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Santa Ana Criminal Victim Lawyers Explain Victims’ Rights & Marsy’s Law

If you or a loved one has been harmed in a criminal incident, connect with a Santa Ana criminal victim lawyer from the Law Offices of Benjamin Arsenian to protect your rights and ensure that you collect whatever damages you might be entitled to.

What Is Marsy’s Law?

The story of Marsy’s Law begins in 1983. Marsy Nicholas was a California college student who was murdered by her ex-boyfriend. A week after her death, Marsy’s family ran into her accused murderer while grocery shopping. They had no idea he was out on bail. The Nicholas family was both devastated and surprised at how the criminal justice system in California treated them, the victims, as opposed to how it treated the accused.

Marsy’s brother took up the fight for victims’ rights. As a result, California’s Victims’ Bill of Rights Act of 2008 was enacted. That law is commonly referred to as “Marsy’s Law.” It was approved by a landslide as Proposition 9, and the California Constitution was amended to include a broad range of enumerated rights for crime victims.

The Rights of Crime Victims in California 

Through Marsy’s Law, referred to as the Victims’ Bill of Rights, the rights of victims were expanded substantially in California, specifically through the California Constitution article I, Sec. 28, section (b), through which victims are provided with these enumerated rights:

  • To be treated with both fairness and respect for their privacy and dignity, while also being free from abuse, harassment, or intimidation during the criminal or juvenile process
  • To receive reasonable protection from the defendant and persons who are acting on behalf of the defendant
  • To have your safety and that of your family considered when determining the amount of bail and release conditions for the defendant
  • To prevent the disclosure or release of confidential information or records to the defendant or their attorney, or any other party acting on their behalf, that could be used to locate or harass the victim, or that could disclose other confidential or privileged information 
  • To refuse an interview, deposition, or other discovery request by the defendant, their criminal victim attorney, or other party acting on their behalf, and to establish reasonable conditions concerning the conduct in any such interview if you consent
  • There are a number of other rights outlined including a speedy trial and final conclusion of the case, as well as any post-judgment proceedings, which can include restitution 

Determining what your rights are is essential to your claim, while also ensuring that your privacy is protected. The experienced Santa Ana criminal victim attorneys from the Law Offices of Benjamin Arsenian are standing by to determine how we can help through your risk-free, cost-free initial consultation. 

Crime Victims Are Entitled to Restitution Under CA Law

Under CA Law, when you “suffer losses as a result of criminal activity” in California, you “have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer.” You are also entitled to the prompt returns of your property when it is no longer needed as evidence in the trial. Protecting your privacy during the case and ensuring that you receive the damages you are entitled to after are key parts of your Santa Ana criminal victims’ attorney’s work on your behalf.

How Our Team Can Help

A “personal injury” can happen to you, your loved ones, or your property and can be either the result of a crime, negligence, or an accident. Being the victim of such an injury can be an overwhelming and confusing experience. 

We understand that dealing with the legal process, law enforcement, and a myriad of emotional issues on top of your recovery can feel daunting. That said, our experienced Santa Ana criminal victim lawyer can make a huge difference throughout this process, helping you feel like less of a victim while you focus on healing.

The most important thing that an attorney can do for a crime or injury victim is to be an advocate on their behalf. A knowledgeable attorney will ensure that your rights as a victim under state law and Marsy’s Law are upheld at every stage of the process. This includes:

  • Guiding you through the legal process and paperwork
  • Notifying you of important hearings, events, and deadlines
  • Filing for your right to speak at court proceedings
  • Assisting in the preparation of victim impact statements
  • Fighting for restitution and a fair settlement to cover expenses
  • Working with law enforcement and prosecutors for your safety
  • Connecting you with emotional support resources

The Law Offices of Benjamin Arsenian PC can provide much-needed support for victims beyond simple legal representation. Many victims are unaware of the various victim assistance programs and the full extent of their legal rights. As a law firm with the right experience, we can ensure you have all the support you need. This includes:

  • Access to medical care and treatment, including rehabilitation
  • Connection with victim assistance resources, state, and local
  • Help with applying for victim compensation programs
  • Referrals to trauma-informed counselors, groups, and hotlines
  • Help with navigating insurance issues and dealing with insurers

Resources and Options for Crime Victims in California

Fortunately for crime and personal injury victims in California, many resources and assistance programs have been created over the years to help people like you. It is always best to speak with a lawyer about the specifics of your situation, but here are some important resources you should know about as well.

1. California Victim Compensation Board (CalVCB)
CalVCB offers financial help to victims of violent crime and their families to cover expenses, including:

  • Medical and dental treatment
  • Mental health counseling
  • Lost income due to injury
  • Funeral and burial expenses
  • Relocation costs for safety
  • Home and vehicle modifications for disabled victims

2. Victim Witness Assistance Programs
Each county in California has a Victim Witness Assistance Center that can offer services such as:

  • Crisis intervention and emergency help
  • Information about the justice system and your case
  • Accompaniment to court proceedings
  • Help with victim impact statements
  • Advocacy for restraining or protective orders

3. Restitution and Civil Remedies
In addition to restitution ordered by the court, you may be able to bring a civil lawsuit for damages. Your Santa Ana victims’ rights lawyer can advise you on this option and work to make sure you are fully and fairly compensated.

4. Emotional Support and Peer Groups
Sharing your story and being around others who have been through similar experiences can be a vital part of the healing process. You may find it helpful to check out some of these California support groups, counseling resources, and hotlines:

Do Not Hesitate—Take Action as Soon as Possible

The State of California has put legal protections in place for crime and injury victims through Marsy’s Law and other legal statutes. It is important that people know their rights as victims and that they have access to the resources they need to recover and move forward. A knowledgeable and compassionate law firm like ours can make all the difference to the healing process.

If you or a loved one has been a victim of a crime or personal injury, you do not have to go through this alone. In addition to the helpful links and resources above, California’s Attorney General’s Victims’ Services is also available for those in need. Seek the help you need right away.

Connect with a Santa Ana Crime Victims’ Attorney 

Being the victim of a crime can have lasting consequences on your health and well-being, both physically and mentally. When you have been the victim of a crime, you are entitled to restitution for the damages caused by the convicted wrongdoer, and also to the quick return of any property taken during the investigation. We can help at every step of the way, so give us a call at 714-400-2000, or contact us to schedule your initial consultation.