According to the Code of Criminal Procedure, Chapter 56, Rights of Crime Victims, a victim of violent crime is (1) someone who is the victim of sexual assault, kidnapping, aggravated robbery, trafficking of persons or who has suffered personal injury or death because of the criminal conduct of another, (2) the close relative (spouse, parent, adult brother or sister, or child) of a deceased victim, or (3) the guardian of a victim. These rights also apply to victims of juvenile crime, including victims who suffer property loss.

VICTIMS OF CRIME RIGHTS 

• Receive adequate protection from harm and threats of harm arising from cooperation with prosecution efforts.
• Have their safety considered by the magistrate when setting bail. Williamson County Magistrate contact number is 512-943-1373.
• Receive information, on request, of relevant court proceedings, including appellate proceedings, cancellations and rescheduling prior to the event, and of appellate court decisions after the decisions are entered but before they are made public.
• Be informed, when requested, by a peace officer about the defendant’s right to bail and criminal investigation procedures, and from the prosecutor’s office about general procedures in the criminal justice system, including plea agreements, restitution, appeals, and parole.
• Provide pertinent information concerning the impact of the crime to the probation department prior to sentencing.
• Information about the Texas Crime Victims’ Compensation Fund and payment for a medical examination for a victim of sexual assault, and, on request, referral to social service agencies that provide additional assistance.
• Information, on request, about parole procedures; notification of parole proceedings and of the inmate’s release; and the right to participate in the parole process by submitting written information to the Board of Pardons and Paroles for inclusion in the defendant’s file for consideration by the Board prior to parole.
• A separate or secure waiting area at all public court proceedings.
• Prompt return of any property that is no longer needed as evidence.
• Have the prosecutor notify, upon request, an employer that the need for the victim’s testimony may involve the victim’s absence from work.
• On request, the right to counseling and testing regarding AIDS and HIV infection and testing for victims of sexual assault.
• Request victim-offender mediation coordinated by the Victim Services Division of the Texas Department of Criminal Justice.
• Be informed of the use and purpose of a victim impact statement, to complete a victim impact statement and to have the statement considered before sentencing and acceptance of a plea bargain and before an inmate is released on parole.
• A victim, guardian of a victim, or close relative of a deceased victim is entitled to be present at all public court proceedings, with the consent of the presiding judge. A judge, attorney for the state, peace officer, or law enforcement agency is not liable for a failure or inability to provide a right enumerated herein. Please call your crime victim rights contacts in law enforcement and the prosecutor’s office for more information about victim rights in your community. Williamson County Victims Assistance contact for the County Attorney’s office (Misdemeanor cases) is 512-943-1111 and for the District Attorney’s office (Felony Cases) is 512-943-1234. Located at 405 M.L.K., Georgetown, Texas 78626.

  TEXAS CRIME VICTIMS’ RIGHTS BROKEN DOWN

  Victims of specific offenses (sexual assault, kidnapping, aggravated robbery, traffic of persons, injury to a child/elderly person/disabled person) or victims who have suffered from personal injury or death because of the criminal conduct of another have rights within the criminal justice system. This will summarize those rights, are available to you, and how to access your rights. It is important to understand there are three parts of the system that you may interact with—law enforcement (police officers and jail), prosecution (courts and possibly a trial), and punishment (post-conviction including incarceration, probation, and parole). In each step of the process there are designated agencies with responsibilities to address your needs as a victim.

  First, law enforcement responds to reports of crime. Every police department and sheriff’s office in Texas has a responsibility to provide basic notification to victims of their rights.

LAW ENFORCEMENT PHASE RIGHTS

Automatic Rights (your rights automatically if you are a victim of a crime)

1. You have the right to adequate protection from harm and threats of harm arising from cooperation with the criminal justice system.
2. You have the right to have a magistrate take your safety or your family’s safety into consideration as an element in fixing the amount of bail for the accused.
3. If the accused is a child, you have the right to have the court take your safety or your family’s safety into consideration as an element in determining whether the child should be detained before the child’s conduct is adjudicated.
4. You have the right to be informed of the Crime Victims’ Compensation Fund including expenses that can be compensated, eligibility, and how to apply.
5. You have the right to prompt return of your property taken as evidence when it is no longer required.
6. You have the right to a Sexual Assault Forensic Exam (SAFE) within 96 hours of an assault; and,
7. If the accused is arrested for a family violence offense, the jail shall make a reason able attempt to give personal notice to you, the victim, of their imminent release.

Requested Rights (your rights upon request if you are a victim of a crime)

1. You have the right to have a law enforcement officer explain the accused’s right to bail as well as the procedures in a criminal investigation.
2. You have the right to referral to available social service agencies that may offer your assistance: and,
3. Any sexual assault victim, family violence victim or victim of stalking has the right to use a pseudonym of their choice rather than his/her name used in public records.

PROSECUTION PHASE RIGHTS 

1. You have the right to provide information to a probation department conducting a presentencing investigation concerning the impact of the crime upon the victim
2. You have the right to have a separate waiting area before testifying in any court
3. You have the right to prompt return of your property taken as evidence when it is
4. You have the right to be informed of the uses of a Victim Statement (VIS), the right to complete a VIS, and the right to have the VIS considered by the state’s attorney before a plea agreement is accepted.
5. You have the right as a victim of an assault or sexual assault that is younger than 17 or whose case involves family violence to have the court consider the impact on the victim of a continuance requested by the defendant
6. You have the right as a family violence victim or as an assault or sexual assault victim under the age of 7 have the court consider the impact on you if there is a request for a continuance; and,
7. In capital felony cases these additional rights apply:

• You have several specific rights regards to defense-initiated victim outreach.
• You have the right as a victim, a victim’s guardian, or close relative of a deceased victim to be present at all public court proceedings.
• You have the right to not be contacted by a victim outreach specialist unless you give permission for that contact; and,
• The state’s attorney along with law enforcement agencies shall ensure that a victim, a victim’s guardian, or close relative of a deceased victim is afforded full victim rights granted by statute.

Requested Rights

1. You have the right to be informed by the state’s attorney of relevant court proceedings
2. You have the right to be informed by an appellate court of their decision made public.
3. You have the right to be informed by the District Attorney& office of general procedures in the criminal justice system, including guilty plea negotiations, restitution, and appeals and parole processes.
4. You have the right to have the attorney for the state notify the employer of the victim of the necessity of the victim’s cooperation and testimony in legal proceedings that may require the victim’s absence from work.

Specific Rights for Sexual Assault:

• Disclosure of information regarding any evidence collected during the investigation.
• Disclosure of information regarding the status of analysis of such evidence.
• To be notified at the time that evidence is submitted to a crime lab for analysis as well as the right to be notified of a request for biological evidence to be compared to DNA comparisons;
• The right to counseling regarding AIDS and HIV;
• The right to testing AIDS and HIV; and,
• The right to have an indicated perpetrator tested for AIDS and HIV.

POST-CONVICTION & CONVICTION PHASE RIGHTS

1. You have the right to participate in in the parole process;
2. You have the right to have a judge consider your Victim Impact Statement before sentencing;
3. You have the right to have your Victim Impact Statement considered by the Board of Pardons and Paroles for their consideration.

Requested Rights

1. You have the right to be informed of Parole procedures;
2. You have the right to be informed of Parole proceedings concerning a defendant in the victim’s case; and,
3. You have the right to request victim-offender mediation through the Texas department of Criminal Justice
4. You have the right as a family member of a murder victim to view the execution of the offender.