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Victim rights

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Can a victim sue the district attorneys office and the judge if her rights as a victim were violated

  • Yes

    Votes: 0 0.0%
  • It depends

    Votes: 0 0.0%

  • Total voters
    1


CdwJava

Senior Member
There is a difference between FILING a suit, and WINNING one. In almost all cases, you would not be able to successfuly sue either the prosecutor or the judge.

What "rights" do you believe were violated?
 
There is a difference between FILING a suit, and WINNING one. In almost all cases, you would not be able to successfuly sue either the prosecutor or the judge.

What "rights" do you believe were violated?
The right to be treated with compassion, respect, and sensitivity.
The right to know all rights including information and services and victim assistance at the local level
The right to know about victim compensation
The right to preservation of employment
The right to be informed about the opportunity to make an impact statement
 

CdwJava

Senior Member
The right to be treated with compassion, respect, and sensitivity.
The right to know all rights including information and services and victim assistance at the local level
The right to know about victim compensation
The right to preservation of employment
The right to be informed about the opportunity to make an impact statement
And where are these "rights" enshrined in Wyoming's statutes? And, what relief might be provided if they are not adhered to as indicated under state law?
 
The right to be treated with compassion, respect, and sensitivity.
The right to know all rights including information and services and victim assistance at the local level
The right to know about victim compensation
The right to preservation of employment
The right to be informed about the opportunity to make an impact statement
I googled what I could the day before he took a plea that I wouldn't have agreed to. I did the best I could preparing. When I got up to tell the court how this has affected my life and it continues to. I got told to hurry up and I kept being interrupted. No one told me anything about services. I lost my job and apartment because I couldn't afford it alone. Etc etc. I felt stupid for even showing up.
 

CdwJava

Senior Member
And, a cursory exam of one of the few related statutes seems to indicate that there is no right to sue for a violation of at least some of the "rights" you mention:

7-21-103 (c) Any failure to comply with the terms of this chapter shall not create a cause for appeal or reduction of sentence for the defendant, or a civil cause of action against any person by the defendant.
 
And where are these "rights" enshrined in Wyoming's statutes? And, what relief might be provided if they are not adhered to as indicated under state law?
That's what I'm asking? I didn't ask to be a victim. The state automatically presses charges. I didn't know that. I didn't know about the protection order. I got my picture taken and told when the court date was. I was supposed to have been preparing my statement way in advance. They didn't even tell me I could speak
 

CdwJava

Senior Member
The attorney general?
Yes, the WY Attorney General appears to oversee this. But, each county also appears to have someone to address it. But, I seriously doubt that you have any real legal recourse against the prosecutor for any lapse on their part - and almost certainly not the judge. You can certainly speak to some attorneys on the matter and see what they have to say.
 

CdwJava

Senior Member
That's what I'm asking? I didn't ask to be a victim. The state automatically presses charges. I didn't know that. I didn't know about the protection order. I got my picture taken and told when the court date was. I was supposed to have been preparing my statement way in advance. They didn't even tell me I could speak
There are any number of reasons why none of this happened. I could only guess. Out here victims get written handouts outlining these processes, and asserting your rights as a victim often falls into the victim's court and not the county's or the state's. I cannot say how it is supposed to work in your state or jurisdiction, but if someone dropped the ball you can certainly make a stink about it even if you may not be able to seek any redress.
 
And, a cursory exam of one of the few related statutes seems to indicate that there is no right to sue for a violation of at least some of the "rights" you mention:

7-21-103 (c) Any failure to comply with the terms of this chapter shall not create a cause for appeal or reduction of sentence for the defendant, or a civil cause of action against any person by the defendant.
Well at least that's a answer. Makes me sad and I feel like I only humiliated and made myself look stupid for wanting to tell someone how much my life sucks because he likes to drink and hit me.
 
Yes, the WY Attorney General appears to oversee this. But, each county also appears to have someone to address it. But, I seriously doubt that you have any real legal recourse against the prosecutor for any lapse on their part - and almost certainly not the judge. You can certainly speak to some attorneys on the matter and see what they have to say.
Thank you. I appreciate your time
 

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