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Crime Victims' Bill of Rights
(1) The right to be reasonably protected from the accused.
(2) The right to reasonable, accurate and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused.
(3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding.
(4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing or any parole proceeding.
(5) The reasonable right to confer with the attorney for the Government in the case.
(6) The right to full and timely restitution as provided by law.
(7) The right to proceedings free from unreasonable delay.
(8) The right to be treated with fairness and with respect for the victim's dignity and privacy.
VICTIMS' SERVICES REQUIRED BY LAW
Victims are entitled to general information about the criminal justice process and notice of important case events. Notifications are as follows:
-the status of the investigation of the crime (as long as this will not interfere with the investigation of the crime), the arrest of a suspected offender;
-the filing of charges against a suspected offender, or the proposed dismissal of any or all charges, including dismissal in favor of state prosecution;
-the release or detention status of an offender pending judicial proceedings; or the placement in a pretrial diversion program, and the conditions thererof;
-the scheduling, including scheduling changes and/or continuances, of each court proceeding that the victim or witness is either required to attend or entitled to attend which includes the date, time, and location of each court proceeding;
-the release or detention status of an offender or suspected offender;
-the terms of any negotiated plea including the acceptance of a plea of guilty or nolo contendere or the rendering of a verdict after trial;
-the date set for sentencing if the offender is found guilty; and the sentence imposed; and
-the sentence imposed on an offender, including the date on which the offender will be eligible for release.
Services that victims are entitled to:
-Information as to where he or she may receive emergency medical and social services and how and from whom to request these services;
-Information regarding shelters, counseling, compensation, and other types of assistance.
-Information about any restitution or other relief to which he or she may be entitled and how to obtain this relief; and
-Information about public and private programs that are available to provide counseling, treatment, and other support and how to obtain these services.
-Information or assistance concerning transportation, parking, lodging, translator and related services
Victims are entitled to reasonable protection from a suspected offender
-The Department of Justice shall arrange for a victim to receive reasonable protection from a suspected offender and persons acting for or with the suspected offender; and
Victims are entitled to the following additional services:
-Property belonging to victims and being held for evidentiary purposes shall be maintained in good condition and returned to the victim as soon as it is no longer needed; and
-In sexual assault cases, the cost of the victim's physical examination, and testing and counseling for sexually transmitted diseases, shall be paid by the Department of Justice or the investigative agency. Sexual assault victims also have a right to request that the defendant be tested for sexually transmitted diseases.
-Support and assistance during court appearances. In certain cases, the Victim-Witness Coordinator or the Victim-Witness Advocate may be available to accompany victims to court to provide support.
-Upon request by a victim or witness, assistance in notifying the employer if cooperation in the investigation or prosecution of the crime causes his/her absence from work; and the creditors, where appropriate, if the crime or cooperation in the investigation or prosecution affects his/her ability to make timely payments.
The Department of Justice Victim Notification System
The Department of Justice is committed to ensuring the victims of federal crime are treated fairly as their case moves through the criminal justice system. In order to provide victims with information on case events, the Department of Justice has developed the Victim Notification system (VNS). VNS is a cooperative effort between the Federal Bureau of Investigation, the United States Attorneys' offices, and the Federal Bureau of Prisons. This free, computer-based system provides two important services to victims: information and notification. This information is available in English and Spanish.
VNS can inform you of:
Information on scheduled court hearings.
An offender's custody status, such as placement in community corrections center, furlough, release, or death.
For more information on this program please contact Lyndon Laster, LECC/Victim-Witness Coordinator at (866) 480-8230 or Lynnette McGowens, Victim-Witness Specialist (866) 480-8230. Also, please let us know of any change in your address or telephone number so we can reach you.
Crime Victims Compensation Program
The Crime Victims Compensation Program provides a method of compensating and assisting innocent victims of criminal acts who suffer bodily injury or death. In an effort to alleviate hardships suffered by victims of crime, the Alabama Legislature passed the Alabama Crime Victims Compensation Commission Law on June 1, 1984.
Alabama's compensation law covers a variety of expenses for which compensation is paid. The Alabama Crime Victims Compensation Commission provides the only substantial financial compensation to victims for expenses for personal injuries including medical, funeral and counseling bills. This assistance lessens the financial burden on innocent victims of violent crime and serves as a vehicle of hope for the rights of crime victims.
WHO CAN APPLY?
Any person who is an innocent victim of criminally injurious conduct and who has sustained personal injuries as a result; or a surviving spouse or child of a victim who died as a result of criminally injurious conduct.
