I was a victim of a crime. Do I need an attorney?
No. Since the Prosecutor's Office files the criminal charges on behalf of the State of Indiana, it is the State that prosecutes. If you are the victim, you become a witness for the State and do not need your own attorney.
Where can I go if I need assistance?
Victim Advocates at the Marion County Prosecutor's Office are available to answer questions and address your concerns. If you would like information about your pending case or where to go for counseling, or to inquire if there are other services available, call 327-6941. Ask to speak to a Victim Advocate.
What should I do if the defendant's attorney contacts me?
If you're contacted by a defense attorney, please call the deputy prosecutor assigned to your case immediately. Defense attorneys do have a legal right to interview and ask you questions, but you have the right to have someone from the Prosecutor's Office with you at the time. Do not answer any questions by a defense attorney over the telephone.
Where are the courts located?
All municipal and criminal (felony) courts are located within the City-County Building, 200 E. Washington St. The building covers a square block, with Alabama St. on the east side, Delaware St. on the west side, Market St. on the north side and Washington St. on the south side. There is ample parking near the building. The building is comprised of a west tower, center tower and east tower. Drug courts are located in the basement.
What is bail/bond?
With the exception of those accused or charged with murder, everyone is entitled to have a bond set. The purpose of bond is not punishment, but to ensure that the person will return to court to face charges. ("No bond" is automatically set for those arrested for murder.) A bail commissioner will review the charge for which the person was arrested and other factors, such as place of residence, employment and past criminal history, to determine an appropriate bond amount. Those arrested may post bond and get out of jail even if they have yet to be charged with a crime.
Why are some people released from jail without posting bond?
Sometimes the court may decide that the person will return for court dates without posting bond as a financial incentive to come to court. In these case, the court may "OR" the person, which means they are released on their "own recognizance" and are not required to post money with the court or a bail bondsman.
How might I be notified if the person in jail posts bail/bond?
Indiana SAVIN (statewide automated victim information and notification) allows Indiana residents to receive real-time information about the custody status of offenders in all 92 counties. Users can register to be notified about an offender's placement, release, transfer, or other change. There is no cost to use the service and users can access offender information by telephone or the internet. While SAVIN is highly reliable, there is always the possibility of technical or human errors. The system is yet another took to help victims make informed choices about personal safety. You should not rely solely on the SAVIN system or any other information system for protection.
SAVIN – http://indianasavin.in.gov/, is available 24 hours a day, seven days a week, and operators will be available around the clock to answer questions or assist callers. Crime victims are anonymous while using the system. Also a call center is available to answer any questions at 1-866-891-0330.
If you would like more information about Indiana SAVIN or its implementation or would like to request promotional materials, please contact the Victim Services Division at (317) 232-5749
How will I know when to come to court?
If you are to be called as a witness in the trial, you will receive a subpoena in the mail as the court date approaches. A subpoena is a court order for you to appear in court. If you fail to appear, the judge may issue a bench warrant for your arrest.
What If I'm called as a witness by the Prosecutor's Office and I don't want to testify?
If you are called to testify in a criminal case, you must appear in court. With the exception of a serious documented illness, the judge may issue a warrant for your arrest if you fail to appear. Reasons such as transportation, child care and employment will not be accepted. Employers are required by law to allow employees to appear in court if they receive a subpoena.
What is a court (or bench) trial?
Every defendant has a legal right to a jury trial. However, they may waive that right and ask that a judge review the case and make a decision of guilt or innocence. The sentencing guidelines for a jury trial or a court trial are the same.
When does sentencing take place?
Once a defendant is found guilty of or pleads guilty to a crime, the judge will set a sentencing date. The probation department will prepare a 'pre-sentence investigation" report that contains information about the defendant, such as prior criminal history, conduct while in jail waiting trial, education, family history and statement from the defendant to the court. This document is not public information.
Victims have a legal right to be present at sentencing and to give testimony. Sometimes victims will take the stand and answer questions from a deputy prosecutor about how this crime has affected the. Others choose to read a written statement or to have someone else read it for them on their behalf.
What are the possible sentences a defendant may receive?
If convicted, a judge may impose a range of penalties upon a defendant, which include actual jail or prison time, probation, home detention, community work service and financial restitution or fines. The sentencing guidelines for the State of Indiana define the minimum and maximum length of sentence that a judge may impose.
