Right to be Present

Victims’ or the victim’s relative has the right to advanced notification of judicial proceedings and the right to be present at the proceeding.

Any victim, relative of a minor who is a victim, or relative of a homicide victim shall receive from the appropriate agency, at the address found in the police report or the victim notification card, if such has been provided to the agency, prompt advance notification, unless the agency itself does not have advance notification of judicial and post judicial proceedings relating to their case, including all proceedings or hearings relating to:

  1. The arrest of an accused
  2. The release of the accused pending judicial proceedings or any modification of release conditions; and
  3. Proceedings in the prosecution or petition of deliquency of the accused, including the filing of the accusatory instrument, the arraignment, disposition of the accusatory instrument, trial or adjudicatory hearing, sentencing or disposition hearing, appellate review, subsequent modification of sentence, collateral attack of a judgment, and, when a term of imprisonment, detention, or involuntary commitment is imposed, the release of the defendant or juvenile offender from such imprisonment, detention, or commitment by expiration of sentence or parole and any meeting held to consider such release.