Victim Resources
Does a Crime Victim Have to Talk to a Defense Investigator?
Marsy's Law expressly addresses defense interviews and gives victims important choices.
Updated September 23, 2026
Reviewed for publication by Mark A. Amador | Former California prosecutor | Partner, Wingert Grebing Brubaker & Walshok LLP
Right to refuse
A victim has the right to refuse an interview, deposition, or discovery request by the defendant, defense attorney, or a person acting on their behalf.
If you agree
The Constitution recognizes the ability to set reasonable conditions if the victim consents to an interview.
Formal process
A voluntary interview request is different from a subpoena or court order. Formal process should be reviewed rather than ignored.
Frequently asked questions
Can I decline a defense interview?
Marsy's Law expressly recognizes a victim's right to refuse a defense interview request, subject to applicable law governing formal compulsory process.
Legal reference: California Constitution article I, section 28; California DOJ victim-rights materials. Parole-specific pages also rely on current CDCR victim-services guidance. This page is general information, not legal advice.
General information only. Rights, procedures, deadlines, and available remedies can depend on the facts and the stage of the case.