Article 27, Sec. 761, 770, Annotated Code of Maryland
Article 47, Constitution of Maryland
Guidelines for the Treatment of & Assistance to Crime Victims & Witnesses
The following is a summary of the 17 guidelines which prescribed the ways in which victims and witnesses of crime will be treated and helped. These guidelines are part of Maryland's Criminal Code & Constitution.
In accordance with these guidelines, every crime victim or witness should:
In addition, a victim of a crime of violence is entitled to:
As a victim or a witness of a crime, you automatically become involved in a system that can sometimes be intimidating and confusing. The Victim Witness Assistance Unit (VWAU) will explain court procedures to you, and answer any questions that you may have regarding your case. They will follow your case through to final disposition and inform you of that decision.
According to Maryland Law, a victim is entitled to provide the judge or jury before sentencing with a statement describing how the crime has affected his or her life. Once completed and returned, the Victim Witness Unit will make sure it becomes part of the court file.
The Criminal Injuries Compensation Board provides compensation for victims of violent crimes, or their dependents who have suffered out-of-pocket losses for medical and other related services due to physical injury, loss of income, or death. If you are eligible, the VWAU staff will provide you with the forms and assist you in filing a claim.
These guidelines prescribe the ways in which victims and witnesses of crime should be treated and helped.
The office will be asking for information regarding your injuries, and any out-of-pocket expenses incurred by you as a result of this offense. This information will be made accessible to the judge, and where appropriate, the court may order the defendant to reimburse you for your losses as part of the sentence.
This office will assist with the return of property held in evidence by the police or the court. When possible, they will ask for prompt property return soon after a defendant is charged.
The office works with a number of social service and private, non profit agencies which can provide to you services such as counseling, emergency assistance and housing. If such a need should arise, please don't hesitate to contact the office.
If you require help arranging transportation in order to attend court as a State's witness, the VWAU will assist you. They must know of your need at least two weeks in advance of your court appearance.
Coming to court to testify as a State's witness is both a civic duty and a legal obligation. If your employer needs any assistance from us regarding your status as a State's witness, they will contact your employer to clear your absence.
Once an offender is arrested, he/she goes before a District Court Commissioner who will determine if the defendant will be held on a bond, no bond or released pending trial. If a defendant is released, he/she is usually ordered to have no contact with the victim(s). If contact should occur, it should be reported immediately to the police, and the VWAU. The victim is not required to appear at this hearing.
Between thirty to sixty days after the defendant's initial appearance, a preliminary hearing is held in District Court to determine whether there is sufficient evidence (probable cause) to believe a felony was committed and that the defendant committed the crime. If probable cause is found, the case will be sent to the Circuit Court for trial. Usually only the officer is needed to testify at this hearing.
After the Preliminary Hearing, the State's Attorney's Office has 30 days to file an "Information" (the charges) with the Clerk's Office.
Once the Information is filed, the defendant is brought into court and advised by the judge of the charges against him/her and of the right to have a lawyer. If an attorney has already entered his/her appearance on behalf of the defendant, this hearing will not occur. The victim need not be present for this hearing.
Once the defendant has had an initial appearance in Circuit Court, the court then has 180 days in which to schedule a trial date for the case. It is at this point that the victims and witnesses will be summonsed to testify before a judge as to what happened in their case. The defendant will be present throughout this proceeding.
If the defendant is found guilty, the judge has the option of sentencing immediately after the conviction, or the court may order a Pre-Sentence Investigation (PSI). A PSI is a background investigation of the defendant that is done through the department of Parole and Probation and is usually completed within 6-8 weeks after the trial. If a PSI is ordered, a separate sentencing date will be announced and the victim will be notified.
If someone you know has been the victim of a crime in Maryland & would like more
information or is in need of assistance, please contact:
Victim Witness Assistance Unit