top of page

KNOW YOUR RIGHTS

VICTIMS OF CRIME

Victim's Information - Arkansas Department of Public Safety

​

Crime Victims Rights Law - Arkansas law (Act 873 and Arkansas Victim Rights Law/Act 1262)

​

The Arkansas Crime Victim Rights Law became effective on January 1, 1998. This law mandates certain basic rights for people victimized by crime. The law does not apply to all crimes, but only certain crimes and certain victims, including:

​

  • a victim who is a minor

  • a victim of a sex offense

  • a victim of any felony resulting in physical injury to the victim

  • a victim of any felony involving the use of a deadly weapon

  • a victim of terroristic threatening in the first degree

  • a victim of stalking

 

If the victim is a minor, incapacitated, or deceased, a member of the victim’s family may exercise the rights of the victim.

​

Victim Information – The Crime Victim Rights Law protects information about victims

​

When property of the victim is seized and used as evidence, the agency holding the property must take reasonable care of the property and promptly return it to the victim when it is no longer needed as evidence.

​

Employers cannot discharge or discipline a victim of crime for assisting the prosecutor in preparing the case or for attending court if it reasonably necessary to protect the victim’s interest.

​

Information from Law Enforcement 

​

Pre-sentence Report 

​

Presence in Court 

​

Information from Prosecuting Attorney

​

Upon request of a victim or the victim’s family, prosecutors are to notify victims of the following:

  • Information on relevant criminal justice procedures

  • Information about the crime with which the defendant has been charged.

  • The file number of the case, the prosecuting attorney’s name, and office address and phone number

  • Motions or hearings to establish or reduce bail or authorize pre-trial release from custody.

  • Proceedings on plea agreements

  • Date, time, and place of defendant’s trial

  • Motions that may substantially delay prosecution.

  • Cancellation of court proceedings

  • Pre-sentence report function and the defendant’s access to the report

  • Victim impact statement information

  • Information on all sentencing proceedings

  • Notice of sentence imposed or modifications to that sentence.

  • Reconsideration hearings of an imposed sentence

  • Date, time, and place of the defendant’s appearance before a judicial officer

  • Information from custody institutions

 

Prosecuting attorneys should confer with the victim of the crime before amending or dismissing a charge or agreeing to a negotiated plea. However, failure of the prosecuting attorney to confer with the victim does not affect the validity of an agreement.

Prosecuting Attorneys or Victim Assistance Coordinators should provide the following services to victims:

  • Assistance in obtaining protection from harm and threats of harm arising out of their cooperation with law enforcement and prosecution efforts.

  • Assistance in applying for financial aid and other social services.

  • Assistance in applying for witness fees.

  • When possible, a secure waiting area during court proceedings that does not require victims to be in close proximity to the defendant and family and friends of the defendant.

  • Involvement with the victims’ employers to ensure that they cooperate with the criminal justice process in order to minimize loss of pay and other benefits resulting from court appearances.

 

The Arkansas Crime Victim Rights Law guarantees the right for victims of crime to prepare and present a Victim Impact Statement. The law also requires the court to consider the victim’s statement. Impact statements are presented in the sentencing phase of trials and in Parole Board hearings.

​​​​

​

bottom of page