Crime Survivors' Handbook What Do I Do Now?

Transcription

1 Crime Survivors' Handbook What Do I Do Now? Published by the Young Lawyers Division Citzens' Education Committee of the North Carolina Bar Association Introduction The Players Misdemeanors and Felonies What are my rights? What rights don't I have? What are my options? What should I do right away? How do I deal with the police? How do I file criminal charges? What happens after criminal charges are filed? Crime Victim Compensation Programs Meanwhile Resources State Services National Groups Directory of Crime Victim and Witness Assistants Other North Carolina Groups North Carolina Domestic Violence Service Providers Introduction Crime takes many different forms, ranging from physical violence and injury, to damage or theft of property. In 1992 the Federal Bureau of Investigation reported that a serious crime is committed in the United States every two seconds. Someday, you, too, may become a victim of crime. To a layperson, the criminal justice system can seem slow, frustrating and unfair. You may often feel that you are wasting your time and that no one cares about what happened to you. The more you understand about the system and your rights and responsibilities within it, the more you will be able to obtain results that are satisfactory to you. This booklet summarizes the criminal process, your role in the legal system, and the resources that are available to assist you, the crime victim. This pamphlet is not intended to provide legal advice. In order to obtain more information about any subject discussed in this booklet, you should contact the local court or agency responsible for your case, or an attorney. The Players

2 You - You, the crime victim, are an important person in this process. You may be the actual victim of a crime or a member of the victim's family. Perhaps you feel that the prosecutor and the police have not given your case the attention it deserves - this may be because these officials are trying to help others who, like you, are the victims of crime. You should keep in mind, however, that the system is designed to protect you and to punish the perpetrator. Law Enforcement - Law enforcement officers will respond to your call for help, and will investigate the crime. City police generally handle crimes that occur within the city limits, while the Sheriff and sheriff's deputies will handle crimes that occur in the county, outside the city limits. You can find out who will be investigating your case by asking the officers you speak to when the crime is reported. The Magistrate - If the police do not charge the perpetrator, the Magistrate can hear your complaint and, if you present satisfactory proof of a crime having been committed, the Magistrate can help you file a criminal complaint against the perpetrator. If the perpetrator is arrested, the Magistrate is also the first person who can set bond conditions for the perpetrator to get out of jail. When the warrant is issued, the Magistrate will set the first court date. The Clerk of Court - The clerk of court keeps track of all civil and criminal filings in the county. The clerk will be able to tell you your court date, the judge who will hear your matter, and the courtroom in which it will be heard. You also can check the clerk's records to check the status of your matter, as well as any other prosecutions against the perpetrator. The Prosecutor - The district attorney is responsible for prosecuting all criminal charges that are filed within the county. The district attorney is an elected official, and may be assisted by a number of Assistant District Attorneys (ADAs) who appear in court and prosecute crimes. If you are involved in a felony case, you can call the district attorney's office and find out which ADA was assigned to prosecute your case; that ADA can tell you the status of the case, including court dates. If your case involves misdemeanor charge(s), it will be handled by the ADA assigned to the courtroom in which the matter is heard. You should cooperate with the ADA by providing her with as much information as possible about the crime. You do not need to hire an attorney for a criminal matter since the district attorney represents your interests. If your testimony is needed at trial, you will be subpoenaed to appear in court. The Victims and Witness Assistant - This person serves as your link with the prosecutor and law enforcement. He or she will help you through the criminal process, help you complete a Victim Impact Statement and Victim Compensation Form, help arrange transportation to court, and help find local resources and support to deal with problems you may have as a result of the crime. The Victim and Witness Assistant also is responsible for coordinating the activities of law enforcement and the judicial system to ensure that you are treated in accordance with your rights. Misdemeanors and Felonies What's the difference? Misdemeanor offenses differ from felonies in the length and types of available punishment, and in the legal process which may result in conviction and punishment. Common misdemeanor offenses include: Checks returned for insufficient funds (NSF) simple assault DWI (first-third offenses) an attempt to commit any felony Felony crimes are generally considered more serious than misdemeanor offenses. Common felony offenses include: Murder/manslaughter

3 burglary arson rape assault with a deadly weapon kidnapping perjury death by vehicle DWI (fourth offense) drug trafficking NSF check (more than $2,000) What's the Procedure? Misdemeanor charges are handled in district court, and all court appearances are before a district court judge. Felony charges are initially handled in the district court, where matters such as appointment of defense counsel and bond requirements are considered. Eventually, felony cases are either reduced to misdemeanor charges and resolved in district court - either by trial or plea agreement - or they are submitted to the grand jury and then transferred to the superior court for further proceedings and trial. Various proceedings relating to felony matters are described in greater detail at pages 8-11 of this booklet. What are my rights? You have the right to be treated with fairness, dignity, and respect for your privacy. You have the right to receive information regarding immediate medical attention, and not to be unreasonably detained by law enforcement before seeking medical assistance. You have the right to information regarding protection from threats of harm arising out of your cooperation from law enforcement, and you have the right to receive that protection. You have the right to have stolen property returned to you when it is no longer needed as evidence or for law enforcement's investigation. You have the right to assistance with your employer to try to minimize lost wages and/or benefits while you cooperate with law enforcement. You have the right to a secure waiting area during court proceedings, away from the perpetrator and his or her family and friends. You have the right to information about the obtaining witness fees and victim compensation. You have the right to object to revealing your home address during the trial of the perpetrator. You have the right to be informed if a court proceeding for which you have been subpoenaed is continued to a different date. You have the right to be present during the entire trial of the perpetrator, unless the judge orders all witnesses barred from the courtroom. You have the right to have a Victim Impact Statement prepared and presented to the judge for consideration at sentencing. You have the right to be informed about plea bargaining procedures, and whether the prosecutor will recommend a plea agreement. You have the right to be present or informed of final disposition of the criminal case, if you have asked to be present or informed. You have the right to be informed of available civil remedies, and applicable time limits for seeking them. For very serious crimes, you have the right to be notified, in advance, of any proceedings in which the release of the perpetrator is considered, if you have asked to be notified.

