• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Who represents the "victim", not the Prosecutor

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)?
Here in the US, and this is speaking generally, the state represents the state (the people of the state). If a victim wants to be represented by their own counsel, then they would need to retain their own counsel.
 

melbatst

Junior Member
??

If the prosecutor is supposed to be the victims advocate, it sure doesn't seem to work here in Washington.

I am the "victim", and am still trying to jump through all the hoops the prosecutor is requiring; I am supposed to meet with the DV Services Specialist before anything can be done.... three days of repeated phone calls and voice mails left - I haven't got a call back....sure glad I'm not really in danger.....

Debating who I call and get angry with; problem is when I go online to get staff rosters for names and numbers... there aren't any! The Prosecutor I met with didn't even have a business card to give me, he seemed to let his Administrative Assistant lead the meeting.

But while I try to figure it out I have a business partner, care giver (I am a cancer patient) and the rock that holds me together, who has a No Contact Order that there is no basis for.

Any advice is appreciated.
 

FlyingRon

Senior Member
You are mistaken. A criminal prosecution is not Victim vs. Defendant. It is society that is harmed by criminal activity and the state is the one that brings the case to court. In fact, the state has a duty that puts it directly at odds with advocating for the victim. They are supposed to be more impartial than that. You are nothing more than a witness in this proceeding.

There are specific victim's advocate that work independently of the prosecutor. Start here: http://www.commerce.wa.gov/Programs/PublicSafety/OCVA/Pages/default.aspx
 

Silverplum

Senior Member
If the prosecutor is supposed to be the victims advocate, it sure doesn't seem to work here in Washington.

I am the "victim", and am still trying to jump through all the hoops the prosecutor is requiring; I am supposed to meet with the DV Services Specialist before anything can be done.... three days of repeated phone calls and voice mails left - I haven't got a call back....sure glad I'm not really in danger.....

Debating who I call and get angry with; problem is when I go online to get staff rosters for names and numbers... there aren't any! The Prosecutor I met with didn't even have a business card to give me, he seemed to let his Administrative Assistant lead the meeting.

But while I try to figure it out I have a business partner, care giver (I am a cancer patient) and the rock that holds me together, who has a No Contact Order that there is no basis for.

Any advice is appreciated.
To "advocate" on behalf of the victim (and the state), to pursue justice -- IS what the Prosecutor does.

There is a separate Victims Services Office: http://www.commerce.wa.gov/Programs/PublicSafety/OCVA/Pages/default.aspx http://www.commerce.wa.gov/Services/individualassistance/CrimeVictimResources/Pages/default.aspx

I can see that you are angry. I hope you also pursue counseling to deal with what has happened to you. :)
 

Silverplum

Senior Member
More: http://victimsupportservices.org/

http://www.ovc.gov/help/index.html

For some counties in WA: http://bfcac.org/home-base/crime-victim-service-center

King County: http://www.kingcounty.gov/Prosecutor/victimassistance.aspx

If those counties don't apply to you, ignore 'em.
 

eerelations

Senior Member
But while I try to figure it out I have a business partner, care giver (I am a cancer patient) and the rock that holds me together, who has a No Contact Order that there is no basis for.
Sounds like OP is trying to get charge/no contact orders dropped. No wonder the Prosecutor is not helping her. :rolleyes:
 

melbatst

Junior Member
I appreciate all of the links - looks like I have lots of research tonight.

And, yes, attempting to get the no contact dropped or modified. I have a chemo treatment that I need assistance with and my physical therapy is useless without a partner. Am calling my Oncologist for direction, but am feeling as though I am the one being punished.
 

CdwJava

Senior Member
If the prosecutor is supposed to be the victims advocate, it sure doesn't seem to work here in Washington.
The Prosecutor IS NOT a "victims advocate." Not by a long shot. That is NOT his or her function function. As mentioned, he or she represents "the people," not the victim. There are advocates available for victims of at least certain crimes, but it is not the prosecutor.

While Victims' Rights legislation grants victims greater say in the process, it does not guarantee an advocate except in some cases.

I am the "victim", and am still trying to jump through all the hoops the prosecutor is requiring; I am supposed to meet with the DV Services Specialist before anything can be done.... three days of repeated phone calls and voice mails left - I haven't got a call back....sure glad I'm not really in danger.....
That's apretty shod DV program. Can you try calling someone other than the individual you were asked to call? Do you have an office number? Or, just an individual?

But while I try to figure it out I have a business partner, care giver (I am a cancer patient) and the rock that holds me together, who has a No Contact Order that there is no basis for.
Well, apparently there was grounds for the order because apparently that person is accused of a crime and, as such, has been prohibited from contacting you to protect you from further harm. They don't simply issue no contact orders on a whime. Someone said that he assaulted or threatened you, and you either applied for the order or it was issued after he was arrested or charged with a crime against you.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top