Just as the defense and prosecutorial sides of any criminal case have certain rights under the law, witnesses and/or victims also have rights. In the Commonwealth of Massachusetts, under the state’s Bill of Victim’s Rights, there are very specific constitutional rights that may be invoked.
Let’s explore witness and victim rights in criminal court cases and how they may impact your situation.
What Is A Witness?
In a criminal court case, a witness can be described as anyone with valuable information about a criminal proceeding that may influence the judgment. Whether the person has personally witnessed the event, has information that may help in the criminal case or is a victim of the event, each witness will receive a summons to appear in court.
During criminal proceedings, a witness may be asked to swear an oath to tell the truth and asked to recount their version of the event or give information that may help in the proceedings.
Witness Rights In Massachusetts
There are many rights that witnesses have in the court case including information, protection, expenses, translation services, and courtroom behavior.
Information Rights
Witnesses have the right to be informed about the court process and important developments in the case. Information should be provided about rights and services for victims in the court process, how the case is progressing, delays or changes in the court proceeding or timeline, and what is expected of a witness.
After a court case has been resolved, a witness has the right to hear from a probation officer an explanation of the type of sentence imposed and a copy of the conditions of probation as well as if the offender seeks to change a restitution order. Witnesses also have the right to be informed by the Parole Board of the offender’s parole eligibility.
Witnesses/victims also have the right to assistance in applying for social services, financial assistance, and certification to receive information about an offender.
Expenses Rights
Witnesses have the right to file paperwork for reimbursement for travel to and from court, as well as compensation for lost earnings during the proceedings.
Protective Rights
Witnesses who may be vulnerable to physical harm have certain rights as well. Witnesses have the right to be protected from intimidation, harassment, and retribution. Confidentiality in these cases may be necessary including the right to keep a witness’s name, address, telephone number, school, and place of employment out of the public domain.
Witnesses also have the right to a safe waiting area separate from the defendant and the defendant’s family during court proceedings. Those witnesses who feel intimidated or harassed may petition the court to give their testimony via video link.
Interpreter Rights
Witnesses who may not speak English as a primary language may petition the court for an interpreter so that they may understand the proceedings and their rights fully.
The law requires that victims and witnesses be treated with dignity, respect and sensitivity to individual needs whether it is an interpreter or protection. Talk to our team at the Law Office of Patrick Conway to hear more about your rights in a criminal proceeding.