Alameda County District Attorney's Office
Tom Orloff, District Attorney

Marsy's Law

On 11/04/2008, by enacting Proposition 9, referred to as the "Victims' Bill of Rights Act of 2008: Marsy's Law" the California citizens voted to provide victims of crimes with certain constitutional rights. By enacting Proposition 9, the California Constitution, Article I, Section 28 (b), has been amended and hereby confers the following rights to those who are victims of crime as defined in the constitution.

Read more about Marsy's Law
Download PDF of Marsy's Law

THE ALAMEDA COUNTY DISTRICT ATTORNEY’S OFFICE VICTIM/WITNESS ASSISTANCE PROGRAM

About the Victim/Witness Assistance Program

The Victim-Witness Division of the Alameda County District Attorney’s Office is committed to providing comprehensive services to victims of crime in a sensitive and efficient manner.

We encourage clients to make an appointment. To do so, please call 510-272-6180 or you can email us at vwclaim@acgov.org. Please provide:

• your name
• a contact phone number
• a mailing address or email address
• the Victim-Witness Claim Number or Police Report Number, if you have it.

You will be contacted.

For those clients without an appointment, a consultant will be available at the main office as follows:

• Tuesdays 9 – 11 a.m
• Wednesdays 9 – 11 a.m
• Fridays 9 – 11 a.m

The office is open from 8:30 – 5:00, Monday through Friday. Though we are working, the office is closed to the public from 12 - 1 p.m. and 3 - 5 p.m. daily.

Office Location & Contact Information

Mission:

The goal of the Alameda County District Attorney’s Office Victim/Witness Assistance Division is to protect and promote the rights of crime victims by ensuring the delivery of quality services. We are committed to meeting the immediate and long term needs of victims and witnesses of all crimes.

History:

The Victim/Witness Program for the Alameda County District Attorney’s Office was one of the original eight prosecutor–based victim/witness programs in the country, and the first of its kind in California. Victim/Witness centers are now located in all of California’s 58 Counties.

The intent of the program was to develop methods to reduce the trauma and insensitive treatment that victims and witnesses experienced in the wake of crime. At the Alameda County District Attorneys Office we are dedicated to reducing the emotional, physical, and financial aftermath of victimization.

Available services:

There are 14 advocates that are assigned to work with crime victims throughout Alameda County. We work cooperatively as members of the prosecution team to support and prepare the victim(s) and their families throughout and beyond the criminal justice process. They serve as the liaison between the victim, prosecutor and law enforcement, while providing the following mandated services;

Mandatory Services:

• Crisis Intervention
• Emergency Assistance
• Resource and Referral Assistance
• Follow-up Assistance
• Property Return Assistance
• Orientation to the Criminal Justice System
• Victim Impact Statement Assistance
• Court Escort/Court Support
• Case Status/Case Disposition Information
• Notification of Family/Friends
• Employer Notification
• Victim of Crime Claims Assistance
• Restitution Assistance

Additionally, there are optional services, these are;

Optional Services

• Creditor Intervention
• Child Care Assistance
• Witness Notification
• Funeral Arrangement Assistance
• Crime Prevention Information
• Witness Relocation Assistance
• Temporary Restraining Order Information
• Transportation Assistance
• Court Waiting Area
• Employment Intervention

Victims Rights in California

Victims of crime and their family members have the right to:

• Know the current status of your court case.
• Be assisted if called as a witness.
• Attend all sentencing proceedings.
• Speak in person; address the court in writing; or be represented by an attorney at the time of felony sentencing to express your views concerning the defendant, the crime, and its effects on you and your family.
• Have the court order restitution from the convicted person.
• Request the Board of Prison Terms to provide notice of any hearing to review or consider parole eligibility or parole setting for prisoners in your case. You must keep the Board of Prison Terms informed of your current address if you wish to be notified.
• Speak personally; submit a letter, tape recording or video tape; or send an attorney to the parole hearing to express your views about the crime and the person responsible.

Specialized Units

Within our office, we have advocates that are assigned to specialized units in order to concentrate and provide optimal services to certain under served populations. These units are:

Elder Abuse/Dependent Adult

It is estimated that for every one case of elder abuse, neglect, exploitation, or self neglect reported to authorities, about five more go unreported. According to the Area Agency on Aging; reports of elder abuse in Alameda County have nearly tripled, from 934 cases in 1995 to 2,712 cases in 2002. Unfortunately such victims often fall through the cracks in a fragmented system and fail to find their way to the appropriate community or legal agency. Many elder abuse victims are often unable to access services or assert their rights. Some have physical, cognitive, and attitudinal impediments that limit their access to the appropriate agencies. Others are unaware that they have been victimized or refuse to see themselves as victims.