4 For very serious crimes, you have the right to be informed if the perpetrator escapes or is released from custody, if you ask to be notified. What rights don't I have? You do not have the right to testify. The prosecutor assigned to your case will decide if you should testify. In most cases, your testimony will be vital to the case, and you will be urged to testify. In some cases, however, your testimony will not be necessary to obtain a conviction, and you will not be asked to testify. You do not have the right to dictate the terms of a plea agreement, or to stop the prosecutor from negotiating with defense counsel or offering a plea agreement to the perpetrator. The prosecutor will try to obtain the best possible plea agreement, after weighing the evidence of the case and the defenses raised by the perpetrator. While you have the right to be informed that there may be a plea agreement, you cannot control the terms of that agreement. You do not have the right to bring a lawsuit against law enforcement, prosecutors, or court officials for a violation of any of the rights that you do have, as set out above. You do not have the right to enforce any of the rights set out above, if that enforcement would violate the constitutional rights of the perpetrator. You do not have the right to recover your losses from the perpetrator, as part of the criminal process. The judge may order restitution paid to you by the perpetrator, but is not required to do so. Often, restitution that is ordered is only a fraction of the total loss suffered by a victim. If you want to recover your losses, you need to file a civil lawsuit against the perpetrator, or you may file an application for compensation with the Crime Victims Compensation fund (see p. 12 below). You do not have the right to drop the charges once a criminal prosecution has begun. Only a prosecutor can drop the charges. In most cases, if you tell the prosecutor that you do not want to continue the prosecution, he will consider your request along with other considerations including the seriousness of the offense, the perpetrator's payment of restitution, and the perpetrator's prior criminal record, among other things. What are my options? 1. Bring CRIMINAL CHARGES. 2. As a victim of crime, you can bring criminal charges, which will be prosecuted by the State of North Carolina through the local district attorney's office. The purpose is to punish the perpetrator for violating the law, as opposed to providing you with compensation for your injuries. 3. File a lawsuit in the civil courts of the county where you live, where the perpetrator lives, or where the offense occurred. The purpose of a civil action is to get you relief for the harm done to you. Civil cases are not a part of a perpetrator's criminal prosecution. You do not need to decide between civil and criminal remedies - you may pursue both remedies for the same incident. If you bring a civil lawsuit against the perpetrator to recover your injuries, you can ask for money for your actual losses, which may include medical bills, lost wages, repair or replacement of property, pain and suffering, permanent disability, etc. The law also may allow you to ask for punitive damages against the perpetrator. Finally, you can get an injunction ordering the perpetrator to stay away from you. 4. Submit a claim to the North Carolina VICTIM'S COMPENSATION PROGRAM for recovery of your actual out-of-pocket losses (see below at p. 13 for more information).

5 REMEMBER, you do not have to go through the system alone, if you do not want to. The Clerk of Court can help you with the necessary forms to commence a civil action, or to obtain a temporary order against the perpetrator. The local bar association can help you find lawyers in your area who will help you file the necessary documents, and advise you on how to press criminal charges. Many local bar associations have programs that provide these services at little or no cost. What should I do right away? 1. Call 911. If you are a victim of crime you should immediately call the police or sheriff's department for help. The dispatcher will ask you for as much information as you can provide, including your telephone number and address. If you think you may need medical help, say so and the dispatcher will notify medical personnel. If you do not notify law enforcement officials of the crime within 72 hours, you may not be able to recover your economic losses from the Crime Victims Compensation fund (see pps ). Be ready to protect yourself from harm for at least a short while. The police are required to respond to your call as soon as practicable, but may not be able to reach you immediately. 2. Get Medical Treatment. If you are the victim of a violent attack, you should seek medical attention, even if you don't think you are hurt. Medical personnel are trained to gather evidence that might identify the perpetrator and establish your injuries. It may be important to have this evidence later, when the case goes to court. In case of a sexual assault, you may request that the local rape crisis center be called and an advocate provided to immediately assist you. 3. Gather Evidence. As soon as you and those around you are safe, you should start gathering evidence: o Write down as much as you can remember about the crime. Be as specific as possible about WHO, WHEN, WHERE, and WHAT happened:! If the perpetrator was a stranger, try to remember distinctive features (glasses, scars, tattoos, birthmarks, clothing, accents).! Identify witnesses - anyone who might have seen or heard what happened.! If the crime occurred in your home, make an inventory of what's missing (if it's a burglary), but be careful not to move or touch anything until the police say it's okay. o Keep any clothing or other property that might help prove what happened. If you are the victim of physical violence, DO NOT take a shower or change your appearance before the police arrive. o As soon as possible, have a friend or family member take pictures of your injuries, the crime scene, and any damage to property which may have occurred. o Later, get estimates for repairs or replacement of property damaged or stolen during the crime. Try not to get upset if you can't remember very much. This is a very traumatic experience, and you might not remember much for several weeks. How do I deal with the police? Law enforcement can immediately arrest a suspect if they have good reason to believe that that person has committed a crime. They can also arrest a suspect if they reasonably believe the abuser has violated a court order by hurting you or coming to your house. If the police witness the crime, they are required by law to make an arrest on the spot. Of course, you should never remain in a place of danger in order to allow the police to witness the violence. When the police arrive...

