Victim Rights And Advocacy

Our Fairfax Victims’ Rights Lawyers Are Here to Help

If you’ve been the victim of a crime, you might be wondering about your legal rights and responsibilities. You may also be wondering if justice will be served and what resources are available to you. Carroll & Nuttall, PLLC is dedicated to providing comprehensive legal services tailored to protecting your interests and well-being. Our experienced team is here to help you navigate the legal system, ensure you understand victims’ rights in the Commonwealth of Virginia, and give you a voice in court. We can also help you access valuable resources via the Virginia Victims Fund and all other avenues that are available to you.

We understand it can be hard to talk about what happened to you, but when you confide in us, we will stand by your side through the entire legal process. The lawyer you speak to during your initial consultation will be the one who represents your best interests in court.

Victims’ Rights in Virginia

All crime victims are entitled to fairness, dignity, respect, and sensitivity in the Commonwealth of Virginia. Under § 19.2-11.01 of the Code of Virginia, the victims and witnesses of crimes are also afforded certain rights.

Victims have rights to:

• Protection
• Privacy
• Financial assistance
• Timely notification of judicial proceedings
• Stay informed
• Provide input (to the prosecution and in court)
• Courtroom assistance
• Post-trial assistance

After experiencing a crime, dealing with the legal system can be the last thing you want to go through. As such, you may want to retain an advocate to help you protect your rights and navigate courtroom proceedings and restitution.

How Our Fairfax Victims’ Rights Attorneys Can Help

You may be asked to testify in court or make a statement under oath to help prosecutors convict the defendant. This can be a stressful experience without an advocate or attorney on your side.

Many of the lawyers at Carroll & Nuttall, PLLC are former prosecutors, which means we have an intimate understanding of criminal courts. We know exactly what victims are going through and how to provide the best assistance possible.

Understanding Restitution

Victims of crime can suffer many physical and emotional losses. As a victim, you may be eligible for restitution from the defendant or through the Virginia Victims Fund. If your property was stolen, it may be returned to you after the end of criminal proceedings. However, calculating and collecting restitution can be complex. Our experienced attorneys specialize in this area and can make this a smooth process. You may be entitled to restitution:

• Medical expenses
• Prescriptions
• Mileage to medical appointments
• Lost wages
• Counseling
• Temporary Housing
• Moving
• Crime-scene clean-up
• Funeral expenses
• Loss of support

To qualify for restitution under the Virginia Victims Fund, you must report the crime promptly and cooperate with law enforcement agencies and the courts. You must also be innocent of illegal activity and provocation at the time of the crime. In many cases, you can receive restitution even if the defendant (person who allegedly committed the crime) is not convicted.

While no amount of money will change what happened, having the right financial resources can alleviate economic burdens and make it easier to move forward.

Protecting Privacy

If you have been a victim of a crime and receive a subpoena asking for your personal information, you have the right to keep your private life confidential. We are here to help you in understanding what you can do to protect your privacy. If necessary, we can help you submit a formal request to quash the subpoena.

Mediation and Advocacy

We understand that your priorities as a victim may not always align perfectly with the criminal justice system. Our team can mediate between you and the Commonwealth's Attorney and judge, presenting your practical and meaningful concerns to them in a persuasive manner.

Trial Preparation and Support

If your case goes to trial, we will make sure that you are well-prepared and informed about the trial process. We can explain what to expect during trial, attend the proceedings and sentencing hearing on your behalf, and provide you with a comprehensive overview once the trial concludes. Our goal is to minimize any surprises and help you navigate potential challenges, such as cross-examination by the defendant's attorney. Our experienced attorneys can help you prepare to testify, and support you through the challenges of talking about what has happened to you.

Addressing 5th Amendment and Self-Incrimination Issues

Depending on the specifics of your case, there may be Fifth Amendment (Self-Incrimination) concerns regarding testifying. We will guide you through these considerations and help you navigate any related issues that may arise.

Civil Remedies

In addition to the rights provided under criminal law, victims may also have civil remedies. We can assess your situation and determine if you have grounds to file a lawsuit seeking damages or making other claims.

Connecting You With Other Services

If you have been the victim of a crime, it can be difficult to know where to go for help and support after legal proceedings have ended. We aim to go above and beyond for our clients. As proud members of the Fairfax community, we hope to help you rebuild your life, and can connect victims and secondary survivors, such as family and friends, with free community services, such as counselling and support groups.

Consultation and Guidance

If you have been a victim of a crime in Fairfax County or anywhere in Northern Virginia, we offer a free consultation to discuss your concerns. It's important to note that while an attorney representing a victim cannot replace the Commonwealth's Attorney, we can advocate for your rights, protect your interests, and provide guidance throughout the prosecution process.

Experienced Representation

Our team is dedicated to serving as your legal advocates and ensuring that your concerns are addressed throughout the proceedings. We provide you with a confidential source of guidance, explain the complexities of the criminal justice system, and help you understand the decisions made and charges pressed. We can also act as a buffer between you and the defendant's attorney, advocating for your rights and protecting your interests.

Choosing the Right Advocate

When choosing a victims’ rights advocate, you want someone who will help ensure your voice is heard. Our team at Carroll & Nuttall, PLLC has been giving a voice to the voiceless since 1998. We are experienced, knowledgeable, and straightforward, so you will always feel empowered and well-represented. As members of the Fairfax community, we care about what happens to you and those around you. Our compassion is difficult to match and we are committed to helping you achieve the best outcome possible.