Maryland is one of thirty-three states that have amended their constitution to address crime victims' rights. Others have passed statutory laws to address crime victims. Learn more about your rights and the processes of the CJS.
A victim of a crime is to be treated with sensitivity, dignity, and respect, throughout the processes by all parties involved.
If the case is filed by a third party, the victim has the right to be notified, to be heard in a court proceeding, and to be informed of their rights.
This does not pertain or permit any cause or action for civil proceedings nor does it authorize a victim to take civil actions to stay criminal proceedings.
Schell and Lanteigne, 2000, p. 154
If the suspect is arrested, they will be taken to the commissioner and information will be provided to the state's attorney. If there is probable cause to charge the suspect they will make that determination. Since stalking is a misdemeanor, it goes to district court, but there may be additional charges. They will either be held, remanded, or bonded.
Approximately 80-97% of cases are settled without a trial. Once the defendant is charged, if there is a trial, the defense attorney may attempt to contact the victim (they are not required to respond). If there are concerns regarding violations of PPOs, contact the SA or police. Victims have the right to attend preliminary hearings regarding the case.
The victim has the right to request that their contact information be sealed from court records. The SA can help prepare the victim/witness regarding questions that may be asked by the defense.
If the defendant is found guilty, the judge will hold a sentencing hearing at a later date. This may include probation, fines, restrictions, confinement (jail or prison), or a combination. It is important to note, that not all defendants are found guilty, victims should be prepared for this outcome.
If the defendant is found guilty, the victim(s) and their loved ones may read victim impact statements before sentencing. This can be provided to the court in writing or orally, describing the physical, psychological, financial, and other traumas they have experienced as a result of their victimization.
After the trial is over, a victim may have the right to have their stolen or other property returned. The SA can help the victim retrieve their property. Finally, the victim has the right to be notified by the Division of Corrections or the Maryland Parole Commission of any further hearings regarding their release. It is the responsibility of the SA to ensure that the victim's request is processed and forwarded to the correct place.
MPC: (410) 585-3200.
Copyright © 2024 Just Stalking - All Rights Reserved.
Just Stalking: Resources, Inc. is a nonprofit, tax-exempt 501(c)(3) organization (EIN: 93-4264447).
Disclaimer: We are NOT a legal, mental health, medical, victims' advocate provider(s). We are NOT certified educators, financial experts, security specialists, or self-defense experts. While some of our staff may have training, background, or experience in legal, mental health, medical, victims' advocacy, education, financial, security, or self-defense fields pertaining to Maryland, none of our staff is currently, licensed, or certified specialists in the aforementioned fields. WE ARE NOT PROVIDING ADVICE, IN SUCH FIELDS. OUR GOAL IS TO DIRECT VICTIMS TO APPLICABLE PROVIDERS, PROVIDE FEEDBACK BASED ON PERSONAL EXPERIENCES, USING RELEVANT EVIDENCE-BASED RESEARCH & PRACTICES. WE WILL DO OUR BEST TO PROVIDE RESOURCES FOR ALL AFOREMENTIONED TIPS. IF YOU ARE IN DISTRESS PLEASE CALL 911.
Powered by GoDaddy
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.