6 Turn over evidence of the crime. When the police arrive, give them torn or bloody clothing, pictures or any other evidence you may have. Be sure to give the police names and phone numbers of all witnesses to your attack, if there are any. Turn over any court papers. If there is a court order that the perpetrator has violated, give the police a copy of it so they can arrest the perpetrator for violating the order. You also should give the police a copy of separation or divorce papers, if there are any. Ask the police to make a report of the incident. Ask the police to take pictures of your injuries and to conduct an investigation. You should ask for the police officer's name, badge number, and telephone number so that she can be a witness for you in any civil or criminal proceeding you may bring against the perpetrator. Get the number of the police report and a copy of the report. Write this information down so it can be reported to the district attorney if you sign a criminal complaint. Transportation. Law enforcement officers can take you where you need to go to get help, whether it be the home of a friend or family member, shelter or hospital. The police can also take you to the magistrate's office if you want to file a criminal complaint. In all cases of domestic violence, leave the house and take your children and important things with you. Cooperate with law enforcement as much as possible. Your failure to cooperate may later deprive you of compensation under the Crime Victims' Compensation Program. (see p. 12) Follow up with law enforcement. Find out the file number for your case, and who will be investigating the matter. Try to be patient; police investigators generally work very hard, and may not be able to give you much information when you call. If the police do not intend to investigate your case or do not follow up with criminal charges, you can initiate criminal charges yourself by contacting the magistrate. How do I file criminal charges? Before you file criminal charges yourself, you should find out whether the law enforcement officers responding to your call or investigating your case intend to file charges on your behalf. If for some reason you can't wait or law enforcement will not file charges, you can contact the magistrate in the county where the offense occurred. You will need to describe what happened to you to the magistrate. Take along with you any witnesses to the crime and any evidence of injury or damage, including pictures, torn or blood-stained clothes and medical reports. Upon hearing your sworn testimony, the magistrate should issue a criminal summons or a warrant, which will then be served upon the perpetrator. What happens after criminal charges are filed? Once the perpetrator is charged, he or she will be arrested and brought before the magistrate, who will consider whether the perpetrator may be released on bond (money or property posted to secure the defendant's appearance in court) or personal recognizance (a promise to appear at the next court date). The magistrate also sets the date of the first appearance, which is usually one-three days after arrest. If it's a felony case, call the District Attorney's office to find out who will be handling your matter. Otherwise, contact the Clerk's office to find out when and where the matter will be heard, and then speak to the ADA in the courtroom who is handling your case on that date. If there are any witnesses to the crime, you should let the ADA know as soon as possible and request that they appear at the trial. You should give the ADA the names and badge officers of police who responded to your call. First Appearance - at the first appearance, the district court judge advises the defendant of the charges against him or her, explains the defendant's constitutional rights, answers any questions the defendant may have and, if requested, appoints an attorney to represent the defendant. The district judge may also consider the bond set by the magistrate and may either decrease or increase the bond, or may impose

7 additional conditions on release. If the crime is a misdemeanor, the judge will set a date for trial. If the crime is a felony, the judge will set a date for a probable cause hearing. In felony cases, however, various hearings are held before the matter is brought to trial, including the probable cause hearing, indictment by the grand jury, the arraignment, and pretrial motions hearings. You will need to be present at some of these hearings, but not all. The district attorney can tell you whether you will need to be present for a hearing. (You can also contact the Clerk of Court to find out the day and time of a hearing, but the Clerk cannot tell you whether you will need to be present). At the first appearance in a felony case, the district court will set a date for the first of these hearings, the probable cause hearing. Probable Cause Hearing - Felony cases begin with a probable cause hearing in the district court, which must occur within three (3) days after the perpetrator's arrest. At this hearing, the perpetrator is brought before the judge and the district attorney is required to prove "probable cause," that is, that an offense was "probably" committed, and that the perpetrator "probably" did it. The purpose of this hearing is to decide whether there is enough evidence to go forward with the case in the superior court. The district court may also consider the bond arrangements (i.e., to increase or decrease the bond, impose additional conditions, etc.) Many times, the perpetrator's lawyer will waive hearing, and the matter will automatically go forward to the grand jury for indictment. Sometimes the probable cause hearing is cancelled if the District Attorney has already presented the matter to the Grand Jury. However, sometimes the perpetrator's lawyer will require that the District Attorney produce his evidence. In those cases, you may be required to testify at the probable cause hearing. If the judge decides that there is no "probable cause," the case is not necessarily over. The district attorney can still take the case to the grand jury directly. The Grand Jury - The grand jury is composed of citizens of the county. These citizens hear evidence from the district attorney's witnesses, and decide if there is enough evidence to believe that the defendant committed a crime. A "true bill" of indictment issues if the grand jury finds there is sufficient evidence. If they find there is insufficient evidence they return a "no true bill." You may be required to testify to the grand jury, but you will not be allowed to be in the courtroom to hear other people's testimony, since grand jury hearings are secret. Arraignment - Once a "true bill" issues, the matter will be set for "arraignment." At the arraignment, the defendant appears before a superior court judge, who advises the defendant of the charges against him and of his constitutional rights. The judge will ask the defendant to plead "guilty," or "not guilty." If the defendant pleads "guilty," the judge will impose sentence or will schedule a sentencing hearing at a future date. If the defendant pleads "not guilty," the judge sets a trial date. You generally do not need to be in the courtroom for the arraignment, unless the defendant's bond is considered and you want to be present. Pretrial Motion Hearings - Once the defendant is arraigned, the district attorney and the defendant's lawyer will exchange information regarding the crime. There may then be hearings to discuss various pretrial matters, including whether evidence should be suppressed, whether the defendant is competent to stand trial, etc. The defendant's attorney may try to speak with you to find out about the crime, but you do not have to speak with him/her if you do not want to. Once all pretrial matters are determined by the judge, the judge will set a trial date. Continuances - Criminal cases are often continued for several weeks, or even months, in order to allow the defendant to seek counseling, to hire an attorney or to subpoena witnesses. The district attorney can oppose continuances. It is up to the judge to grant or deny a request for a continuance. Finally, the Trial - Know what you want to say to the judge, and trust the district attorney to present the evidence necessary to get a conviction. Be prepared to have all of your evidence (photographs, witnesses, medical records, repair estimates) in court on short notice. Be aware that the perpetrator will be in court and will probably have a lawyer who will ask you questions. Do not get upset if the perpetrator contradicts what you say. Judges will expect some contradictions in the testimony. Keep calm, if you can. Remember, your sworn testimony may be all the evidence you need to get the perpetrator convicted. If you are required to be present at any of these hearings, you need to be sure to go to the right courtroom at the right time that day, ready to testify about the details of the crime. Bring your witnesses and evidence. Plan to arrive in the courtroom minutes early to speak with the ADA regarding your testimony.

