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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
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