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My Question is just because you were not issued a "MARSY RIGHTS" CARD does this mean your not a victim?

Lincoln, CA |

I was a victim of a terrible assault, in witch my head was stapled. D.A held court without myself or witness. He ever once spoke to me at all. If he would have handed me those rights, I would not be in the position I'm in. Prosecutor will not tell me anything. His Probation Officer, had me in to fill out restitution papers, 45 min later after my assault he crushed a mans skull in and had brain bleeding. This man was already on Probation for a felony hate crime. He got one year in jail, and his probation officer did not violate him for either crime!! I

Attorney Answers 3

Posted

Sorry for your problems. I am not sure how he "hands you those rights" unless you are talking about the card. I am not sure how giving you a card would change anything...

Crime victims may obtain additional information regarding Marsy's Law and local Victim Witness Assistance Center information by contacting the Attorney General's Victim Services Unit at 1-877-433-9069.

This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.

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Posted

You are a victim whether or not anyone handed you a "card" or not. I personally do not believe such things exist. Your rights as a victim are not the same as those of a defendant.
I think the prosecutor behaved rudely and you should write to his boss THE DA Mr. R. ScottOwens at (916) 543-8000.
You may also want to discuss obtaining a restraining order and the viabiity of a civil suit.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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Posted

You were indeed a victim whether or not you received a Victim's Rights Card. Often times, these are forgotten in the hustle of putting together the case or making the arrest but while they list your rights, the card itself does not grant rights you do not already possess.

I am sorry for your treatment. It is not uncommon for witnesses and victims to feel re-victimized by the system. Our justice system is not perfect, and no penalty will make you whole but you will be best served by documenting your frustrations in a letter to the DA or to a Victim's Rights Group.

Good Luck.

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