It is the United States Attorney's task to decide whether a case will be brought and how that case will be charged. The court will issue an order of restitution in cases where restitution is mandatory and will consider issuing a restitution order in cases where restitution is discretionary. To the public and to many victims, plea bargaining has a negative connotation. The date, time, and location of each court proceeding that the witness or victim is either required or permitted to attend. First, victim participation can contribute to providing factual and cultural information that can help the ICC establish the truth. Your appearance may involve waiting to be called before the Grand Jury, so you should bring some reading material or other work along with you. Phone: 415-426-6345 Complete cooperation and truthful testimony of all witnesses and victims are essential to the determination of the guilt or innocence of a person accused of committing a crime. How, and when, can I get it back? The Clerk of Court maintains a record of payments and disbursements on all court-ordered restitution for accountability purposes. The defendant is given an opportunity to plead guilty or not guilty to the charges at this time. The Assistant United States Attorney may also be contacting you for information at various stages of the proceedings. It is important to carefully review what you remember about the crime before testifying before the Grand Jury. (2002). Witnesses are placed under oath, their testimony is recorded, and their testimony may be used later during the trial. Next, the defendant is assisted in making arrangements for legal representation. Then the defendant's attorney has the right to question you. During a trial, it may seem as if most of the attention is paid to the defendant and not to the effects the crime has had on the victim. The reasonable right to confer with the attorney for the Government in the case. Orth, U. This pre-sentence report will become a formal part of the court record and, as such, will be seen by the defendant and his or her attorney. Most recently, Trial Chamber VI recommended that the ICC open its trial against Bosco Ntaganda locally in the Democratic Republic of Congo. Those conditions may include the defendant promising to appear on the date set for trial, the promise of a money bond to be forfeited if the defendant fails to appear, or other conditions of release that seem fair and appropriate to the Magistrate Judge. In many cases, the defendant may be subject to prosecution in a state, local, or tribal court (including a state court for the prosecution of juvenile delinquents), and prosecution in this other forum might be more appropriate than prosecution in federal court. Once the complaint or information is filed, a date is set for the defendant to appear before a United States Magistrate Judge for arraignment. Victim participation offers several potential benefits to legal proceedings, not to mention the victims themselves. It is not necessary for victims or witnesses to appear at the arraignment unless they have been specifically instructed to do so by the case agent or the Assistant United States Attorney. However, if the defendant is found guilty or pleads guilty to a crime in which you are a victim, you may have an opportunity to let the court know how the crime effected your life. President’s Task Force on Victims of Crime. There are two possible ways for you to recover your losses, compensation and restitution. Witnesses are usually not needed at this hearing. The defendant and his or her attorney typically see the Victim Impact Statement. Contact the Webmaster to submit comments. Since most federal criminal defendants are released on bond pending trial, you should not be surprised if you happen to see the defendant prior to trial. If you are a victim or a witness, the Victim Witness Program of the United States Attorney's Office can help you understand the rights given to you by law. Plea Agreements: When the United States Attorney reaches an agreement with a defendant, a plea agreement is established. Funeral expenses for a death resulting from a compensable crime. For example, a defendant may plead guilty to the crime, or the Government may dismiss the case (not try the case) for a variety of reasons. The victim participation system at the ICC is governed by Article 68(3) of the Rome Statute, which states: “Where the personal interests of the victims are affected, the Court shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Court…” Given the vagueness of this Article, it has been left to the jurisprudence of the Court to determine just how victims can participate in proceedings. If your property is being held as evidence and you would like to try to get your property back before the case is over, notify the law enforcement officer or the Assistant United States Attorney who is handling the case. Restitution occurs when an offender gives back the thing(s) he or she stole (or damaged) or when the offender pays the victim for his or her loss. If the Grand Jury decides that there is probable cause to believe that the defendant has violated a criminal law of the United States, they will return an indictment. Victims may attend the sentencing hearing, and will have the opportunity to address the court at this time. The court may appoint an attorney for the defendant if necessary. Over time, this state of affairs changed. Victim's rights laws apply to victims whether or not the victim testifies as a witness. Pretrial Diversion: When the United States Attorney decides not to try a defendant right away, or not to bring charges immediately, a defendant may be placed in a Pretrial Diversion Program. A trial of a misdemeanor case follows the same pattern described in detail in The Felony Trial section. Empowered with such information, victims are more likely to claim their rights in the future. The acceptance of a plea of guilty or nolo contendere, or the rendering of a verdict after trial. Usually, you will first be questioned by the Assistant United States Attorney. Victim participation can be one of the major contributors to the effectiveness, credibility, and fairness of the ICC; and this is a major imperative in relation to Africa from where the vast majority of ICC cases have come from. This is called victim allocution, and is discussed further in The Sentencing Hearing section. Although some defendants are detained (held without bond), many defendants charged with a felony are released at the end of the initial appearance. However, if the defendant fails to meet a condition, charges may be filed. You may face serious penalties for failing to appear as directed by the subpoena.

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