REQUIREMENTS TO QUALIFY FOR COMPENSATION:
The crime must be reported to the proper law enforcement agency within 72 hours of the incident, or good cause shown. (Good cause must be submitted in writing)
The claim must be filed within one (1) year of the incident, or good cause shown.
The victim suffered serious personal injury or death as a result of a criminal act.
The victim cooperated with law enforcement officials, the courts, and the Alabama Crime Victims Compensation Commission.
The victims was not engaged in illegal activity or was not in an illegal place of business at the time of the incident.
The victim cannot be a person who was confined in a jail, penitentiary or other correctional facility at the time of the crime.
The victim did not provoke, incite, or willingly take part in the incident.
The victim was not convicted of a felony after applying for compensation.
WHAT COMPENSATION MAY BE PAID?
The maximum award is $10,000.00 with limitations on certain expenses.
Medical expenses - including doctor and hospital care, dental expenses, prescriptions, medical supplies, inpatient psychiatric care, etc. This does not include expenses covered by insurance.
Rehabilitation expenses - including vocational or physical therapy, if not covered by another agency.
Counseling expenses - including counselor, psychologist, psychiatrist fees for counseling. Limited to 50 sessions and payments limited to $80.00 per hour for licensed counselors and social workers; $100.00 per hour for psychologists; and $125.00 per hour for psychiatrists.
Work loss - including the victim or claimant's net (take-home) weekly pay for a reasonable length of absence from work. This does not include vacation pay, sick pay, or disability pay. There is a maximum of $400.00 per week on work loss.
Funeral expenses - including funeral home expenses, cremation, burial expenses including monument. The total amount allowable for funeral costs is $5,000.00. We cannot consider expenses for flowers, clothing or limousines.
Property expenses - including only property taken as evidence by law enforcement which was soiled or damaged as the result of the crime. This does not include automobiles, automobile repair, insurance deductibles, appliances, or money. There is a $1,000.00 maximum on property expenses.
Moving expenses - including security deposits, utility deposits, and the cost to move. It does not include rent payments. There is a $1,000.00 maximum on moving expenses. This is only considered in extreme circumstances when the victim is in imminent physical danger and when the offense occurred at home.
Future economic loss - future or additional expenses or loss to victim or victim's dependents. Must be justified with explanation of how losses were calculated.
Replacement services loss - expenses claimant would not have suffered had a victim lived. There is a maximum of $900.00.
NOTE: The Alabama Crime Victims Compensation Commission cannot award compensation for pain and suffering or for attorney's fees.
CONTACT INFORMATION:
Alabama Crime Victims Compensation commission
P.O. Box 1548
Montgomery, Alabama 36102-1548
Phone: (334) 242-4007
(800) 541-9388 (victims only)
Fax: (334) 240-3328
Domestic Violence Information
What is Domestic Violence?
Domestic violence is not a private matter. It is a serious crime and public health concern that can include physical, sexual, psychological, or emotional abuse of one current or former intimate partner by another. You can be a victim of domestic violence no matter how old you are, what your racial or cultural background may be, what type of education you have, how much money you have, or what your religious beliefs may be.
Domestic violence is usually not a single event and often becomes more severe and frequent over time. Many batterers are not violent in other relationships, such as at work or with friends. They routinely deny the domestic violence and the severity of that violence. When confronted with their abusive behavior, they tend to blame their partner for provoking it or refuse to accept responsibility for it.
Many factors may contribute to abuse. Some batterers lack the ability to control their actions and do not know how to react appropriately and nonviolently to stress and dissatisfaction. A need for power and control, an abusive family background, feelings of inadequacy, and stress all may contribute to abusive behavior. Alcoholism or drug abuse do not cause domestic violence, but being drunk or high does intensify existing violent behaviors.
Domestic violence victims suffer physical injuries that endanger their health and may result in lifelong disabilities. These injuries may interfere with job performance and result in dismissal or lost promotion opportunities. Besides physical violence, abusers may use emotional and verbal abuse, isolation, and threats to maintain power and control over their partners. Threats, whether of violence, suicide, or taking away children, are a very common tactic used by batterers.
The emotional effects of domestic violence can often be more devastating than the physical assaults. Victims may lose touch with friends and family due to abusers' attempts to isolate them. As a victim's support system
breaks down, so does his or her self-esteem. Domestic violence affects every family member, even if he or she has not been abused.