8 Testifying Tips Your appearance and behavior when you are not testifying is as important as your behavior and appearance when you are testifying. Do not discuss the case in the halls, restrooms, or anywhere that a friend of the defendant or a juror may overhear. Maintain a serious and dignified manner in and around the courthouse and throughout the trial. Don't chew gum. Dress appropriately for court. Do not speak or whisper in the courtroom during the trial; if you have questions, write them down and give them to the Victims/Witness Advocate or the ADA. Don't let your appearance detract from the seriousness of your testimony. If you find yourself becoming extremely upset during the trial, quietly leave the courtroom. If you become upset while testifying, pause until you regain your composure, or ask the judge for a short break. Never speak to a judge or juror, unless you are testifying under oath in the courtroom, or the judge asks you a question in the courtroom. If the trial is covered by the press, you may be approached and questioned by reporters. You should refrain from answering any questions or making any comments until after the trial is over. REMEMBER, you may be the district attorney's most important witness. You may be the district attorney's only witness. Your testimony may be crucial to the defendant's conviction. Thus, it is very important that you keep track of the dates and times of all hearings and go to the right courtroom at the appropriate time on the day of a hearing. If you do not appear to give testimony against the defendant on a day scheduled for hearing, your case may be dismissed, and you may have to pay court costs. The Punishment - If the defendant is found guilty or pleads guilty, the punishment will depend on the circumstances of the case, the defendant's prior criminal history, and the terms of any plea agreement. The judge will decide the sentence, but the judge will consider the district attorney's recommendation. The judge will also consider any Victim Impact Statements submitted by the crime victim or his or her survivors. The Victim Impact Statement explains the emotional, physical and financial impact of the crime upon the victim or his or her survivors. The Victim/Witness Assistant can help you prepare this statement. If the crime is serious enough, the defendant could be sentenced to a long prison term, even up to life imprisonment or death. Since 1993, North Carolina has had structured sentencing, which requires specific sentences for specific offenses. The district attorney should be able to tell you what she believes the sentence will likely be, based upon the State's sentencing guidelines. You also may be entitled to restitution (repayment of your losses) from the perpetrator, but will need to produce receipts, copies of medical bills, etc., or an itemized listing of damaged or missing property so that the district attorney can prove the amount of your loss. Most district attorney's Victim/Witness programs have a victim impact statement form that you can use to list your expenses or losses. Another method for obtaining restitution is through a formal pre-trial intervention program. Only first-time offenders of non-violent, non-drug related crimes are eligible for this program. The program allows a firsttime offender to compensate the victim in order to avoid receiving a criminal record. The offender must pay a fee to enter the program, be employed or attend school, participate in counselling and have the approval of the victim, law enforcement and the district attorney's office before enrolling. If the perpetrator is ordered to pay restitution by the judge, he or she will most likely do so as part of his or her probation. He or she will make periodic payments to the Clerk of Court, who will forward those payments to you. Several months may pass before this process begins, however, and frequently it is several years before all restitution funds are paid. Appeals - If a perpetrator is found not guilty, the prosecutor may be able to appeal that decision, but only in limited circumstances. If the perpetrator is convicted, he or she may decide to appeal. Sometimes a perpetrator will be released on bond pending a decision on the appeal, which could take months or even

9 years. The Assistant District Attorney who handled your case should be able to explain any appeal rights the perpetrator may have, how the appeal will progress, and what will happen after the appeal. Parole - offenders who are not sentenced to a minimum term of imprisonment are eligible for parole (early release) at any time. Offenders who have received a minimum sentence are only eligible for parole after serving the minimum term imposed, or upon serving 1/5 of the maximum term imposed, whichever is less, less any credit allowed for good behavior. An offender serving a sentence of 30 days to 18 months for impaired driving is eligible for parole after serving 1/3 of his or her maximum sentence. Parole is determined by the Post-Release Supervision and Parole Commission. Whenever the Commission considers an offender for parole, it must send a notice to the last known address of any of the victim's immediate family members who have requested in writing to be notified. This notice must be mailed at least 30 days prior to the offender's parole hearing. The Commission is required to consider any information the victim or his or her family provides to it in determining whether to parole the offender. You may write to the Commission and express your feelings of opposition; you may also ask your family, friends, clergy, special interest groups, state and local legislators, and law enforcement officers to send opposition letters. However, even though these letters are confidential, the offender's attorney may have access to them and may share them with the offender. If you attend the parole hearing, you will not have to confront the offender, but you will have to present your views to the Commission. You may not have an opportunity to express your views if the Commission has already decided to deny parole. The Commission may refuse to release an offender on parole if it believes that (a) there is a substantial risk that the offender will not conform to the reasonable conditions of parole; (b) the offender's release will unduly depreciate the seriousness of the crime or will promote disrespect for the law, (c) the offender's continued correctional treatment, medical care, or vocational or other training in the institution will substantially enhance his or her capacity to lead a law-abiding life if he or she is released at a later date, or (d) there is a substantial risk that the offender will engage in further criminal conduct. If you make a prior written request, you will receive written notice of the Commission's decision granting or denying parole, within ten days of that decision. The Commission may also give notice to local newspapers and other news media, but is not allowed to give the media the name of any victim. If the offender is denied parole, he or she will be eligible for another parole hearing in one year. If the offender is released on parole, the term of parole is one year or less. Various parole conditions may be imposed; common conditions include: the offender must not commit further offenses, and must maintain gainful employment or attend school to complete his or her training, undergo medical or psychiatric treatment, and regularly report to his parole officer. The victim may request, as a parole condition, that the offender have no contact with her or her family members. If the offender violates a condition of parole, parole may be revoked and he or she may be re-imprisoned. Crime Victim Compensation Programs N.C. Crime Victims Compensation Commission Under North Carolina law, victims who suffer personal injury or death can receive compensation for actual or anticipated economic losses up to $20,000, plus an additional $2,000 for funeral, cremation or burial expenses. Either the victim, his dependents, or a third person who provided benefits to the victim or his family, may file a claim for compensation from this fund. The fund pays for medical expenses, rehabilitation costs, funeral expenses of up to $2,000, work loss of up to $200 per week for 26 weeks, and replacement services losses of up to $200 per week for 26 weeks. The fund will not compensate for noneconomic losses such as pain and suffering or physical impairment, nor will it cover loss of personal property or for losses paid by insurance. A claim for compensation under this fund must be made within one year of the date of the criminally injurious conduct. A claim is made by filing an application with the Director of the Crime Victims Compensation Commission. The application can be obtained from the district attorney's office or from the N.C. Division of Victim and Justice Services in Raleigh, N.C., Applicants are required to provide at least the following information:

