Albemarle County, VA
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What We Do
If you are a victim or a witness to a crime you have certain rights under the Virginia Crime Victim and Witness Rights Act (19.2-11.01).
The Albemarle County Police Department’s Victim/Witness Assistance Program strives to provide you with quality and responsive service to help minimize the frustration that is often associated with the court process. We ensure that your rights as a victim or witness are not overlooked, and that you are treated with dignity, respect, and informed of your rights during your involvement with the criminal justice system.
Contact us if:
- You have a question about your role as a witness.
- You would like an explanation of court procedures or a courtroom tour before you testify.
- You need someone to speak to your employer about you appearing as a witness.
- Your personal property is being held as evidence and you want to know if you can recover it.
- You are eligible and wish to file a claim with the Criminal Injuries Compensation Fund.
- You have changed your address or phone number.
- You need referral to social service agencies that provide financial, medical, or psychological assistance to crime victims.
- You are not receiving restitution payments that were ordered by the court.
- You have received crime-related threats or harassment.
- You need information regarding your case status.
- You have questions concerning your rights as a crime victim.
Victim/Witness Program Team
Virginia Crime Victim and Witness Rights
In 1995, Virginia enacted the Crime Victim and Witness Rights Act. As a victim of a crime, you may be entitled to:
What to Know as a Victim or Witness
Definition of Common Terms
Magistrate: A judicial officer who has the authority to issue warrants.
Warrant: A written, legal order authorizing a law enforcement officer to make an arrest.
Bond: The amount of cash or surety a defendant may have to present before being released from jail pending trial.
Testimony: Information or evidence given by a witness under oath.
Continuance: Postponement of a hearing or trial to a later date.
Preliminary Hearing: A hearing in which the prosecutor must prove to a District Court Judge that there is probable cause to certify a case and send it to the Grand Jury in Circuit Court.
Probable Cause: Reasonable grounds for belief that a crime has been committed and that the person(s) charged committed the crime.
Grand Jury: A random selection of five to seven citizens who decide if there is probable cause for a case to proceed to trial in Circuit Court.
Plea Agreement: In some cases, the Commonwealth’s Attorney may agree to modify the charge(s) or
recommend the defendant receive a specific sentence in return for a plea of guilty.
Nolle Prosequi: A dismissal of the charge by the prosecution.
Pre-Sentence Report: After a finding of guilt, an investigation of the defendant’s history completed by a
probation officer and used by the Judge in deciding the sentence.
Victim Impact Statement: A statement provided by the victim to describe how the crime has affected them physically, financially, and emotionally.
Restitution: Reimbursement for loss or damages.
Protective Order: An order issued by a Judge or Magistrate to protect the health and safety of a person
who is alleged to be a victim of any act involving violence, force or threat that results in bodily injury or places that person in fear of death, sexual assault or bodily injury.
Show Cause: A court order that requires a person.
Tips for Testifying
Be Prepared: Try to have dates, times, places, and other details clear in your mind. Try to recall what happened and picture the scene and objects there, but don’t try to memorize your testimony. Just be prepared to tell what happened in your own words.
Tell the Truth: Remember that you are under oath. Don’t try to figure out if your answer will help or hurt the case. Just answer truthfully, to the best of your memory.
Do Not Guess or Speculate: If you do not know the answer to a question, say so. Likewise, if you do not remember, say so. Do not guess.
Answer Only the Question Asked of You: If you can answer the question with a simple “yes” or “no”, do so. Do not volunteer information and remember to stop speaking immediately if the judge interrupts or an attorney objects to a question. If you do not understand a question, ask that it be repeated or explained.
Speak Clearly and Loudly: When testifying, direct your responses to the Judge or jury hearing the case. Everyone present in the courtroom must be able to hear and understand your testimony. An inaudible voice can detract from your testimony and may make the court think that you are not certain of what you are saying.
Dress Neatly and Be Courteous: The way you dress and present yourself in court is a direct reflection of you. It is to your advantage to dress neatly. Try to remain calm and do not lose your temper. Always show respect towards the Judge and attorneys.
Be Prepared to Wait: Unfortunately, no one can predict how long a hearing or trial will last. Therefore, you may have to wait for a period of time so you may want to prepare for this by bringing a book or magazine with you. Additionally, the temperature in the courtroom fluctuates so you may want to bring a sweater or jacket.
Remember: Do not discuss your testimony with other witnesses in the case. If you or any other witness are threatened by the defendant or anyone else in regard to your testimony, immediately call the police and contact your Victim Witness Office.