If You Are a Victim of Domestic Violence
The most difficult step for you to take is to admit that you are being or have been abused by your partner. Remember, your partner's violence is the problem, not you. You do not provoke it. You do not deserve it. You may feel trapped, alone, and that you have lost control of your life. You may have nightmares or flashbacks of abusive incidents. Your eating and sleeping habits may change. You may feel depressed or hopeless and lack interest in things you once enjoyed. The physical and emotional suffering you experience may seem to use up all the energy you have.
Your safety is the first priority, and only you can truly judge what will be the safest and best way to handle your situation. Leaving an abusive relationship is not always the safest solution. Many domestic assaults occur while a victim is trying to leave the relationship. If you are being abused, you should consider all options when trying to find a way to end the violence as safely as possible.
Every person in an abusive relationship needs a safety plan that has been developed for that person's situation and circumstances. Domestic violence shelters and advocates can help you develop one for your situation. If you feel it is safe, let trusted friends and family know about your situation. They can be part of your safety plan. Know where to get help. Tell someone what is happening to you.
Where can you get help?
Remember, as a domestic violence victim, you are not alone. Do not lose hope. The support network in your community may include counseling services, hotlines, support groups, legal resources, and shelters that can give you support, advice, financial assistance, counseling, and legal help.
Your local women's center, shelter, or domestic violence program can help you obtain protection or restraining orders from local law enforcement and family court offices. There are several types of restraining orders. The types of restraining orders available and the process for application and issuance of orders varies with each community. Local domestic violence advocates can give you information about how the process works in your community. Advocates also can help you find out what your rights are as a domestic violence victim and provide you with other important information and a full range of victim support services, such as counseling, emotional support, and financial assistance. To find the name and telephone number of a domestic violence advocate near you, call the National Domestic Violence Resource Center Hotline at 1-800-799-SAFE (1-800-799-7233) or 1-800-787-3224 (TTY) or contact a local resource listed below:
DOMESTIC VIOLENCE RESOURCES and SERVICES
*Alabama Coalition Against Domestic
Violence, Montgomery - Ph: 334-832-4842
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*Family Violence Prevention Fund
Ph: 800-313-1310
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*Anniston - Second Chance
Crisis Line: 256-236-7233
Office Line: 256-236-7381 |
*Jasper - Daybreak
Crisis/Office Line: 205-387-1157
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*Auburn - Domestic Violence Intervention
Center - Crisis/Office: 334-749-1515
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*Mobile - Penelope House
Crisis Line: 251-342-3144
Office Line: 251-342-2809 |
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*Birmingham - Family Violence Center
Crisis Line: 205-322-4878
Office Line: 205-521-9646 |
*Montgomery - Family Sunshine Center
Crisis Line: 334-263-0218
Office Line: 334-206-2100
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*Cullman - Harbor Haus
Crisis Line: 256-734-6100
Office Line: 256-775-2600 |
*Opp - Opportunity House
Crisis/Office Line: 334-493-2320
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*Demopolis - Harriet's House
Crisis Line: 334-289-8988
Office Line: 334-289-8985 |
*Pelham - Safehouse
Crisis Line: 205-664-4357
Office Line: 205-664-5930 |
*Dothan - The House of Ruth, Inc.
Crisis Line: 334-793-2232
Office Line: 334-793-5214 |
*Phenix City - Russell Co. Shelter for Battered Women
Crisis Line: 334-297-4401
Office Line: 334-297-4435 |
*Florence - Safeplace, Inc.
Crisis Line: 256-767-6210
Office Line: 256-767-3076 |
*Robertsdale - Lighthouse of Baldwin Co.
Crisis Line: 251-947-6008/800-543-5068
Office Line: 251-947-6197 |
*Gadsden - Rosehaven
Crisis Line: 256-543-3059
Office Line: 256-543-2408 |
*Selma - SABRA Sanctuary
Crisis Line: 334-874-8711
Office Line: 334-874-8721 |
*Huntsville - Hope Place
Crisis Line: 256-716-1000
Office Line: 256-716-4052 |
*Tuscaloosa - Turning Point
Crisis/Office Line: 205-758-0808 |
Witness Information and Rights:
If you are required to testify as a witness in a trial or other proceeding, you will receive a subpoena telling you when and where to go to court. A subpoena is a formal court order telling you to appear in court, and there are serious penalties for disobeying a subpoena. If you know in advance of anything that might keep you from attending a required court appearance, let the United States Attorney's Office know immediately so that an attempt may be made to adjust the schedule. However, scheduling is at the discretion of the court and sometimes cannot be changed.