10 the law enforcement agency or officer to whom the conduct was reported, and the date it was reported; the nature and extent of the injuries, and the name and address of anyone who treated them; the total, actual amount of economic loss; the amount of benefits received or to be received from any collateral source (insurance, Workers Compensation, any government agency, Medicare/Medicaid, or the offender, for example); whether the applicant is related to the perpetrator or any of the perpetrator's accomplices ( i.e., brother, sister, parent, spouse, child); A person claiming benefits under this fund must sign documents authorizing the release of medical records, reports, and other information pertinent to the claim. Applicants receive a written decision regarding eligibility and the payment of the claim. The claim will be denied or reduced if economic losses are not the result of criminally injurious conduct the applicant failed to report the crime within 72 hours after it was committed and there was no good cause for the delay the victim/applicant failed to cooperate with law enforcement in its investigation or prosecution of the crime the victim engaged in misconduct which contributed to his injuries the victim was participating in a felony or nontraffic misdemeanor at the time that the injury occurred the injury occurred while the victim was confined in any prison, correctional, youth services or juvenile facility, half-way house, group home, or similar facility any portion of the claim will benefit the perpetrator or his/her accomplice(s) the claim for compensation is filed more than one year after the criminal conduct that caused the injury or death occurred the economic loss for which compensation is sought occurred more than one year after the criminal conduct (unless the victim is 10 years old or younger, in which case compensation will be denied for economic loss incurred more than two years from the date of the criminal conduct) economic losses are recouped through another source (Medicare/Medicaid, insurance, Workers Compensation, for example) If the applicant is dissatisfied with the fund's decision, she can challenge that decision through the State's Office of Administrative Hearings and/or the courts. Consult an attorney or the Commission regarding appeal rights. Assistance Program for Victims of Rape/Sex Offenses Victims of actual or attempted first or second degree rape or sexual offense may receive compensation of up to $500 for immediate and short-term medical expenses, ambulance services, and professional mental health services. Victims do not actually receive these funds; payment is made directly to the person or facility that provided the service. Compensation is denied unless the crime is reported within 72 hours of its occurrence, unless there was a good reason for not reporting the crime within that time frame. Applications for this compensation can be obtained from the N.C. Division of Victim and Justice Services in Raleigh, N.C., Witness Compensation As a witness in a criminal case, you are entitled to a small daily fee ($5.00) and travel expenses if it was necessary for you to travel from outside the county to testify. Keep a record of your mileage and contact the Clerk of Court immediately after your testimony, so that you can certify your attendance as a witness and be paid for your expenses.

11 Meanwhile... SUPPORT GROUP. Contact a local support group for help. The police can direct you to these organizations. A partial list of local organizations is included at the back of this pamphlet. TEMPORARY PROTECTION. If the crime involves domestic violence, go to your local Clerk of Court's office to file a request for a Domestic Violence Restraining Order and a Civil Complaint. The Clerk's office should be able to assist you in preparing these forms. SEEK COUNSELING. You may find it helpful to talk with someone outside of your circle of family and friends. Seek counseling from volunteers at a shelter, a domestic violence assistance program, or other program, and get any documents or reports from your visit for use in court later. Counseling may be important to your overall recovery from the crime. GATHER ASSETS. In a domestic abuse case, after you are in a safe place, remove money from bank accounts to which your abuser has access. The police can escort you back to your home to get your children or belongings. You can ask the judge for an order allowing you to retrieve any belongings you need. Resources Check the blue pages of the telephone book (under "North Carolina State Government" "Judicial Branch") to locate the Magistrate and Clerk of Court for your county. Look in the inside cover of the telephone book for a "Battered Women's Assistance" number. More resources are listed on the following pages. State Services Child Victim Assistance Project - acts as a liaison between the district attorney's office and community services, providing one-on-one services to child victims and their families, including transportation, information regarding their case, and assistance with related issues. The Project is headed in Raleigh, (919) The program presently operates in five prosecutorial districts: Buncombe County PO Box 7158 Asheville, N.C Tel. (704) Harnett, Johnston & Lee Counties PO Box 849 Lillington, N.C Tel. (919) or (910) Carteret, Craven & Pamlico Counties PO Box 1468 New Bern, N.C Tel. (919) or New Hanover & Pender Counties PO Box 352 Wilmington, N.C Tel. (910) or Edgecombe, Nash & Wilson Counties PO Box 1588 Rocky Mount, N.C Tel. (919) or National Groups Childhelp USA/Forrester Nat'l Child Abuse Hotline The Family Violence Prevention Fund (800)