Murder: 45 - 65 years A Felony: 20 - 50 yearsB Felony: 6 - 20 yearsC Felony: 2 - 8 yearsD Felony: 6 months - 3 years A Misdemeanor: 0 - 1 yearB Misdemeanor: 0 - 180 daysC Misdemeanor: 0 - 60 days
I've heard that the State of Indiana has money to help crime victims. How do I apply for this money?
The State of Indiana, through the Indiana Criminal Justice Institute (ICJI), does manage a fund that will compensate victims for things such as uninsured medical expenses due to injury, burial expenses, loss of wages and counseling. This fund does not cover property damage.
Contact ICJI, Violent Crime Compensation, at 232-7103 for application forms or contact a victim advocate with the Prosecutor's Office, police or Sheriff's Department. The suspect does not have to be in custody or criminal charged filed for your to qualify, but you must be willing to cooperate with an investigation/prosecution.
You must apply within 180 days of the crime and the limit is $10,000.
Might I receive money for damages through a criminal trial?
The purpose of a criminal trial is to punish the defendant with "loss of freedom" through actual jail or prison time, probation, home detention or other restrictive measures. In some cases, a judge may order the defendant to pay financial restitution to a victim for losses that they incurred, such as loss of money, medical bills or damage to property. This restitution does not cover things such as emotional distress. If the defendant cannot pay back the restitution during their probation he arid, it will become a civil judgment that allows the victim to pursue garnishment of wages or put a lien on the defendant's property.
What may be my initial reaction to the crime?
Your initial reaction may be one of sheer surprise--a "this can't be happening to me" feeling. Shock and disbelief are common reactions to give your body time to adjust. As the shock diminishes and you realize the seriousness of the situation, you may become frightened and almost numb. Many thoughts may dart through your mind as you become concerned for your safety. Sometimes victims report they felt as if they were watching themselves in a movie; the crime wasn't really happening. Others report a tense and shaky feeling as their bodies adjusted to the increased adrenaline flow.
Who is responsible?
Following the crime, you may feel a mixture of anger and guilt toward the assailant for endangering your life and putting you in a position of powerlessness. You may feel guilty for not doing something to have avoided becoming a crime victim. Most of us have been raised with the idea that whatever happens around us is caused by something we did or did not do. We may believe that only "unlucky" people become crime victims. It is difficult for us to accept that we cannot control everything that happens to us.
Crime is often a random act and it is not your fault that you were victimized. Having become a crime victim may challenge your beliefs about a safe world and other long-held convictions, Just remind yourself that surviving the crime indicates you did everything right.
What's happening to me?
Not everyone reacts to a crisis in the same manner. Many victims of crime report similar thoughts and feelings. It is normal to experience any or all of the following:
Sleeping and Eating DisordersYou may have an inability to either go to sleep or stay asleep. You may even sleep a lot or have disturbing dreams. Nightmares are common and frightening but not dangerous. You may not be able to eat or you may want to eat all the time.
TensionYou may be excessively "hyper" or unable to concentrate for long periods of time. You may have an exaggerated response to startling noises. If you are the victim of a robbery, you may worry about retaliation from the attacker. Remember, the robber's objective was to get money or valuables and you were just the means through which he or she achieved that goal.
Intrusive ThoughtsMemories about the crime may recur when you're not expecting them and may be triggered by unexpected things. You may replay the crime over and over in your mind.
Negative FeelingsUnpleasant feelings, such as profound sadness, helplessness, fear, rage, frustration or depression, may come without warning.
Interpersonal ProblemsYou may feel irritated by those around you and want your "space" for a while. You may find yourself distancing yourself from others. It may seem like others are incapable of giving you the support and sympathy you need right now.
Decreased Work EfficiencyYou may experience lower work productivity and an inability to concentrate on tasks. You may feel apathetic toward your job or home responsibilities.
How do I cope?
First, tell yourself you are not going crazy. You are experiencing normal reactions to an abnormal situation. Just as everyone reacts to a crisis differently, not everyone recovers from a crisis in the same manner or within the same time frame. Recovery from the trauma of a crime depends on many of the same factors which affect recovery from any adult life crisis. This includes internal strength and coping mechanisms, support of family and friends, the way you were treated as a victim and and other stressors present in your life. If any of the crisis/stress symptoms persist unrelieved for months, talking about them with a professional counselor or therapist can speed healing. Realize it is normal for some symptoms to worsen when you are faced with court proceedings, but generally, healing should be in an upward, although sometimes gradual, direction.
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