The Elder Abuse advocates provide comprehensive advocacy services to these victims as well as training and outreach services to law enforcement and other service providers. We collaborate with specific agencies such as Adult Protective Services, Legal Aid for seniors, the Ombudsman Office and The Center for Independent Living. These efforts have generated an increase in reporting the maltreatment of elders and dependent adults.

Domestic Violence

Cases involving domestic violence can be some of the most difficult and sensitive cases with which to work. The lives of victims of this type of assault may be seriously disrupted; often times the victims are forced to ‘flee’ in the middle of the night, leaving behind, clothing, identification papers and other properties. The victim advocate assigned to this unit is assigned to our Family Justice Center, a one stop shop for victims and families of Domestic Violence. The advocate works collaboratively with the many different agencies that provide support, emergency shelters, counseling, child custody issues and emergency protective orders.

Parole Revocation Victim Advocacy Program

The advocate assigned to this unit provides all of the mandated services in addition to information about the parole revocation process. The advocate accompanies the victims and witnesses to the revocation hearing which is held in a ‘locked down’ facility; this environment alone can be frightening. The advocate is a liaison with the parole agent, the law enforcement officer and the Deputy District Attorney. If the case is also charged by the District Attorney’s Office, the advocate remains assigned to the throughout the entire court proceedings

Human Trafficking

Human trafficking is one of the fastest growing criminal enterprises in the world. Individuals are bought, sold, and forced into prostitution against their will. The victim advocate assigned to this position is trained to work with sexually exploited minors and the specific agencies that assist this population through support, education and advocacy. The assigned advocate works with law enforcement, the Deputy District Attorney, and referral agencies in order to create an environment where the victim feels comfortable to seek help and escape their captors

State Victim of Crime Compensation Program:

If you or a member of your family sustained injury as a direct result of a crime, you may be eligible to receive financial services through the Victim Compensation Government and Claims Board (VCGCB). Losses that may be covered include medical/dental, mental health counseling, wage/income loss, financial support, funeral/burial expenses and job retraining. New domestic violence guidelines adopted by the VCGCB provide that a child who witnesses an incident of domestic violence is now considered to be at risk of physical injury and qualifies as a direct victim of a crime.

Under the California law (Government Code Sections 13959-13969.3), qualifying victims of crime may receive financial assistance for losses resulting from a crime when they cannot be reimbursed by other sources. The VCGCB administers California’s Crime Victim Compensation Program.

The following losses may be covered by the Program:

• Medical/Dental
• Mental Health Counseling
• Wage/Income
• Financial Support
• Emergency Funeral/Burial
• Job Retraining
• Emergency Relocation
• Crime Scene Clean Up
• Home Security
• Home or Vehicle Modifications for Disabled Crime Victims
• Medically necessary equipment including wheelchairs, walkers, eye glasses, hearing aids and prosthetic devices.

Personal property losses, including cash, are not eligible for reimbursement under the program. The program also cannot reimburse applicants for expenses related to the prosecution of an alleged perpetrator or compensated applicants for “pain and suffering.” However, losses not covered by the program may be recoverable, either through court-ordered restitution as a part of a convicted perpetrator’s criminal sentence or through the enforcement of a judgment obtained in a civil lawsuit against the alleged perpetrator.

Who is eligible?

• The victim of the crime who suffers physical and /or emotional injury or a survivor of a person who dies as a direct result of the crime.
• Anyone legally dependant upon the victim of support.
• Anyone who was present during the crime and who has a close relationship with the victim.
• Anyone who must receive psychological treatment as a result of the crime or who should be included in the psychological treatment of the victim.
• Anyone who takes legal responsibility and/or pays for a victim’s medical or burial expenses.

To qualify:

• The crime must be reported to law enforcement.
• The victim must cooperate in the investigation and prosecution of any known suspects.
• The victim must not have contributed to the events which lead up to the crime.
• Filing deadline is one year from the date of the crime or incident.

How to file and application:

• Through office intake appointment.
• By Mail (1401 Lakeside Drive, Ste. #802, Oakland, CA 94612)
• By Fax (510-451-1803)

Tips that will help when you apply:

• Include copies of reports, bills or receipts with your application to help speed up the review.
• Send your bills to your insurance company, worker’s compensation carrier, or Medi-Cal right away. We work with them to help pay your bills.

For Additional Victim Services and Information:

Visit the Alameda County Family Justice Center

The California Department of Corrections and Rehabilitation has a PDF form for victims and their family members regarding parole notification, restitution, inmate status, parole hearings and requests for special conditions of parole.

You can download the form here or visit their website directly using the link above.