As the victim, do I have the right?

Question

I was the victim in a domestic violence case that was plea bargained. I am very unhappy with the ruling that was made, and thus far, the DA has not kept any of his promises that he made in the deal. Do I, as the victim, have the right to file a motion or an appeal for this case, and if so, what is it called that I would need to file? All I know is that I would need to do it in the prothonatary's office.

The DA lied to me right up until the actual sentencing in order to get me to cooperate. I am angry about that. He also hasn't kept his word to my fiance and that was an official part of the plea bargain. Can I do anything at all about this. Sentencing has taken place already.

Answer 1

At first thought, I think that you probably have no right other than to file some kind of grevance with your state's bar association against the DA. The persont hat has been sentenced has had his or her day in court. To make them come back and get resentenced would violate his rights (and he does have them) unless the judge made a true error of law (which I doubt he or she made). The DA might have had a weak case, or the criminal might have given something up (information-wise) that was worth reducing the charge in his eyes. I'm not trying to lessen what ever happened to you, but this sort of thing happens by necessity. A person accused of a crime gives up, say a major drug dealer or murderer- a DV case will definitely be reduced. If there's a chance in the DA's mind that he will lose the DV case, he will agree to a lower charge to at least get him convicted of something. Check with a local attorney or bar association though. You might want to file a greivance against the DA. It's always a good idea to try to talk to his boss first. Good luck.

Answer 2

No -- you have no direct right to intervene in the criminal case. If you are still being bothered in some way, you can go to court yourself and seek a restraining order, and you could also file a civil suit for damages for the violence done to you. But the DA's case is actually the government against the defendant, not on behalf of you.

What do you mean the DA hasn't kept any of the promises in the deal? Were they promises to you? Were the an official part of the sentence? If so, you may be able to enforce them -- maybe -- but you can't file a motion or appeal in the case. You may have a right to be heard on sentencing, depending on your state, but I gather that time has past.

Answer 3

Victim's rights differ an awful lot from one jurisdiction to another. You're going to need a locally licensed attorney to guide you on this. I would recommend looking for an advocacy group in your area, or you can contact your community's local bar association if you want help finding an attorney who will talk with you about the matter. Good luck.

Answer 4

You're being rather vague but I take it that the perpetrator is the person who you describe as your "fiance."

If so, what you really should be doing is finding a good psychotherapist.

Here's a bit of truth that has never in all of human history been wrong. A man who beats up a woman is scum and he will NEVER change.

Answer 5

You don't say what State you are in, but if you are the VICTIM, why haven't you been told about "the victims of violent crimes" offices & help agencies? 1-800-799-7233. Go over their heads & you should get better results!