If you are called as a witness:
CHECK TO SEE IF ATTENDANCE IS REQUIRED: Please call Lynnette McGowens at (205) 244-2091 the WORKDAY BEFORE you leave your residence to attend court to verify that your attendance is required. You may call collect. This call may prevent a wasted trip if court has been postponed or canceled.
FACT WITNESS FACTS and REIMBURSEMENT
Witness fees are $40 fee for each day's attendance and REQUIRED travel days.
TRANSPORTATION - reimbursement for travel by the LEAST EXPENSIVE method, will be made. ALL CLAIMS FOR PARKING MUST BE SUPPORTED BY A RECEIPT. OTHER EXPENSES EQUAL TO $25.00 OR MORE MUST BE SUPPORTED BY A RECEIPT, WITH EXCEPTION OF MEALS AND MILEAGE.
TRAVEL BY PRIVATELY OWNED VEHICLES (POV): You will be reimbursed the following amounts:
Motorcycle .305 per mile
Automobile .445 per mile
Airplane 1.07 per mile
In addition to the above mileage allowance, necessary tolls, parking and other fees may be reimbursed. You must keep a record of your odometer readings if you travel by motorcycle or automobile. If two or more witnesses travel in the same vehicle, only one reimbursement for mileage can be made. If POV expenses, including mileage, tolls, parking and other associated costs, are greater than the government airfare, you will be responsible for the difference.
RENTAL VEHICLES AND OTHER TRANSPORTATION EXPENSES WILL NOT BE REIMBURSED WITHOUT SPECIAL JUSTIFICATION AND APPROVAL IN ADVANCE.
MEALS & LODGING: If you are REQUIRED to remain away from your residence OVERNIGHT, you will receive a meals allowance. The fees are as follows:
ANNISTON, FLORENCE, GADSDEN, DECATUR, TUSCALOOSA
$19.50 for each travel day
$39.00 for each full day at court
$60.00 hotel/motel room per night, including tax
BIRMINGHAM
$22.00 for each travel day
$44.00 for each full day at court
$80.00 hotel/motel room per night, including tax
HUNTSVILLE
$22.00 for each travel day
$44.00 for each full day at court
$71.00 hotel/motel room per night, including tax
NOTE: UNLESS other arrangements are made YOU ARE PERSONALLY RESPONSIBLE for the payment of your transportation and lodging expenses.
APPEARANCE IN ANOTHER CITY: Advance. If you do not have funds to travel to court, immediately contact the person named above and request instructions on obtaining funds. Any amount advanced will be deducted when your fees and allowances are computed.
UNUSUAL EXPENSES: If you have a medical or family condition requiring additional expenses, IMMEDIATELY contact the person named above.
DISMISSAL: When you are advised that your attendance is no longer required, you should request information regarding your reimbursement. You will be provided with a fact witness voucher to list your expenses on. This voucher will be submitted to the U.S. Marshal's Office to process and payment will be MAILED to you.
HOW TO RECEIVE REIMBURSEMENT
Witness voucher: At the conclusion of your testimony, you will be assisted in completing a witness voucher to make a claim for your fees and expenses. Generally, a check for all fees will be mailed to you by the U.S. Marshal when the case is over. (Also see Fact Witness Facts, Reimbursement and Rights)
Witnesses: If you are a witness, you will receive a witness fee for each day that you are required to attend court in connection with the case, including time spent waiting to testify.
Witnesses who are federal government employees: If you are a federal Government employee, the United States Attorney's Office will assist you in advising your employer that you are required to be present in court. This will enable you to receive your regular salary, notwithstanding your absence from your job. You will not collect a witness fee in addition to that salary.
Out-of-town witnesses: If you are an out-of-town witness, you may receive reimbursement for certain travel expenses, in addition to the daily witness fee. Out-of-town witnesses will be contacted by a representative from the United States Attorney's Office who will make all witness travel and lodging arrangements.
