California Marsy's Law Attorney
Private counsel for crime victims and families who want help understanding, asserting, and enforcing rights protected by California Constitution article I, section 28.
What Marsy's Law does
Marsy's Law gives California crime victims specific rights throughout the criminal and juvenile justice process. Those rights include protections involving dignity and privacy, safety, notice, consultation with the prosecuting agency, participation at specified proceedings, restitution, and post-conviction release.
Can a crime victim hire an attorney?
Yes. California Constitution article I, section 28(c)(1) expressly provides that a victim's retained attorney may enforce the victim's enumerated rights in a trial or appellate court with jurisdiction over the case. Private counsel can also advise the victim about how those rights apply at each stage of the proceeding.
What can a Marsy's Law attorney help with?
- Identifying which victim rights apply to the current stage of the case.
- Communicating with the prosecuting agency about the victim's rights and concerns.
- Preparing the victim for bail, plea, sentencing, and other proceedings where victim participation may be permitted.
- Addressing privacy, protection, and defense-contact issues.
- Seeking enforcement when a protected right is at issue.
- Assisting with restitution and post-conviction participation.
Private counsel and the prosecutor have different roles
The prosecutor represents the People of the State of California. A privately retained victims' attorney represents the victim. Private counsel does not control charging decisions or replace the prosecutor, but can focus on the victim's individual rights, questions, preparation, and advocacy.
Frequently asked questions
Does Marsy's Law let a victim control the prosecution?
No. Marsy's Law creates important rights to notice, consultation, participation, protection, restitution, and enforcement, but it does not make the victim the prosecutor or transfer charging authority to the victim.
Can my attorney appear in the criminal case?
California law expressly permits a victim's retained attorney to seek enforcement of enumerated Marsy's Law rights in the court with jurisdiction over the case.
Do I need private counsel to exercise victim rights?
No. Victims may exercise their rights without private counsel and public victim-services resources are available. Private representation is an additional option for victims who want independent legal advice and advocacy.