Rights of Officers When a Crime Victim


Rights of officers when a crime victimOfficers enjoy the same rights as any other victim of a crime. These include the right:

 

  • To be informed by the prosecuting attorney of the final deposition of the case;
  • To be informed of the procedure to be followed to apply for and receive any witness fees;
  • To be physically present in court during the trial after testifying and not to be excluded solely because they have testified;
  • To be informed by the prosecuting attorney of the date, time, and place of the trial and of the sentencing hearing for felony convictions upon request;
  • To submit a victim impact of statement or report to the court, with the assistance of the prosecuting attorney if requested, which shall be included in all presentence reports and permanently included in the files and records accompanying the offender committed to the custody of a state agency or institution;
  • To present a statement personally or by representation, at the sentencing hearing for felony convictions;
  • To entry of an order of restitution by the court in all felony cases, absent extraordinary circumstances.

Additionally, if the officer is a victim of a crime against a person or violent offense:

 

  • The prosecutor shall make reasonable efforts to inform the officer of the nature and reasons for the plea agreement, including all offenses the prosecutor has agreed not to file, and ascertain any objections or comments the officer has to the plea agreement. RCW 9.94a.421.
  • When proposing a plea agreement to the court, the prosecutor “shall” inform the court whether the officer has expressed any objections to or comments on the nature of and reasons for the plea agreement. RCW 9.94a.431
  • The prosecutor shall not agree to withhold relevant information from the court. RCW 9.94a.460.

At sentencing, the court “shall” consider any victim impact statement by the officer and allow arguments from the officer, the survivor of the officer, or a representative of the survivor or officer as to the sentence to be imposed. RCW 9.94a.500.

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