Know Your Rights
Know Your Rights
You have rights as the victim of the crime. It is important for you to understand these rights so that you can make good decisions about whether and how you choose to use them.
Your rights as a victim of crime vary depending on whether the case is prosecuted in District Court (Your Rights as a Victim in District Court) or Circuit Court (Your Rights as a Victim in Circuit Court) or if your offender was a juvenile (Your Rights as a Victim in the Juvenile Justice System).
Flowchart of the Criminal Justice Process
(Adults or juveniles charged as adults)
Flowchart of the Criminal Justice Process for Juveniles
Your Rights as a Victim in Circuit Court
The Circuit Courts in Maryland are general jurisdiction trial courts handling all trials including:
More serious criminal cases
Major civil cases
Family matters (including divorce, child custody, child support)
Appeals from District Court, Orphan’s Court, and administrative agencies
If your offender is being prosecuted in the Circuit Court of your county (or Baltimore City), the following are your rights as a victim of crime
The Circuit Court hears all jury trials, and oversees grand jury proceedings.
Your Right to Be Treated with Dignity, Respect, and Sensitivity
Article 47 of the Maryland Declaration of Rights guarantees you, as the victim of crime, the right to be treated with dignity, respect, and sensitivity during all phases of the criminal justice process and by all agents of the criminal justice system.
Your Right to Be Notified of Court Events Related to Your Case
Within 10 days of the filing of a petition to the Court, the State’s Attorney’s Office should send you a Crime Victim Notification and Demand for Rights form. You should complete this form and send it back to the State’s Attorney’s Office in the city or county where the crime occurred as soon as possible. When you file this form, the State’s Attorney’s Office is required by law to notify you of all events related to your case. You are also eligible to receive notification through the VINE system, an automatic notification system. VINE Fact Sheet
Your Right to Be Present at the Court Events Related to Your Case
You have the right to attend any court event that the Defendant has a right to attend. When you file the Crime Victim Notification and Demand for Rights form, you are notifying the State’s Attorney’s Office that you want to attend all court events. Arrive early on the day of the court event and notify the State’s Attorney that you are there. If you are a witness to the crime, you may need to testify for the State. You may not be able to sit in the courtroom until after you testify. After you testify, you have the right to be present in the courtroom unless the Court determines otherwise.
Your Rights to Be Heard Before Sentencing is Imposed
You have the right to give written and oral victim impact statements to the Court before sentencing. You may do this by obtaining a form from the prosecuting State’s Attorney or by writing your own statement detailing how the crime has impacted you and your family. As soon as you have completed your victim impact statement, send a copy to the State’s Attorney’s Office, the Clerk of the Circuit Court, and the defense attorney.
Your Right to Restitution from Your Offender
You have the right to request from your offender out-of-pocket costs incurred as a direct result of the crime. To request this restitution, you should file a Request for Restitution with the State’s Attorney prosecuting the case, the Clerk of the Circuit Court Clerk, and the defense attorney. Your Request should detail all expenses and should include receipts and bills, if they are available. You also have the right to collect on a judgment of restitution.
Your Right to Be Informed of a Plea Agreement
You have the right to be informed of the terms and conditions of a plea agreement. Although you have the right to be notified of a plea agreement, you do not have the right to decide whether the plea is accepted by the Court. Only the judge has that right. You do, however, have the right to express your opinion about the plea agreement through your victim impact statement. If you do not agree with the plea, you should tell the Court and the State’s Attorney.
Your Rights as a Victim in District Court
The District Court handles the following types of cases:
Traffic cases
Minor criminal cases
Small claims
Non-jury matters
If your offender is being prosecuted in the District Court of your county (or Baltimore City), the following are your rights as a victim of crime
Your Right to Be Treated with Dignity, Respect, and Sensitivity
Article 47 of the Maryland Declaration of Rights guarantees you, as the victim of crime, the right to be treated with dignity, respect, and sensitivity during all phases of the criminal justice process and by all agents of the criminal justice system.
