A California Crime Victim's Guide to the Criminal and Civil Justice Systems
A serious crime can place a victim in two legal systems at once. This guide explains the major stages and where private counsel may fit.
InvestigationCharging, bail and releasePretrial proceedingsPlea or trialSentencing and restitutionPost-conviction and paroleSeparate civil remedies
Investigation
Victim interests can arise before charges, including safety, privacy, information, and contact issues.
Charging, bail and release
Once charges are filed, the State prosecutes the case. Victims have defined rights, including safety-related rights and participation at specified proceedings.
Pretrial proceedings
Discovery, motions, negotiations, defense contact, privacy, consultation, and notice can all become relevant.
Plea or trial
Victims may have consultation and participation rights but do not control prosecutorial authority.
Sentencing and restitution
Victims may be heard at sentencing and may pursue qualifying restitution losses.
Post-conviction and parole
Victim participation can continue after judgment under current CDCR procedures.
Separate civil remedies
A victim may also have civil claims against an offender or another legally responsible party. Those claims require independent civil analysis.