12 (800) 4A-CHILD Justice Statistics Clearinghouse (800) Mothers Against Drunk Driving (800) 438-MADD Nat'l Clearinghouse for Alcohol & Drug Inf. (800) Nat'l Criminal Justice Reference Svc (800) Nat'l Resource Center on Child Sexual Assault (800) National Victim Center (800) FYI-CALL Rape, Abuse & Incest National Network (800) Juvenile Justice Clearinghouse (800) National Center for Missing & Exploited Children (800) Nat'l Clearinghouse on Child Abuse & Neglect (800) Nat'l Resource Center on Child Abuse & Neglect (800) Nat'l Resource Center on Domestic Violence (800) National Victim Resource Center (800) Directory of Crime Victim and Witness Assistants District E. Colonial Ave. Elizabeth City, N.C Tel. (919) District 2 P.O. Drawer 1705 Washington, N.C Tel. (919) District 3A PO Box 8185 Greenville, N.C Tel. (919) District 3B PO Box 1468 New Bern, N.C Tel. (919) Carteret Co. Courthouse Beaufort, N.C Tel. (919) District 4 Onslow Co. Courthouse Jacksonville, N.C Tel. (910) Sampson Co. Courthouse Clinton, N.C Tel. (910) District 5 PO Box 352 Wilmington, N.C Tel. (910) District 6 PO Box 126 Halifax, N.C Tel. (919) District 6B PO Box 189 Murfreesboro, N.C Tel. (919) District 7 Wilson Co. Courthouse Wilson, N.C Tel. (919) PO Box B Tarboro, N.C Tel. (919) District 8 PO Box 175 Goldsboro, N.C Tel. (919) Lenoir Co. Courthouse District 9 Granville Co. Courthouse Annex Oxford, N.C Tel. (919) Franklin County Courthouse District 9A Caswell Co. Courthouse Yanceyville, N.C

13 Kinston, N.C Tel. (919) S. Main Street Louisburg, N.C Tel. (919) District 10 PO Box 31 Raleigh, N.C Tel. (919) District 11 PO Box 1029 Smithfield, N.C Tel. (919) District Dick Street, Suite 237 Fayetteville, N.C Tel. (910) District 13 Columbus Co. Courthouse Whiteville, N.C Tel. (910) Bladen Co. Courthouse Elizabethtown, N.C Tel. (910) District 14 Durham Co. Judicial Building, Room 519 Durham, N.C Tel. (919) District 15A 212 W. Elm St. Suite 210 Graham, N.C Tel. (910) District 15B 106 E. Margaret Lane Hillsborough, N.C Tel. (919) District 16A Hoke Co. Courthouse Raeford, N.C Tel. (910) District 16B Robeson Co. Courthouse Lumberton, N.C Tel. (910) District 17A PO Box 35 Wentworth, N.C Tel. (910) District 17B PO Box 1063 Dobson, N.C Tel. (910) District 18 PO Box 2378 Greensboro, N.C Tel. (910) PO Box 2434 High Point, N.C Tel. (910) District 19A Cabarrus Co. Courthouse Concord, N.C Tel. (704) District 19B 173 Worth Street Asheboro, N.C Tel. (910) District 20 PO Box 1065 Monroe, N.C Tel. (704) or (704) District 21 Forsyth Co. Hall of Justice Winston-Salem, N.C Tel. (910) District 22 PO Box 1141 Lexington, N.C Tel. (704) Iredell Hall of Justice Statesville, N.C Tel. (704) District 23 Wilkes Co. Courthouse PO Box 10 Wilkesboro, N.C Tel. (910) District 24 Watauga Co. Courthouse PO Box 10 Boone, N.C Tel. (704) Yancey Co. Courthouse Room 7 Burnsville, N.C Tel. (704) District 25 Catawba Co. Justice Center PO Box 566 Newton, N.C Tel. (704) Burke Co. Courthouse 210 S. Green St. Morganton, N.C Tel. (704) or (704) District 26 Courhouse Annex, 3rd Floor District 27A 151 South Street Gaston Co. District 27B Cleveland Co. Law Enf. Ctr. District 28 PO Box 7158 Buncombe Co.

14 700 E. Trade Street Charlotte, N.C Tel. (704) District 29 PO Box 70 Rutherfordton, N.c Tel. (704) Henderson Co. Courthouse Hendersonville, N.C Tel. (704) McDowell Co. Courthouse Marion, N.C Tel. (704) Courthouse Gastonia, N.C Tel. (704) District 30 Macon Co. Courthouse Franklin, N.C Tel. (704) N. Main Street Haywood Co. Courthouse Waynesville, N.C Tel. (704) Cherokee Co. Courthouse Murphy, N.C Tel. (704) Justice Place Shelby, N.C Tel. (704) Courthouse Asheville, N.C Tel. (704) Other North Carolina Groups Lawyers Referral Service Raleigh (919) Statewide (800) N.C. Child Advocacy Institute 1318 Dale Street, Suite 110 Raleigh, N.C Tel. (919) N.C. Council for Women (for information on rape crisis and domestic violence services) 526 N. Wilmington Street Raleigh, N.C Tel. (919) N.C. Governor's Crime Commission 3824 Barrett Drive, Suite 100 Raleigh, N.C Tel. (919) Mothers Against Drunk Driving - NC 4915 Waters Edge Dr, Ste 120 Raleigh, N.C Tel. (919) or (800) N.C. Coalition Against Domestic Violence PO Box Durham, NC Tel. (919) N.C. Div. of Crime Prevention PO Box Raleigh, N.C Tel. (919) N.C. Prevent Child Abuse 3344 Hillsboro Street Raleigh, N.C Tel. (919) or (800) 354-KIDS N.C. Ctr. for Missing Persons 116 West Jones Street Raleigh, N.C Tel. (800) or (919) N.C. Coalition Against Sexual Assault 714 9th Street, Suite 201 Durham, N.C Tel. (919) N.C. Div. of Victim & Justice Services PO Box Raleigh, N.C Tel. (800) or (919) N.C. Victim Assistance Network 505 Oberlin Road, Suite 151 Raleigh, N.C Tel. (919) or (800)

