FAQs

What is a Crime?

A crime is a wrongful act or behavior committed by a person against the state or the federal government. Due to a wrongful act or behavior is commonly committed against the entire members of the community, and not only to the actual victim, the victim does not make the decision to prosecute the accused person. To act as the people’s representative, the state or federal government prosecutes the crime. The civil law of Torts also covers actions that are crimes, such as an individual who is injured by an action comprising a crime, may bring a civil claim to obtain damages from the person who executed the criminal act.

What is the difference between a Felony, a Misdemeanor and a Violation?

In criminal law, a violation or a breach is a low-level offense and is not a crime. Disorderly conduct, harassment, and unlawful possession of marijuana are some of the common violations. A crime where the maximum sentence is less than one year in a local jail is a misdemeanor, whereas a serious crime where the sentence is generally more than one year in state prison is a felony.

What is the difference between jail and prison?

Jails are usually local and manage by counties. A defendant who is in detention prior to trial will be held at a local jail, the same with misdemeanor defendants sentenced to serve time are sentenced to local jails. State and Federal governments administer prisons. Felons sentenced to serve time in state court will serve time in a state prison, whereas offenders sentenced in federal court will serve time in federal prison.

How do you arrange for a lawyer if you are arrested?

If you do not know a criminal defense lawyer, you may contact a statewide lawyer referral service or your county or city bar association for the name of a criminal defense attorney on the local referral list. You should advise the judge as soon as possible if you can’t afford a private defense lawyer. To see if you can be eligible for the services of an attorney at public expense, the judge will ask you some questions, and probably will ask you to take an oath of indigency, which is a sworn statement as to your incapacity to pay for a private attorney.

What should you do if you are a victim of crime?

Report the crime to the police. In most cases the police will come to the scene of the crime, however if the crime is not serious and the offender has left the scene, officers may take details from you over the telephone instead. Cooperate and provide as much information as you can. They will inform you how to find out about the progress of your case. They will also inform you if someone is arrested and charged in relation with your case. Keep in mind that you are not alone. Resources and assistance are accessible. Seek medical attention if you are injured. Bear in mind that some injuries may not be evident for several days. You should also keep a complete record of your crime related losses and expenses so as to document the crime and establish your legal right to recover money damages and future restitution. If possible, apply for all applicable benefits. File a claim as soon as possible if you have insurance. Your local Victim/Witness Assistance Program can provide you with an application for Victims of Crime compensation if you have been injured or have a family member who has been injured or killed. A lawyer can assist you submit the application and file a civil case against the offender and/or his/her insurance company or other accountable party.

What are your legal rights as a crime victim?

You have the right to be provided with information about civil recovery and the state’s Victims of Crime Compensation program. Your belongings must be returned promptly if it is no longer required as evidence. If summoned to court by subpoena, you have the right to be informed that you may be entitled to witness fees and compensation for mileage. You have also the right to be contacted immediately if the court proceeding is canceled. If you have requested notification, the district attorney will notify you of a pending pretrial disposition. You have the right to be present at all criminal proceedings open to the general public. You have the right to be informed of all ruling proceedings, and to have the judge hear and take into account your views. You can also be informed, if you request it, by the prosecutor of the outcome of the criminal case.

Can I submit for Victims of Crime Program? /Can the state compensate my losses?

A crime victim suffering from physical and/or emotional injury, and is not compensated by another source, such as insurance, may be eligible for financial assistance from the state Victims of Crime Program. Derivative victims such as family members or the victim’s household members may also be eligible for assistance. This program covers losses that can include medical and dental expenses; funeral and burial costs; mental health counseling; loss of wages or income; and work retraining expenses. Relocation and/or security measures limited funds are also available. Exceptions are loss of personal property or cash.