouse; persons of opposite sex who live or have lived together or who are in or were in a dating relationship; parents/children; grandparents/grandchildren; child in common; current or former household members.

    1. Assault by pointing a gun (G.S. 14-34).
    2. Assault inflicting serious injury or using a deadly weapon (G.S. 14-33(c)(1)).
    3. Assault on a female (G.S. 14-33(c)(2)).
    4. Domestic criminal trespass (G.S. 14-134.3).
    5. Simple assault or affray (G.S. 14-33(a)).
    6. Stalking, first offense (G.S. 14-277.3A or former G.S. 14-277.3).
  1. Protective Order Violations

    1. Any violation of a valid protective order under G.S. 50B-4.1.