15 Western Chptr. N.C. Parents of Murdered Children & Other Survivors of Homicide Victims 595 Concord Road Fletcher, N.C Tel. (704) North Carolina Domestic Violence Service Providers ALAMANCE COUNTY Family Abuse Services PO Box 2192 Burlington, NC Office: 910/ Crisis Line: 910/ BUNCOMBE COUNTY Helpmate 34 Wall Street, Ste. 701 Asheville, NC Office: 704/ Crisis Line 704/ CALDWELL COUNTY Shelter Home of Caldwell Co. PO Box 426 Lenoir, NC Office: 704/ Crisis Line: 704/ CASWELL COUNTY Caswell Family Violence Prev. Prog. PO Box 639 Yanceyville, NC Office: 910/ Crisis Line: 910/ CHEROKEE COUNTY REACH, Inc. Murphy, NC Office: 704/ Crisis Line: 704/ (also Clay, Graham) BEAUFORT COUNTY Options to Dom. Viol. & Sexual Assault PO Box 1387 Washington, NC Office: 919/ Crisis: 919/ or 800/ (also Hyde, Martin, Tyrrell, Washington) BURKE COUNTY Options PO Box 2512 Morganton, NC Office: 704/ Crisis Line: 704/ CARTERET COUNTY Carteret Co. Domestic Violence Program 402 Turner Street Beaufort, NC Office: 919/ Crisis Line: 919/ CATAWBA COUNTY First Step Domestic Violence Program 17 Hwy 70 SE Hickory, NC Office: 704/ Crisis Line: 704/ CLEVELAND COUNTY Abuse Prevention Council PO Box 2895 Shelby, NC Office: 704/ Crisis Line: 704/ BRUNSWICK COUNTY Hope Harbor Home PO Box 230 Supply, NC Office: 910/ Crisis Line: 910/ CABARRUS COUNTY CVAN Battered Women's Program PO Box 1749 Concord, NC Office: 704/ Crisis Line: 704/ CARTERET COUNTY New Horizons Help Center PO Box 387 Beaufort, NC Office: 919/ Crisis Line: 919/ CHATHAM COUNTY Family Violence & Rape Crisis Svs. Pittsboro, NC Office: 919/ Crisis Line: 919/ (Buncombe) CRAVEN COUNTY Coastal Women's Shelter PO Box New Bern, NC Office: 919/ Crisis Line: 919/ (also Jones, Pamlico)

16 CUMBERLAND COUNTY CARE-Family Dom. Violence Prog Hay Street Fayetteville, NC Office: 910/ Crisis Line: 910/ DURHAM/ORANGE COUNTY Family Violence Prevention Center PO Box E. Rosemary St Chapel Hill, NC Office: 919/ Crisis Line: 919/ GASTON COUNTY DSS Battered Spouse Shelter PO Box 10 Gastonia, NC Office: 704/ Crisis Line: 704/ (also Lincoln) HALIFAX COUNTY Hannah's Place PO Box 1372 Roanoke Rapids, NC Office: 919/ Crisis Line: 919/ (also Northampton) HENDERSON COUNTY Mainstay PO Box 359 Hendersonville, NC Office: 704/ Crisis Line: 704/ JACKSON COUNTY REACH of Jackson Co. PO Box 1828 Sylva, NC Office: 704/ Crisis Line: 704/ LENOIR COUNTY SAFE in Lenoir Co. PO Box 3092 Kinston, NC DARE COUNTY Outer Banks Hotline PO Box 1417 Manteo, NC Office: 919/ Crisis Line: EDGECOMBE COUNTY My Sister's House PO Box 1702 Rocky Mount, NC Office: 919/ Crisis Line: 919/ (also Nash) GUILFORD COUNTY Family & Children's Services 301 E. Washington Street Greensboro, NC Office: 910/ Crisis Line: 910/ or HARNETT COUNTY SAFE of Harnett Co. p.o. Box 728 Lillington, NC Office: 910/ Crisis Line: 910/ HERTFORD COUNTY Roanoke-Chowan SAFE PO Box 98 Ahoskie, NC Office: 919/ Crisis Line: , 800/ (also Gates, Northampton, Bertie) JOHNSTON COUNTY Harbor PO Box 1903 Smithfield, NC Office: 919/ Crisis Line: 919/ LINCOLN COUNTY Coalition Against Domestic Violence PO Box 476 Lincolnton, NC DAVIDSON COUNTY Davidson Co. Dom. Violence Svs. PO Box 1231 Lexington, N.C Office: 704/ FORSYTH COUNTY Family Services Shelter PO Box 604 Winston-Salem, NC Office: 910/ Crisis Line: 910/ (also Davie, and surrounding counties) GUILFORD COUNTY Family Service of High Point 1401 Long Street High Point, NC Office: 910/ Crisis Line: 910/ HAYWOOD COUNTY REACH of Haywood County, Inc. PO Box 206 Waynesville, NC Office: 704/ Crisis Line: 704/ IREDELL COUNTY Fifth Street Shelter Ministries 1400 Fifth Street Statesville, NC Office: 704/ Crisis Line: 704/ (also surrounding counties) LEE COUNTY Family Violence & Rape Crisis Ctr. PO Box 3191 Sanford, NC Office: 919/ Crisis Line: 919/ MACON COUNTY REACH of Macon Co. PO Box 179 Franklin, NC 28734

