A constitutional amendment designed to expand the rights of crime victims, Marsy’s Law grants victims, among other things, the rights to privacy, to attend court events, to provide input during sentencing and plea bargaining, to seek restitution, and to be notified of proceedings in a timely manner. Conversely, they also have the right to refuse participation, whether in interviews or during discovery.
To ensure that their rights are respected by all parties, not just the prosecution, victims may choose to hire a private attorney. This can be especially important in complex cases where a victim’s rights may come into tension with the legal protections afforded to the defendant. In such situations, the support of independent counsel can be essential. Marsy’s Law rights must be asserted, enforced, and defended to have real power. If not, they risk being swept aside by the weight of the legal process.
There’s one crucial fact victims must realize: The prosecution does not represent them, nor will it advocate on their behalf. It is the prosecution’s sole job to act in the best interest of the state, uphold the law, and pursue justice. That’s not to say the average prosecutor won’t at least try to keep victims protected, involved and informed – it’s just that these offices are often working with staggering caseloads and have to balance victim rights against a host of other interests.
But the assumption persists among victims that the prosecution is on their side, creating a real issue when they find out too late that their voice and their power are entirely in their own hands. They may learn after the fact that a defendant’s sentence was shortened, putting them at risk. They may not be notified of a bond hearing at which they planned to speak against early release. They could find that restitution requests or protective orders are going quietly unenforced.
This is why hiring a criminal defense attorney can be an important step for any victim who wishes to have their legal rights under Marsy’s Law protected.
An attorney can advocate for your rights as a victim under Marsy’s Law, ensuring those rights are recognized, respected, and enforced. It can also give you an experienced voice in a complex legal battle, one where your own plight as a victim can often be overshadowed. Working strictly for the victim and no one else, an attorney can speak up on your behalf during bond hearings. They can raise official objections to any plea deals that might be too lenient on the defendant. They can press for payment of restitution. They can request protective or restraining orders, and ensure that they are fully enforced.
But above all else, they can simply be in your corner, acting as your voice and putting their focus solely on your rights as a victim. In difficult legal cases, this can make all the difference.
At Tracey Wood & Associates, the team is dedicated to standing up for victims and making sure their rights, as guaranteed under Marsy’s Law, are fully respected and enforced. Victims of serious crimes often face overwhelming trauma, and navigating the legal system should not add to that burden. The firm works to ease that process by developing legal strategies that protect victims’ privacy, uphold their dignity, and preserve their rights throughout the judicial process.
Tracey Wood & Associates has built a strong reputation for empowering and supporting victims. They serve as advocates in court, guardians of victims’ rights, and a driving force in helping clients move toward healing. Marsy’s Law provides important legal protections, and the firm is committed to making sure those rights are protected every step of the way.
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