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The victim, also
referred to as the
complaining witness,
does not have a role in
most of the formal
criminal proceedings
other than to give
formal testimony
regarding their
recollection of the
events at a trial.
However, the
prosecution, by law, is
requited to notify the
victim of all scheduled
court hearings, and the
victim has the right to
appear. The prosecution
must consult with the
victim before making any
offer to settle the case
with a plea bargain. The
prosecutor does not have
resolve the case in the
way in which the victim
would like. However, the
prosecutor must take the
victim's opinion into
consideration. If a plea
bargain is reached, the
court must ask the
prosecution if the
victim has been
consulted, and if the
victim agrees with the
plea bargain. The
court may then take
this information into
consideration when
deciding whether to
accept the plea
agreement of the
parties. The victim
always has the right to
speak to the court at a
bond hearing or a
sentencing hearing.
For more information on
the criminal defense
process, please select a
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contact our firm to
discuss your legal
issue.
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