Local witnesses: If you are a local witness, you are entitled to parking and mileage reimbursement, in addition to the witness fee for the days you are asked to be in court.
| ORGANIZATION |
PHONE NUMBER |
| Mothers Against Drunk Driving |
1-800-446-6233 |
| People Against Child Abuse |
1-800-224-5373 |
| The National Center for Victims of Crime |
1-800-FYI-HELP (394-4351) or 703-276-2880 |
| The National Organization for Victim Assistance |
1-800-TRY-NOVA (273-6682) |
| The National Eldercare Locator |
1-800-677-1116
http://www.eldercare.gov |
National Fraud Information |
1-800-876-7060
http://www.fraud.org |
| Privacy Rights Clearinghouse |
619-298-3396
http://www.privacyrights.org |
| Consumer Credit Counseling |
800-388-CCCS
http://www.nfcc.org |
National Child Abuse Hotline
National Children's Advocacy Center |
1-800-4AChild (422-4453)
http://www.ncac-hsv.org
(256) 533-0531 |
| National Center for Missing & Exploited Children |
1-800-843-5678 |
| Elder Abuse Reporting (Alabama)
National Center on Elder Abuse |
1-800-458-7214
(202) 898-2586 |
National Hotlines to Report or File Complaints of Fraudulent Practices |
| National Association of Securities Dealers |
1-800-289-9999 |
| National Consumer League Fraud Information |
1-800-846-7661 |
| National Fraud Information Center |
1-800-876-7060 |
| National Insurance Consumer Help Line |
1-800-942-4242 |
| Securities and Exchange Commission |
1-800-SEC-0330 |
| Social Security Administration Fraud |
1-800-269-0271 |
| U.S. Department of Health and Human Services, Offices of the Inspector General |
1-800-HHS-TIPS (447-8477) |
| U.S. Postal Services Crime Hotline |
1-800-654-8896 |
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Federal Grant Programs that provide assistance to crime victims for the State of Alabama:
PROGRAMS: Edward Byrne Formula Grant
Family Violence Prevention and Services Act
STOP Violence Against Women Act
Victims of Crime Act (VOCA) Victim Assistance
ADMINISTRATOR: Jim Quinn
Alabama Department of Economic and Community Affairs
P.O. Box 5690
Montgomery, AL 36103-5690
Phone: (334) 242-5811
Fax: (334) 242-0712
Email
: jimq@adeca.state.al.us
PROGRAM: Preventive Health and Health Services Block Grant
ADMINISTRATOR: Frances Kennamer
Department of Health
P.O. Box 30317
Montgomery, AL 36130-3017
Phone: (334) 206-5318
Fax: (334) 206-5663
Email:
fkennamer@adph.state.al.us
PROGRAM: VOCA Victim Compensation
ADMINISTRATOR: Martin Ramsay
Alabama Crime Victims Compensation Commission
P.O. Box 1548
Montgomery, AL 36102-1548
Phone: (334) 242-4007
Fax: (334) 353-1401
Email:
mramsay@acvcc.state.al.us
PROGRAM: Children's Justice Act
ADMINISTRATOR: Phyllis Matthews
Department of Human Resources
S. Gordon Persons Building
50 South Ripley Street
Montgomery, AL 36130
Phone: (334) 242-1468
Fax: (334) 353-1052
Email:
Pmatthew@dhr.stat.al.us
PROGRAM: Office for State and Local Domestic Preparedness Support
ADMINISTRATOR: Lee Helms
P.O. Drawer 2160
Clanton, AL 35946-2160
Phone: (205) 280-2201
Fax: (205) 280-2410
Email:
leeh@aema.state.al.us
PROGRAM: Federal Emergency Management Agency Domestic
Preparedness and Response Assistance
ADMINISTRATOR: Mary Lynn Miller
Federal Emergency Management Agency-Regional I
3003 Chamblee-Tucker Road
Atlanta, GA 30341
Phone: (770) 220-5200
Fax: (425) 220-5230
Contacts for Victim-Witness for Northern District of Alabama |
Lyndon Laster , LECC/Victim-Witness Coordinator
1801 4th Avenue North
Birmingham, Alabama 35203
Phone: (205) 244-2001
Fax: (205) 244-2180
Toll Free: (866)-480-8230
Email: Lyndon.Laster@usdoj.gov
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Lynnette McGowens, Victim-Witness Advocate
1801 4th Avenue North
Birmingham, Alabama 35203
Phone: (205) 244-2091
Fax: (205) 244-2180
Toll Free: (866)-480-8230
Email: Lynnette.McGowens@usdoj.gov
Tonja R. Benninger, Victims-Witness Advocate
1801 4th Avenue North
Birmingham, Alabama 35203
Phone: (205) 244-2091
Fax: (205) 244-2180
Toll Free: (866)-480-8230
Email:
Tonja.Benninger@usdoj.gov
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