Cases that invoke the Victim’s Rights Act

Certain types of charges invoke the Victim’s Rights Act. Those offenses include careless driving resulting in death, assault, menacing, child abuse, sexual offenses, crimes against at-risk victims, bias-motivated crimes, and any act of domestic violence.

If a defendant is charged with one of these offenses, the victim has the right give input on any plea agreement and to be present or heard by the Judge or Magistrate at certain stages of the proceedings. The prosecutor will not be able to discuss a plea agreement with a defendant until the prosecutor has consulted with the victim. Similarly, the Judge or Magistrate may not lower a defendant’s bond or modify a mandatory protection order without giving the victim the opportunity for input.

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