Critical Stages in the Criminal Justice Process

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A victim's rights are related to certain "critical stages" in the criminal justice process, these stages include:

  • The filing of charges;
  • The preliminary hearing;
  • Any bond reduction or modification hearing;
  • Arraignment hearing;
  • Motions hearing concerning pre-plea relief or post-plea relief or evidentiary matters;
  • Disposition of the complaint or charges against the person accused;
  • The trial;
  • Sentencing hearing;
  • Appellate review or appellate decision;
  • Sentence modification;
  • Probation revocation hearing;
  • The filing of a complaint, summons, or warrant by probation for failure to report or because location of a person convicted of a crime in unknown;
  • Request for change of venue or transfer of probation supervision;
  • Request for release from probation supervision prior to the expiration of original sentence;
  • Attack of a judgment or conviction;
  • Parole application hearing;
  • Parole, release, or discharge from imprisonment of a person convicted of a crime;
  • Parole revocation hearing;
  • Transfer to or placement of a person convicted of a crime in a non-secured facility; and
  • Transfer, release, or escape of a person charged with or convicted of a crime from any state hospital.

* In addition to the right to be informed and present, the victim also has a right to be heard at hearings on bond reduction, disposition of the case, such as acceptance of a negotiated plea, and a sentencing, including modification of sentence. The victim also has a right to provide input to the court regarding continuances.