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In certain cases, the DA shall consult the victim to obtain the views of the victim regarding the disposition of the criminal case. In addition, you will receive a "victim impact statement" from the Probation Department in which your version of the offense and the extent of your injury out-of-pocket and other economic losses are summarized for the court. In cases where the defendant is imprisoned, you will be notified of your right to submit a victim impact statement to the Division of Parole or to meet with a member of the Parole Board.
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You may print, fill out, and send the Victim Impact Statement back to the Probation Department.
Please send a completed Victim Change of Address Form to Livingston County Probation Department, 6 Court Street, Room 101, Geneseo, NY 14454.
Restitution is compensation paid to a victim by the perpetrator of a criminal offense for the losses or injuries incurred as a result of the criminal offense. It must be ordered by the Court at the time of sentencing, and is considered part of the sentence. Restitution may include but is not limited to reimbursement for medical bills, counseling expenses, loss of earnings and the replacement of stolen or damaged property. Restitution is NOT for payment of damages for future losses, mental anguish or "pain and suffering".
Anyone who has been the victim of a criminal offense and has suffered injuries, economic losses or damages can seek restitution. Many times, victims who deserve restitution do not request it. This can occur because victims are not aware that they are entitled to restitution, or do not know what steps to take to go about receiving the restitution they deserve.
You should contact the DA's office and advise them of the extent of your injury, your out-of-pocket losses and the amount of damages you are requesting. IT IS YOUR RESPONSIBILITY to give the police, DA and upon request, the local probation department copies of the bills and other documents showing the extent of your injuries, your out-of-pocket losses and the amount of damages you want considered by the Court! Your claim for restitution will be included in any probation investigation report (pre-sentence, pre-plea or pre-disposition report). Be sure to: 1. Keep accurate records such as original receipts of any expenses you have as a direct result of the criminal offense. 2. Give copies of these receipts to the police, DA and local probation department. 3. You need to clearly explain your need for restitution as soon as possible to the DA, the victim/witness advocate, and the probation department. Unless waived by mutual consent, plea agreements can occur within days of the actual criminal offense. If this information is not provided before sentencing, you may have to pursue reimbursement of your losses in Civil Court. 4. In most felony criminal cases, many misdemeanor criminal cases and all juvenile delinquency and persons in need of supervision (PINS) cases, a pre-sentence or predisposition investigation report is required. The local probation department will contact you about the issue of restitution as it pertains to your case.
The DA is under an obligation to petition the Court to order restitution on your behalf. When the District Attorney's (DA) office advises the Court that you have requested restitution or when the victim impact statement contained in the probation investigation report (pre-sentence, pre-plea or pre-disposition report) indicates that the victim seeks restitution, the Court must order restitution unless the interests of justice dictate otherwise. When the judge does not order restitution, the judge must clearly state his/her reasons on the record.
The amount of restitution is based on proof of your out-of-pocket losses incurred as a result of the criminal offense. The perpetrator has a right to object to the amount of restitution. The Court may hold a hearing on the issue of restitution where the Court may consider the perpetrator's ability to pay. The DA's office may contact you and ask you to testify at the restitution hearing. If you have a concern about appearing personally in Court, you should explore alternatives with the DA assigned to your case.
Minors can be ordered to pay restitution typically by the Family Court. However, restitution from juvenile delinquents is limited to $1,500 and restitution from persons in need of supervision (PINS) is limited to $1,000. Additional restitution may be pursued civilly under certain circumstances against the parent or guardian of the minor.
Yes, you have many, many rights as a crime victim. Child victims have additional rights beyond those of adult victims, and there are some specific rights afforded domestic violence victims and rape and sexual assault victims.
Law enforcement agencies and DA's shall promptly return property held for evidentiary purposes unless there is a compelling reason for retaining it relating to proof at trial. The court will assist in and expedite the return of such property.
Yes, you do have many rights to know about the status of the judicial proceedings for the person accused of committing the crime against you. You have the right, too, to know the final disposition of the case and, in certain cases, you may be entitled to know of an inmate's release from jail.
You have the right to be protected from threats, physical injury, or other kinds of intimidation. The police, sheriff's department, probation department or DA can offer advice regarding appropriate measures to keep you safe.
OVS provides compensation to innocent victims of crime for their out-of-pocket losses related to the crime. OVS funds local victim assistance programs that provide a variety of direct services to crime victims, including helping victims complete their OVS application for assistance. OVS advocates for the rights and benefits of all innocent victims of crime.
The OVS offers compensation related to: personal injury, death and loss of essential personal property. The specific expenses OVS may cover include: Medical and counseling expenses, Loss or damage of essential personal property (up to $500, including $100 for cash), Burial/funeral expenses (up to $6,000), Lost wages or lost support (up to $30,000), Transportation (necessary court appearances for prosecution or to related medical appointments), Occupational/vocational rehabilitation, Use of domestic violence shelters, Crime scene clean-up (up to $2,500), Good Samaritan property losses (up to $5,000), Moving expenses (up to $2,500)
If you are under 18, 60 or over, disabled or were injured, you may apply for benefits to repair or replace your essential personal property lost, damaged or destroyed as a direct result of a crime that was not covered by any other source. Essential means necessary for your health and welfare, like eyeglasses, cash and clothes.
Visit: Office of Victim Services Website
1. Complete the OVS application form. 2. Meet the eligibility requirements 3. Have a compensable out-of-pocket loss or have one at a later time
You can also file a civil lawsuit against your offender or a liable third party (e.g. if your landlord fails to supply sufficient lighting or other security measures) for recovery for your losses. If you decide to file a civil lawsuit, you will need to see an attorney who will explain your choices and advise you. If the crime occurred during the course of employment or arising out of employment, you may be eligible for workers' compensation benefits. The workers' compensation benefits you may be eligible to receive are: medical care, payment for lost wages, payment for permanent disability, rehabilitation or death benefits. If the crime is related to a vehicle, you may qualify for benefits under an automobile insurance policy or MVAIC. You may be eligible for compensation from other sources such as: mortgage insurance, homeowner's/renter's insurance, liability insurance, disability (private or state), veteran's benefits, social security benefits or a funeral/burial policy.