Your Right to Be Notified of Court Events Related to Your Case
Maryland does not provide for mandatory notification of court events in District Court cases. However, you should always inform the State’s Attorney’s Office if you wish to be notified. You can do this by writing a letter to the State’s Attorney handling your case, sending a copy to the Clerk of the District Court, and a copy to the defense attorney. Be sure to include the defendant’s name and case number. You are also eligible to receive notification through the VINE system, an automatic notification system. VINE fact sheet
Your Right to Be Present at the Court Events Related to Your Case
You have the right to attend any court event that the Defendant has a right to attend. You must notify the State’s Attorney prosecuting the case, and the District Court Clerk, that you wish to be present at the proceedings. It is important that both the State’s Attorney and the District Court Clerk have your most recent address. If you are a witness to the crime, you may need to testify for the State. You may not be able to sit in the courtroom until after you testify. After you testify, you have the right to be present in the courtroom unless the Court determines otherwise. Please arrive at the courthouse early on the day of the court event and remember to check in with the State’s Attorney prosecuting the case when you arrive.
Your Rights to Be Heard Before Sentencing is Imposed
You have the right to give written and oral victim impact statements to the Court before sentencing. You may do this by obtaining a form from the prosecuting State’s Attorney or by writing your own statement detailing how the crime has impacted you and your family. As soon as you have completed your victim impact statement, send a copy to the State’s Attorney’s Office, the Clerk of the District Court, and the defense attorney. You also may have the right to speak at the sentencing. If you wish to do this, please notify the prosecuting State’s Attorney in writing as soon as possible asking the prosecutor to request this right for you at Court. Be sure to include the case number and the Defendant’s name on all correspondence.
Your Right to Restitution from Your Offender
You have the right to request from your offender for out-of-pocket costs incurred as a direct result of the crime. To request this restitution, you should file a Request for Restitution with the State’s Attorney prosecuting the case, the Clerk of the District Court Clerk, and the defense attorney. Your Request should detail all expenses and should include receipts and bills, if they are available. You also have the right to collect on a judgment of restitution.
Your Rights as a Victim in Juvenile Court
The crime is under the age of 18. Although many procedures are different between juvenile court and criminal court, you still have rights as the victim of the crime. The Maryland Constitution guarantees every victim of crime the right to be treated with dignity, respect, and sensitivity during all phases of the criminal justice system.
Your Right to Be Notified of Court Events Related to Your Case
Within 10 days of the filing of a petition to the Court, the State’s Attorney’s Office should send you a Crime Victim Notification and Demand for Rights form. If the case, if tried as an adult, could only be heard in the circuit court (felony). You should complete this form and send it back to the State’s Attorney’s Office in the city or county of the crime as soon as possible. When you file this form, the State’s Attorney’s Office is required by law to notify you of all events related to your case. Because your case is in juvenile court, there may be a “waiver hearing.” A waiver hearing is a hearing to determine if the case against the juvenile should be handled in criminal court instead of juvenile court. If your case is initially charged in criminal court, you may also have a “reverse waiver hearing.” In that hearing, the court decides whether the case should be moved back to juvenile court. You have a right to be notified of both these hearings. If you do not agree with the decision of the intake officer, you have a right to appeal the decision.
Your Right to Be Present at the Court Events Related to Your Case
You have the right to attend any court event at which the Respondent has a right to attend. When you file the Crime Victim Notification and Demand for Rights form, you are notifying the State’s Attorney’s Office that you want to attend all court events, including a waiver or reverse waiver hearing as described above. Arrive early on the day of the court event and notify the State’s Attorney that you are there. If you are a witness to the crime, you may need to testify. You may not be able to sit in the courtroom until after you testify. After you testify, you have the right to be present in the courtroom unless the Court determines otherwise.
Your Right to Be Heard Before Sentencing is Imposed
You have the right to give written and oral victim impact statements to the Court before sentencing. You may do this by obtaining a form from the prosecuting State’s Attorney or by writing your own statement detailing how the crime has impacted you and your family. As soon as you have completed your victim impact statement, send a copy to the State’s Attorney’s Office, the Clerk of the Juvenile Court, and the defense attorney. You also have the right to give a victim impact statement at a reverse waiver hearing if there is one in your case. You may do this by completing the victim impact statement as described above.
