Victims' Rights

I offer free consultations for crime victims' rights issues (up to 30 minutes). My normal hourly fee is $150 per hour.

For criminal cases, typically the fee will be an hourly rate and I will require a refundable retainer fee. However, I may be able to offer a flat fee for working on a discrete aspect of your case.

For civil cases, I charge either an hourly rate, requiring a refundable retainer fee, or work on a contingency fee basis.

General Assistance to Victims

Are you worried about an interview with a defense attorney? Are you nervous about asserting your rights, or not really sure what they are? Have you been ordered to produce medical or counseling records or other documents that you thought were protected?

It is my goal as a crime victims' rights attorney to make the criminal process as easy and safe as possible for victims. Although the prosecutor's office often has resources available to assist victims, these services are often over-taxed and under-funded. Sometimes, the prosecutor may even be at odds with the victim, pushing forward with a charge the victim thinks should be dropped, or cutting a deal with the defendant that the victim would never agree to.

I am here to represent you, not the justice system. If any aspect of the criminal process is making you uncomfortable, or you feel that something is "not right", come in for a free consultation. You may be surprised how often your "gut feelings" are right.

My services to crime victims are generally unique, so it is hard to say exactly how I can help and what I will charge until you have come in for a free consultation. I have tried to get in touch with other attorneys and organizations involved with crime victims' rights, and it appears I am one of the only, if not the only (I haven't met another yet), attorney practicing in this particular area in all of Washington. There are some attorneys who practice the civil aspect of victims' rights, and various organizations which assist victims of crime and lobby for more rights, but it appears I am the only attorney who is attempting to assist crime victims with the criminal process. As such, the law in this area is very unclear and it is difficult to judge what my prices should be (I err on the side of the client and offer the lowest fee possible).

Help with discrete matters. I do not require that you retain me for the entire course of the trial, which would be fairly expensive. If there is only one aspect of the trial or criminal process which concerns you, I can probably work out an arrangement where I only work on that one issue. For example, maybe you just want an attorney when the defense counsel interviews you, or you want an attorney to be at the sentencing hearing to make sure you get to speak, or you need help responding to a court order. I am very flexible with this type of arrangement.

Restraining Orders, Protection Orders, Anti-harassment Orders

There are several types of orders which can help to protect victims. These orders tend to be particularly useful in cases of domestic violence and sexual assault. Restraining orders are typically used during family law proceedings, such as a divorce. Protection orders are used when there is a familial relationship between the victim and the perpetrator, or a relationship that is similar to a familial relationship such as dating, or if they have had a child together. Anti-harassment orders are used when there is not any sort of family relationship between the victim and the perpetrator.

These orders can do things like restrain the person from causing harm to the victim, stalking the victim, or molesting or harassing the victim. It can also protect the minor children of the victim. It can restrain the person from coming within a certain distance of the victim, or the victims' minor children's, house, place of work, or school. It can stop the person from contacting the victim, order the person to vacate the residence the victim is residing in, or return personal belongings to the victim. It can prohibit the person from possessing a firearm or ammunition for the duration of the order. There are also other things these orders can do. If you desire an order, it is best to consult a lawyer about which order is best for you and what your options are.

Crime Victim Compensation Act

The crime victim acompensation act was started by a lively series of editorials in the 1970's. The basic premise that was expounded in these editorials, and became the theme for the crime victims' compensation act, was that victims of crimes deserved to be treated as well or better than the perpetrators of crime. While prisoners were being provided housing, food, and medical treatment by the states, crime victims were left out int he cold. In 1973 the legislature passed the act in an effort to make the system more fair to victims. There are two primary benefits of the Act, and a caveat to each.

First, the act will help pay for medical expenses related to the crime. BUT, the crime victim must first exhaust all other resources, such as private and public insurance programs they are enrolled in. Medical expenses can include things other than just hospital fees, such as treatment and counseling.

Second, the act will pay for sexual assault examinations, BUT only if the examination is done in order to gather evidence for a possible prosecution.

A good lawyer can help you apply for the benefits you are entitled to, and can help you appeal benefits you are denied. Those who provide treatment to crime victims may also be interested in appealing adverse decisions so they can continue to provide their much needed services.

Criminal Trial Rights

Both victims and survivors of victims are granted the following rights. The rights are available in both adult and juvenile criminal proceedings. Please note that this is just a brief summary of the rights of a crime victim or survivor and is not intended to be a full explanation of victims' rights. Please consult an attorney for more detailed information.

1. Victims of violent or sex crimes should receive, at the time of reporting the crime, a written statements of these rights and the name, address, and telephone number of a county or local crime victim/witness program, if available.
2. Victims should be informed of the disposition of their case by a law enforcement agency or the prosecutor's department.
3. If the victim is subpoenaed, the victim should be informed if by the party issuing the subpoena if their presence is no longer required.
4. The victim is entitled to protection from harms and threat of harm arising out of his or her cooperation with law enforcement or a prosecutor, and should be provided with information regarding the level of protection available.
5. The victim should be informed of the process for acquiring witness fees.
6. The victim should be provided, if possible, a secure waiting area during court proceedings where they are not in close proximity to the defendant or the family/friends of the defendant.
7. Victims are entitled to the swift return of any personal possessions, either within 10 days of being taken or when no longer needed as evidence, depending on the nature of the possession.
8. Victims should be provided with employer intercession to minimize the financial impact of the victim cooperating with law enforcement agencies and the justice system.
9. Victims should be given immediate access to medical assistance and not be detained from such treatment an unreasonable time by law enforcement.
10. Victims of violent or sex crimes have the right, where practical, to have a crime victim advocate, or another support person of the victim's choosing, present at any prosecutorial or defense interviews and at any judicial proceeding related to the crime.
11. To be present in court as early as practical during the criminal trial.
12. A victim of a felony should be informed of the date, time, and place of the sentencing hearing of the defendant.
13. The victim may submit an impact statement to the court which shall be included in the presentence report and permanently included in the files and records accompanying the defendant to the custody of a state agency or institution.
14. Victims of a felony crime may make a statement or have a representative make a statement at the sentencing hearing of the defendant.
15. Victims of a felony crime are entitled to an order of restitution, even if the defendant is sentenced to confinement, unless extraordinary circumstances make restitution inappropriate.
16. Victims are entitled to present a statement in person, through a video or audio recording, or by written statement, at any hearing regarding an application for pardon or commutation of sentence.

Civil Litigation

In some cases, a victim of a crime may have civil claims either against the perpetrator of the crime (even if the perpetrator was found not guilty) or one or more government institutions.