Victims' Rights In Nevada
The 1983 Nevada General Assembly mandated certain rights and guarantees to crime victims and witnesses. Accordingly, Chapter 178 of the Nevada Revised Statutes now recognizes the following needs and rights of crime victims.
You have the right:
You have the right:
- To know the status of the case in which you are involved
- To be free from intimidation or dissuasion
- To know when your impounded property may be released
- To receive a witness fee for lawful obedience to a subpoena
- To understand the existing victim compensation laws and receive compensation, if applicable.
- To a secure waiting area when you are at court, which is not available to the defendant or his/her family
- To know when the defendant is released from custody before or during trial (upon written request)
- To know when the offender is released from prison (upon written request)
Marsy's Law for Nevada Passes!
On November 6, 2018, voters in Nevada passed Marsy’s Law with over 61% of the vote!
On November 6, 2018, voters in Nevada passed Marsy’s Law with over 61% of the vote!
Marsy’s Law is seeking to elevate key rights of crime victims into the state’s Constitution to ensure that victims have rights that are equal, in stature, to the constitutional rights of the accused and convicted. These constitutional protections for crime victims would include the following rights:
· To be treated with dignity, respect, courtesy, sensitivity and fairness.
· To privacy.
· To have information or records protected that could be used to locate or harass the victim or which could disclose confidential or privileged information of the victim.
· To proceedings free from unreasonable delay.
· To timely disposition of the case free from unreasonable delay.
· To be present at all proceedings involving the case.
· To reasonable protection from the accused throughout the justice process.
· To reasonable and timely notice of proceedings.
· To confer with the attorney for the government.
· To be informed by and provide input to the attorney for the government about any case disposition agreement including a plea agreement deferred prosecution agreement or diversion agreement before a decision is made concerning such agreement.
· To be heard in any proceeding during which a right of the victim is implicated including release, plea, sentencing, disposition, parole, revocation, expungement, or pardon.
· To have the authority with jurisdiction over the case provided with information pertaining to the economic, physical and psychological effect of the crime or juvenile act upon the victim and have the information considered by the authority with jurisdiction.
· To timely notice of any release, escape or death of the accused, if the accused is in custody or on supervision at the time of death.
· To refuse an interview, deposition or other discovery request made by the accused or any person acting on behalf of the accused.
· To full restitution and to be provided with assistance collecting restitution.
· To have any monies or property collected from any person who has been ordered to make restitution be first applied to the restitution owed to the victim before paying any amounts owed to the government.
· To compensation as provided by law.
· To timely information about the outcome of the case.
· To timely notice about all rights in this section, or as provided by law, including the enforcement of these rights.
Finally, Marsy’s Law includes a clause on enforceability, so that if a victim of crime feels that any of their rights have been violated, they will have standing to petition the judge for a remedy.
· To be treated with dignity, respect, courtesy, sensitivity and fairness.
· To privacy.
· To have information or records protected that could be used to locate or harass the victim or which could disclose confidential or privileged information of the victim.
· To proceedings free from unreasonable delay.
· To timely disposition of the case free from unreasonable delay.
· To be present at all proceedings involving the case.
· To reasonable protection from the accused throughout the justice process.
· To reasonable and timely notice of proceedings.
· To confer with the attorney for the government.
· To be informed by and provide input to the attorney for the government about any case disposition agreement including a plea agreement deferred prosecution agreement or diversion agreement before a decision is made concerning such agreement.
· To be heard in any proceeding during which a right of the victim is implicated including release, plea, sentencing, disposition, parole, revocation, expungement, or pardon.
· To have the authority with jurisdiction over the case provided with information pertaining to the economic, physical and psychological effect of the crime or juvenile act upon the victim and have the information considered by the authority with jurisdiction.
· To timely notice of any release, escape or death of the accused, if the accused is in custody or on supervision at the time of death.
· To refuse an interview, deposition or other discovery request made by the accused or any person acting on behalf of the accused.
· To full restitution and to be provided with assistance collecting restitution.
· To have any monies or property collected from any person who has been ordered to make restitution be first applied to the restitution owed to the victim before paying any amounts owed to the government.
· To compensation as provided by law.
· To timely information about the outcome of the case.
· To timely notice about all rights in this section, or as provided by law, including the enforcement of these rights.
Finally, Marsy’s Law includes a clause on enforceability, so that if a victim of crime feels that any of their rights have been violated, they will have standing to petition the judge for a remedy.