Domestic Violence Unit Information

Victim/Witness Assistants are members of the District Attorney's staff who will assist you throughout the criminal justice process. Assistants are available in each of our courts to provide a variety of free services to victims and witnesses including information, support, and referrals.

As a victim and/or witness to a crime the Massachusetts Bill of Rights affords you the following rights: *

You have the right to be informed of how a criminal case progresses through the system, what your role is in the process, what will be expected of you, and why.

You have the right to be informed of rights and services for victims in the court process.

You have the right to assistance in applying for social services, financial assistance, and certification to receive information about an offender.

Upon request, you have the right to be updated on significant developments in the case.

You have the right to be notified in a timely manner of any changes in scheduling of court appearances for which you have been ordered to appear.

You have the right to be notified of the final disposition of the case, including an explanation of the type of sentence imposed and a copy of the conditions of probation, if any.

You have the right to be notified by the supervising probation officer whenever an offender seeks to change a restitution order.

You and your family members have the right to be present at all court proceedings unless you are to testify and the judge determines your testimony might be influenced by your presence.

At sentencing, you have the right to present a Victim Impact Statement to the court about the physical, emotional, and financial effects of the crime on you and about your opinion regarding the sentence to be imposed.

You have the right to submit your Victim Impact Statement to the Parole Board as part of its record on the offender.

You have the right to be heard at any hearing in which the offender is seeking to change a restitution order.

You have the right to be heard at any other time deemed appropriate by the judge.

You have the right to confer with the prosecution before the start of the case, before a case is dismissed, and before a sentence recommendation is made.

You have the right to confer with the prosecutor whenever a defense motion is made to obtain your psychiatric records or other confidential information.

You have the right to confer with the probation officer about the impact of the crime on you before the officer files a full presentence report on the offender with the court.

You may be eligible to apply for Victim Compensation for certain out-of-pocket expenses, such as medical, counseling, or funeral costs, or lost wages incurred as a direct result of the crime.

You have the right to a witness fee for each day that you are required to be in court.

You have the right to request that the judge order the offender to pay restitution for your crime-related losses, and to receive a copy of the offender's schedule of restitution payments.

You have the right to have any personal property held for evidence returned as soon as the property is no longer needed for prosecution purposes.

You may be able to pursue a civil lawsuit for damages caused as a result of the crime by consulting a private attorney.

Upon request, you have the right to advance notification whenever the offender is moved to a less secure correction facility.

Upon request, you have the right to advance notification whenever the offender receives a temporary, provisional, or final release from custody.

Upon request, you have the right to notification whenever the offender escapes from custody.

You have the right to be informed by the Parole Board of the offender's parole eligibility.

You may be eligible to get information about the offender, such as a criminal record of the offender's compliance with the terms of a sentence.

You have the right to request confidentiality for yourself and your family members during the court proceedings for personal information, including home address, telephone number, school, and place of employment.

You have the right to protection by law enforcement from harm or threats of harm as a result of your cooperation with the court process.

You have the right to a safe waiting area which is separate from the defendant and the defendant's family during court proceedings.

You have the right to a prompt disposition of the case in which you are involved.

You have the right to decline or agree to submit to any defense interview before trial, or to set reasonable conditions on the conduct of any such interview.

You have the right to request employer and creditor intercession by the prosecutor's office if the crime or your involvement in the court process causes problems with an employer or in meeting financial obligations.

* Each of the above listed rights are available under the Victim Bill of Rights and by law are provided to the greatest extent possible but are subject to and dependent upon funding and available resources.

Victim/Witness Assistants will help guide you through the criminal justice process as the case progresses through the court system. The District Attorney's Office asks for your cooperation and patience during the prosecution stages and will make every attempt to avoid any inconvenience to you.

The following describes various court procedures that may be pertinent to the case:

Complaint - A complaint is a document issued by the Court formally charging a person (the defendant ) with having committed a crime. The Complaint is usually issued by the Clerk-Magistrate after a police officer or private citizen completes and swears to an " Application for Complaint ," briefly describing the facts of the crime. If the accused person is not already under arrest, the Clerk-Magistrate usually holds a Clerk's Hearing before deciding whether to issue a complaint. At the hearing the person complaining and the person accused tell their versions of what took place, and the Clerk decides whether to issue a complaint. If the Clerk does not issue the Complaint, the complaining person may appeal to the judge to issue the Complaint.