Your Right to Restitution from Your Offender
You have the right to request from your offender for out-of-pocket costs incurred as a direct result of the crime. Because the offender is a juvenile, there is a $10,000 limit on the amount of restitution that can be ordered. However, the Court can also order the juvenile’s parents to pay the restitution, as well as the juvenile. To request this restitution, you should file a Request for Restitution with the State’s Attorney prosecuting the case, the Juvenile Court Clerk, and the defense attorney. Your Request should detail all expenses and should include receipts and bills, if they are available. You also have the right to collect on a judgment of restitution.
Your Right to Be Informed of a Plea Agreement
You have the right to be informed of the terms and conditions of a plea agreement. Although you have the right to be notified of a plea agreement, you do not have the right to decide whether the plea is accepted by the Court. Only the judge has that right. You do, however, have the right to express your opinion about the plea agreement through your victim impact statement. If you do not agree with the plea, you should tell the Court and the State’s Attorney.
The Maryland Crime Victims’ Resource Center can provide assistance with the victim impact statement, requesting restitution, and additional court procedures that may arise.
Your Rights as a Victim to Restitution
Restitution is money that the offender must pay to you for the costs of his or her crime. As a victim, you are entitled to request restitution from your offender for the cost of these expenses.
When am I eligible for restitution?
You are eligible for restitution if you have suffered any financial loss as the direct result of the crime. You don’t have to have a physical injury to be eligible for restitution.
What are eligible expenses for an order of restitution?
Almost any out-of-pocket expense is an allowable expense for an order of restitution. Allowable expenses include:
- Medical bills, including medication and prescriptions
- Transportation to the hospital, doctor’s appointments, funeral services, court events, etc.
- Physical or Occupational Therapy
- Rental of purchase of equipment, i.e. wheelchair or crutches
- Replacement of eyeglasses or hearing aids
- Therapeutic mental health counseling, including support groups
- Funeral and Burial expenses
- Any expenses related to the destruction, damage, or theft of personal property or real estate
- Lost wages
How do I request restitution from the offender?
Both you and the State’s Attorney prosecuting the case can request restitution from the offender. Follow these simple steps as soon as you know that you want to request restitution from the offender.
- Send a Request for Restitution to the State’s Attorney’s Office prosecuting the case, the Clerk of the Court, and the defense attorney.
- Your Request for Restitution should detail all expenses that you have paid and should include copies of all receipts, bills, statements, photographs of damaged, destroyed, or stolen property, police reports, copies of insurance claims, and employer statements detailing the amount of lost wages.
- Keep all original receipts, bills, statements and other documentation of expenses that you have had to pay as the result of the crime with you in a safe place.
- Arrive early on the day of the trial or hearing, check in with the State’s Attorney prosecuting the case, and give them another copy of your receipts and bills.
- Reminder: Only the judge has the ability to grant a restitution award.
How do I collect restitution once it is ordered?
Restitution is a money judgment against the offender. Follow these steps for assistance:
- Check with the Clerk of the Court to ensure that your judgment of restitution is recorded and indexed in the county or city where the offender resides.
- File an updated Crime Victim Notification & Demand for Rights Form and register for VINE so that you are notified of the offender’s release.
- Earnings Withholding Order: If the offender is on probation, parole, or another form of conditional release, payment of restitution to you is mandatory if it was ordered by the judge. Contact the offender’s probation or parole agent. Ask them to arrange a payment plan for the offender. If the offender is NOT paying restitution, ask the agent to file an Earnings Withholding Order to have money removed from the offender’s paycheck.
- Wage Garnishment: If the offender is not on probation or parole, you may file a wage garnishment by filing a form in the District Court.
- Attach Property or other assets: Property that may be attached includes a car, bank accounts, or a house.
- Remember to file a Notice of Renewal: Your judgment against the offender is valid for only 12 years, unless renewed by you.