CRIME VICTIM'S RIGHTS

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If you have been a victim of a crime, you and your family may suffer from physical pain, emotional trauma, and financial losses. Our office works with you to help you and your family recover from your traumatic loss.

Brenda Waugh has been an advocate for victims of crime since she began practicing law in West Virginia in 1987. She served as an Assistant Prosecuting Attorney in both Kanawha and Berkeley Counties, worked for victims of family violence with the Legal Aid Society in Charleston and served as the first chairperson of the West Virginia State Bar Commission on Children and the Law.

Our office has assisted clients in assists victims of crimes including:

• Drunk driving
• Assault and battery
• Family violence

 • Manslaughter
• Child abuse
• Child sexual assault		 • Child sexual abuse
• Malicious wounding

WHAT TO DO IF YOU ARE A VICTIM OF CRIME

Victims of crime react to their circumstances in many different ways. Immediately after the crime, victims often struggle with feelings of fear, helplessness, confusion, guilt, self-blame, shock, disbelief, denial, anger, shame and numerous other emotions.

MAKE SURE THAT YOU ARE SAFE. The most important single act a victim of violent crime can engage in immediately after the crime is getting to a safe place. A victim of crime should find a place where she or he can feel secure and comfortable. Sometimes that will happen automatically if there are witnesses who summon help. In other situations, you may need to take action yourself to be certain that you are in a safe place.

SEEK MEDICAL ATTENTION. Victims injured in a crime should seek medical help as soon as possible by calling for an ambulance. A victim could also have a friend take them to the hospital or private doctor. Victims should not wait--medical attention will help in their physical healing, and may be useful for evidentiary purposes in a legal action.

REPORT THE CRIME TO AUTHORITIES. Victims should report the crime to authorities. If you do not feel comfortable entering into the criminal justice system, you should obtain counseling or other assistance to help you with this important decision. Once the crime is reported, the matter is referred to the appropriate police agency for investigation and prosecution. You may obtain additional information about this process by contacting the Victim’s Advocate in your county.

REMEMBER THAT YOU HAVE IMPORTANT RIGHTS AS A VICTIM. Those rights include:

  • The right to be treated with fairness and with respect for your dignity and privacy.
  • The right to be reasonably protected from the perpetrator of the crime.
  • The right to be notified of court proceedings.
  • The right to be present at most public court proceedings related to the offense, in most circumstances.
  • The right to confer with the prosecuting attorney.
  • The right to restitution.
  • The right to information about the conviction, sentencing, imprisonment, and release of the perpetrator of the crime.

SEEK SUPPORT. Being a crime victim can be both physically and psychologically traumatic in the short and long term. Many victims seek the support of family, friends or professionals throughout their recovery.

SEEK FINANCIAL RECOVERY FOR YOUR DAMAGES. Victims may be able to recover their medical bills or other costs through several means. Those include restitution in the context of a criminal prosecution, recovery of out-of-pocket expenses through the West Virginia Crime Victim’s Compensation Fund, and the recovery of medical costs, lost wages and compensation for pain and suffering through a civil action. An attorney with experience in prosecuting crimes and seeking compensation for victims will be able to fully evaluate your case to assist you in deciding which course will be best for you.

Our office does not charge for initial consultation with victims of crime. We welcome the opportunity to evaluate your case and work with you so that you may recover as fully as possible. Contact our office to arrange for a free consultation with Ms. Waugh before you make this important decision.