If a complaint is issued, it is issued on behalf of the Commonwealth, and the District Attorney's Office decides whether or not the case will be prosecuted.

Arraignment - The Arraignment is the first time the defendant appears in court. At that time he is advised by the judge of the charge(s) against him and of the right to have a lawyer. At the Arraignment, the judge determines the conditions under which the defendant will be released until the trial. Since people are presumed to be innocent until proven guilty, the primary purpose of bail is simply to insure that the defendant will appear in Court on the scheduled date.

Pre-Trial Hearing - At the arraignment, a pre-trial hearing date will be scheduled. At this time, the District Attorney, the Defense Attorney, and the defendant discuss the case to determine if the case will go to trial, or if the defendant will be pleading guilty to the charges. A defendant has the right to offer a guilty plea at any stage of the court proceedings; therefore, it is very important that the victims contact the Victim/Witness Office to advise of any concerns they may have.

District Court Trial - For certain crimes, the District Court Judge has the authority to conduct a trial to determine the guilt of the defendant. The defendant has a right to a District Court Trial by a judge of by a jury of six persons. In court, an Assistant District Attorney will represent the
Commonwealth and be in charge of the prosecution of the case. The Assistant District Attorney may want to talk with you at a conference before the trial date or immediately before you testify. At the trial, the Commonwealth must prove (beyond a reasonable doubt) that the defendant is guilty. The defendant does not have to testify. As a witness, your testimony may be necessary to the court in determining if the defendant is guilty or not guilty.

Summons (Subpoena) - A summons is a court order directing you to appear in court at a stated time and place. If you receive a summons, you must appear in court. Bring the summons with you when you appear on the required day, and the report either to the Victim/Witness Office or to the District Attorney's Office in the appropriate courthouse.

Probable Cause Hearing - Certain crimes cannot be tried in the District Court. For these crimes the judge may schedule a preliminary hearing in the District Court called a Probable Cause Hearing . At this hearing the judge listens to testimony from witnesses and determines whether the evidence presented is sufficient to send the case to the Superior Court. Again, it is necessary for all summoned (subpoenaed) witnesses to appear at the Probable Cause Hearing .

Grand Jury - A case sent to the Superior Court may be presented to a Grand Jury , a group of 23 citizens. The Grand Jury hears evidence presented by an Assistant District Attorney through the questioning of witnesses in a secret session. The defendant is not present at the Grand Jury Hearing. If 13 or more members of the Grand Jury believe a crime was committed by the accused, the accused will be formally charged. The formal charge by the Grand Jury is an Indictment .

Superior Court Trial - Before the Superior Court Trial , the defendant is brought before the judge fro arraignment, as in the District Court procedure. In the Superior Court, the defendant has the right to be tried by a jury of 12 persons or by a judge. The judge or jury will then decide whether the defendant is guilty or not guilty. If your testimony is needed during the trial, you will be summoned to appear.

Sentencing - If the defendant is found not guilty at the trial, he is free to go and may not be tried again for the same offense. If the defendant is found guilty, the judge may choose any of the following sentences:

The judge may also decide to continue a case without a finding for a specified period of time.

Continuances - Occasionally, court hearings cannot take place as scheduled and will be postponed. The Victim/Witness Assistance Office will attempt to notify you of a postponement in order that you might avoid an unnecessary trip to court. You can call the office the day before your court appearance to check on postponements.

As a victim or witness, it is very important to keep the Victim/Witness Assistance Office informed of your current address and telephone number (home and work) so that we can contact you about your case. If you change your address of telephone number, be sure to let us know.

A neat appearance and proper dress are always important when attending a court proceeding. Please be on time for court.

Be familiar with the statement you have made to the police.

If asked, do not be afraid to state that you have discussed your case with other people, such as the police, District Attorney's Office, and your family.

Think before you speak.

Be brief, just answer the question and stop. Don't volunteer any information.

If you do not know the answer to a question or do not remember the facts, do not be afraid to admit it. It is important that you tell only the truth .

If you can't answer "yes" or "no," say so. Modify your reply by "under certain circumstances..."

Keep your temper. Don't let anyone rile you into arguments over trivial points or even important ones. Be firm but flexible.

When one of the lawyers says "objection" stop your answer immediately and wait until the Court gives its ruling.

If you make a mistake, or a slight contradiction, admit it and correct it. Don't tie yourself in knots trying to cover up some slip of speech or memory.

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