Hendricks County Prosecutor's Office

Patricia Ann Baldwin, Prosecutor

"Victim" means a person that has suffered harm as a result of a crime that was perpetrated directly against the person.  It is at your discretion to exercise these rights.

YOU HAVE

THE RIGHT to be treated with dignity, respect and sensitivity throughout the criminal justice process;

THE RIGHT to confer with a representative of the prosecutor's office after a crime allegedly committed against you has been charged;  before the trial of a crime allegedly committed against you; any disposition of a criminal case involving you.  (This does not include the authority to direct the prosecution of a criminal case involving you.);

THE RIGHT to have your safety considered in determining release from custody of a person accused of committing a crime against you;

THE RIGHT to be notified of all criminal justice proceedings.

THE RIGHT to be present to all public stages of the criminal justice process to the extent that your presence and statements to not interfere with a defendant's constitutional rights; and there has not been a court order restricting, limiting or prohibiting attendance at the criminal proceedings.

Because of the high volume of cases, you should call the day before to make sure your case is still scheduled.

Should a criminal proceeding be rescheduled or  canceled, you will be notified by mail or phone with the new date.  Note:  if you are incarcerated you will not be transported for hearings.

THE RIGHT to an interpreter or translator, if necessary;

THE RIGHT to be informed of services available to you, such as victim compensation fund, victim assistance resources, legal resources, mental health, social, rehabilitative, financial assistance, and crisis intervention services, transportation and child care services to promote your participation in the criminal proceedings;

THE RIGHT to be heard at any proceeding involving sentencing.  You will be notified of the time, date and place of the sentencing;

THE RIGHT to make a written or oral statement for use in preparation of the presentence report;

THE RIGHT to read the presentence reports relating to the crime committed against you, except parts of the report containing information about the source of confidential information, information about another victim, other information determined confidential or privileged by the judge.

The judge may order restitution according to IC 35-50-5-3.  You have the right to pursue an order of restitution and other civil remedies against the person convicted of a crime against you.  The prosecutor's office cannot represent you or advise you about civil proceedings.

If you request, you will: be informed of the terms and conditions of release of the accused; be given notice that the defendant was convicted, acquitted or if charges were dismissed; after conviction, be informed about the presentence report, be given the name and telephone number of the probation department preparing the presentence report; that you may make a victim impact statement; that you may review the presentence report (the defendant will also the presentence report); be kept informed of any appeal or court action after conviction; be notified of release or escape from jail or mental health treatment center; be notified of any probation violation.

-If a victim is unable to exercise any right, he/she may designate a lawful representative who is not a bona fide witness, the designated person may exercise the same rights that the victim is entitled to exercise.  If the victim is incompetent, deceased or otherwise incapable of designating another person to act in the victim's place, the court may appoint, upon request of the prosecutor a lawful representative who is not a witness.   If the victim is a minor, the victim's parents or legal guardian may exercise all of the victim's rights on behalf of the victim.  The court shall consider appointing a relative of the incompetent, deceased otherwise incapable victim as the lawful representative.

If, during the criminal justice process the defendant, or at the direction of the defendant, an act or threat of physical violence or intimidation has been made against you or your immediate family.  And, the prosecutor believes the allegations in the affidavit are true, the prosecutor may file a motion for bond revocation or new charges.