17 Office: 919/ Crisis Line: 919/ (also Jones, Greene) MADISON COUNTY Helpmate of Madison Co. PO Box 457 Marshall, NC Office: 704/ Crisis Line: 704/ MECKLENBURG COUNTY UFS-Victim Assistance 720 East 4th Street Charlotte, NC Troy, NC Office: 704/ Crisis Line: 704/ NEW HANOVER COUNTY Domestic Violence Shelter & Services PO Box 1555 Wilmington, NC Office: 910/ Crisis Line: 910/ (also Pender, Columbus) ORANGE COUNTY Orange Co. Dom. Violence Coord. PO Box 8181 Hillsborough, NC Office: 919/ , ext Crisis Line: 919/ PERSON COUNTY Safe Haven of Person Co. PO Box 624 Roxboro, NC Office: 910/ Crisis Line: 910/ RANDOLPH COUNTY Randolph Co. Family Crisis Center PO Box 2161 Asheboro, NC Office: 910/ Crisis Line: 910/ Office: 704/ Crisis Line: 704/ MCDOWELL COUNTY Family Services of McDowell Co. PO Box 1572 Marion, NC Office: 704/ Crisis Line: 704/ (also Mitchell, Yancey) MONTGOMERY COUNTY Crisis Council PO Box O Troy, NC Office: 910/ Crisis: 910/ or 800/ (also Stanly) ONSLOW COUNTY Onslow Women's Center PO Box 1622 Carthage, NC Office: 919/ Crisis Line: 919/ (also Duplin, Pender) PASQUOTANK COUNTY Albemarle Hopeline PO Box 2064 Elizabeth City, NC Office: 919/ Crisis Line: 919/ (also Camden, Chowan, Currituck, Gates, Perquimans) PITT COUNTY New Directions PO Box 13 Greenville, NC Office: 919/ Crisis Line: 919/ RICHMOND COUNTY Rainbow House 101 Rockingham Road Rockingham, NC Office: 910/ Crisis Line: 910/ (also Anson) Office: 704/ Crisis Line: 704/ MECKLENBURG COUNTY UFS-The Shelter for Battered Women PO Box Charlotte, Nc Office: 704/ Crisis Line: 704/ MOORE COUNTY Friend to Friend PO Box 1508 Carthage, NC Office: 910/ Crisis Line: 910/ ORANGE COUNTY Coalition for Battered Women PO Box Durham, NC Office: 919/ Crisis Line: 919/ or (also Durham) PENDER COUNTY Safe Haven of Pender County PO Box 657 Burgaw, NC Office: 910/ Crisis Line: 910/ POLK COUNTY Steps To Hope PO Box 518 Columbus, NC Office: 704/ Crisis Line: 704/894/2340 (also surrounding counties) RICHMOND COUNTY Womenfolk Unlimited PO Box 26 Hamlet, NC Office: 910/ Crisis Line: 910/

18 ROBERSON COUNTY SE Family Violence Center PO Box 642 Lumberton, NC Office: 910/ Crisis Line: 910/ (also Scotland) RUTHERFORD COUNTY Family Resources of Rutherford Co. PO Box 845 Spindale, NC Office: 704/ Crisis Line: 704/ (Rowan & surrounding counties) SWAIN COUNTY Swain/Qualla SAFE PO Box 1416 Bryson City, NC Office: 704/ Crisis Line: 704/ (also Qualla Indian Boundary) WAKE COUNTY Interact PO Box Raleigh, NC Office: 919/ Crisis Line: 919/ WILKES COUNTY SAFE, Inc. PO Box 445 Wilkesboro, NC Office: 910/ Crisis Line: 910/ (also Ashe, Allegheny, Alexander) YADKIN COUNTY Family Domestic Violence Program PO Box 1053 Yadkinville, NC Office: 910/ Crisis Line: 910/ or 911 ROCKINGHAM COUNTY HELP, Inc. 119 N. Scales Street Reidsville, NC Office: 910/ Crisis Line: 910/ STOKES COUNTY Task Force on Domestic Violence PO Box 55 Danbury, NC Office: 910/ Crisis Line: 910/ or 911 TRANSYLVANIA COUNTY SAFE of Transylvania Co. PO Box 2013 Brevard, NC Office: 704/ Crisis Line: 704/ WAUTAUGA COUNTY OASIS PO Box 1591 Boone, NC Office: 704/ Crisis Line: 704/ (also Ashe, Avery, Allegheny) WILSON COUNTY Wesley Shelter PO Box 1423 Wilson, NC Office: 919/ Crisis Line: 919/ (Wilson) ROWAN COUNTY The Rape, Child & Family Abuse Crisis Council 131 W. Council Street Salisbury, NC Office: 704/ Crisis Line: 704/ (Rutherford & surrounding counties) SURRY COUNTY Surry Task Force on Domestic Violence PO Box 1643 Mt. Airy, NC Office: 910/ Crisis Line: 910/ UNION COUNTY Turning Point of Union County PO Box 952 Monroe, NC Office: 704/ Crisis Line: 704/ WAYNE COUNTY The Shelter of Wayne County PO Box 1581 Goldsboro, NC Office: 919/ Crisis Line: 919/ WILSON COUNTY United Service & Volunteer Efforts PO Box 547 Wilson, NC Office: 919/ Crisis Line: 919/

19 1996, North Carolina Bar Association (all rights reserved) (This publication made possible by a grant from the N.C. Bar Association Foundation Endowment -- North Carolina lawyers serving the public and the profession.)