Oregon Department of Justice

Crime Victims' Rights in the Post-Conviction Process

Victims of crime have rights in legal proceedings after conviction and sentencing. In the criminal justice system, a defendant has multiple opportunities to challenge a conviction and/or sentence through legal actions called an appeal, a post-conviction proceeding, or a federal habeas corpus proceeding.

In each of these legal proceedings, the State of Oregon is represented by attorneys in the Department of Justice. These attorneys do not represent you, the individual crime victim. You may always consult or hire an attorney to help you exercise your rights.

For victims who wish to stay informed or involved in their case through these processes, the Department of Justice, Crime Victims’ Services Division, Crime Victims’ Rights Section has a Victims’ Advocate who is available to keep you informed about the case as it proceeds through these legal phases

Crime Victims’ Rights in Appeals, Post-Conviction and Federal Habeas Cases:

  • The right to be notified of these rights by the District Attorney;

  • The right to reasonable, accurate and timely notice from the Department of Justice if an appeal, a petition for post-conviction relief or a federal court action is filed;

  • The right to notice from the Psychiatric Security Review Board if a hearing is scheduled;

  • The right to attend any public hearing related to these proceedings;

  • The right to be reasonably protected from the offender if the offender is present during any of the proceedings;

  • The right to have your schedule taken into account in scheduling these proceedings;

  • The right to inspect, in advance of the proceeding, any public record on which the disposition of the petition will be based;

  • The right to be heard, either orally or in writing, at certain hearings;

  • The right to consult with state’s attorney on the case; and

  • The right to be informed by the state of the outcome of the proceeding.

A victim may have other rights that apply after conviction or juvenile disposition. Please contact the Juvenile Department, Board of Parole and Post-Prison Supervision, Psychiatric Security Review Board, Oregon Youth Authority or Probation and Parole Office handling your case to learn more about these rights.