Crime Survivors’ Right To Be Present
Publication date: July 2023
Purpose of this Publication
Some victims of crime want to know more about the crime that was committed against them or their family members. One way to learn more about the case is by watching the proceedings. As a victim of crime, that is your right.
What Are the Types of Proceedings I Can Attend?
Crime victims in Oregon have the right to go to all “critical stage” proceedings that the defendant has a right to go to.
Critical stage proceedings cover nearly everything, including:
Preliminary hearings
Hearings about scheduling
The trial
Entry of guilty pleas
Restitution hearings
Sentencing
Probation and release hearings
Any other proceeding, if the court finds it is a critical stage proceeding.
You have a right to be present, even if you are a witness in the case and have not yet testified.
May I Bring Someone with Me to the Investigation or to Court Proceedings?
You have the right to bring a personal representative with you to nearly all stages of the investigation and proceedings. There are only two exceptions.
You can’t bring a personal representative with you to these two types of court proceedings:
Grand jury proceedings
Child abuse assessments
May I Get Accommodations? Will an Accommodation Cost Me Money?
As a victim of crime with a disability, you may need accommodations to help you be present at proceedings. For instance:
You may find that it is physically difficult to attend court proceedings, that you cannot hear the proceedings, or that you need other assistive technology to be able to fully follow the proceedings.
Or, you may not speak English well enough to understand the court proceedings
If you need a qualified interpreter or assistive communication devices, a court must make those available to you at no cost.
What If My Rights Are Violated?
If you are not allowed to be present during a critical stage proceeding or are not given the accommodations you need to be present, your rights as a victim may have been violated.
Please contact us to discuss what your options are.
Sometimes a presentence investigation report is ordered. This is a report prepared prior to sentencing the offender. If it is, you have the right to include a Victim Impact Statement.
You have the right to be heard. This means presenting an oral or submitting a written statement at a sentencing hearing. This is when the court decides what punishment the offender will receive.
You have the right to be notified thirty days in advance when the convicted person is released from custody.
You have the right to reasonable notice before a parole hearing in adult cases. A parole hearing is a procedure to determine whether an inmate should be released from prison.
How to Request Help
Call us at 503-243-2081 or 1-800-452-1694 ext. 243.
Send us an email at csp@droregon.org
Send us a letter at Disability Rights Oregon, 511 SW 10th Avenue, Suite 200, Portland, Oregon 97205
Disability Rights Oregon operates its program, services, and activities in compliance with federal nondiscrimination laws.
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Portions of this document may be reproduced without permission, provided that Disability Rights Oregon is appropriately credited.
NOTICE: This document is not intended as a substitute for legal advice. Federal and state law can change at any time. You may wish to contact Disability Rights Oregon or consult with an attorney in your community if you require further information.
