Private counsel for California crime victims and familiesWingert Grebing Brubaker & Walshok LLP
Frequently Asked Question

Can a Crime Victim Hire Their Own Attorney in California?

Yes. California law expressly recognizes a role for a victim's retained attorney in enforcing enumerated Marsy's Law rights.

What would my attorney actually do?

A privately retained attorney can advise you about your rights, communicate with the prosecuting agency, help you prepare for important proceedings, address privacy or protection concerns, assist with restitution, and seek enforcement of protected rights where appropriate.

Does hiring an attorney replace the prosecutor?

No. The prosecutor remains responsible for prosecuting the criminal case on behalf of the People. Your private attorney represents you and focuses on your individual rights and interests.

Is private counsel required?

No. Crime victims can exercise Marsy's Law rights without hiring private counsel, and government victim-services programs provide valuable assistance. Private representation is an option when a victim wants independent legal advice and sustained advocacy.

You can have your own attorney in the criminal justice process.

For serious matters, private counsel can advise the victim, communicate with the prosecuting agency, prepare for critical proceedings, and seek enforcement of rights protected by California law.