As a victim of crime in Oregon, many of your rights go into effect automatically. Still there are many that must be requested before you can exercise them. It is important to understand which rights you will need to request if you choose to do so.
Rights that are automatic and do not require further action include:
Being notified of your rights as soon as practicable
Having a personal representative or support person with you
Attending any open court proceeding
Speaking at a release hearing or sentencing
Promptly receiving restitution
Protecting your personal identifiers from the defendant
Being able to obtain a copy of a transcript or recording of open court proceedings if one is already made.(You may be charged for the transcript or recording)
Refusing to speak to an attorney or private investigator for the defendant
Having access to information about early disposition programs, diversion, or formal accountability agreements
The following rights are also available to you if you choose to exercise them. You must request these rights:
To be informed in advance of any critical stage of the proceedings held in open court when the defendant will be present. In Oregon law “critical stages” are defined as follows:
To obtain information about the conviction, sentence, imprisonment, criminal history and future release from physical custody of the criminal defendant or convicted criminal and equivalent information regarding the alleged youth offender or youth offender
To be consulted regarding plea negotiations involving any violent felony
For the prosecuting attorney, at the prosecuting attorney’s discretion, to assert and enforce your rights
To be notified when the convicted person is released from prison or when a juvenile offender is released from a youth correctional facility
For HIV testing of the defendant to be ordered if the crime involved the transmission of body fluids
To limit distribution of information about and recordings of sexual conduct
For the court to order no media television, photography, or recording equipment be allowed during sex offense proceedings
That any information about a case that is given to the defendant is also shared with you in a DUII automobile collision case
To be involved in any ongoing court actions that happen after the conviction such as appeal, post-conviction or federal habeas proceedings
There are many other rights that may apply to your case. For a general overview please review the Victims’ Rights Guide also available in Spanish, Russian, Vietnamese, Chinese and Korean. If you have questions, please contact your local district attorney victim assistance program, your local juvenile department, or the Oregon Department of Justice.