| Q. What are my rights as a victim of a crime?
Q. Do I need to hire a lawyer?
Q. How can I get an order of protection?
Q. What is the Illinois Automated Victim Notification
system?
Q. What is Illinois Crime Victims Compensation?
Q. Who can I contact to answer questions about my case?
Q. Do I need to be present for every court date?
Q. What are my responsibilities as a victim of a crime?
Q. What should I do if the defense lawyer wants to talk
to me?
Q. What is a victim impact statement?
Q. Do I have the ability to drop the charges against
the defendant?
Q. What should I do if I am a victim of Identity Theft?
Q. What can I do to prevent myself from becoming a victim
of Identity Theft?
Q. What are my rights as a victim
of a crime?
A: The Illinois Constitution and
Illinois statutes have provisions for victim's rights.
This is to ensure that crime victims are treated with fairness and respect
for their dignity and privacy throughout the criminal justice process
and to obtain certain information from the criminal justice system.
Under this act, you are a crime victim if you are:
- A person who was injured or had their property damaged or lost
because of a violent crime or an attempted violent crime.
- Immediate family members of homicide victims or of violent crime
victims who are physically or mentally unable to exercise their rights.
- Any person who witnesses a violent crime and will testify for the
prosecution at a criminal trial.
Under this act, some of your rights include:
- The right to be treated with fairness and respect for dignity and
privacy throughout the criminal justice process.
- To be notified when the state begins prosecution against the defendant.
- To receive information regarding social service agencies, financial
help, and assistance in filing for crime victim compensation.
- Have a state’s attorney request restitution at sentencing
and consider restitution in any plea bargain.
- The right to make a statement to the court at sentencing.
- The prompt return of property that was used as evidence or held
for other purposes.
- The right to information about the conviction, sentence, imprisonment
and release of
the accused.
Q. Do I need to hire a lawyer?
A: The State's Attorney's Office
represents the People of the State of Illinois in criminal cases that
occur in McLean County. If you are interested in pursuing a civil case
against the defendant, you would need to hire private counsel.
Q. How can I get an order of
protection?
A: An order of protection is a court
order issued by a judge to a victim of domestic violence. It orders
a person to stay away from the victim and stop any violence, threats
of violence or any type of harassment. To be eligible for an order of
protection the person must be a spouse, former spouse, roommate, family
member or one whom you have dated.
There is no cost for an order an order of protection and trained staff
is available at the McLean County Law and Justice Center to assist you
in filing the necessary paperwork. If you are interested in obtaining
an order of protection, you may call (309)888-5421 or (309)827-7070.
Q. What is the Illinois
Automated Victim Notification System?
A: This system provides victims
of crime and concerned individuals information regarding case and/or
custody status of offenses where the perpetrator has been incarcerated
or charged with a crime.
- The toll-free, 24-hour automated telephone system provides two
important services – information and notification.
- Victims and concerned individuals can receive up-to-date information
on the custody status and or/case status of an offender.
- Callers may also choose to register for automated notification
through the system.
- Registered users will receive notification of any change in an
inmates’ status.
- Users registered for court information will receive notification
of any change in case status.
- Callers select the phone number(s) where they wish to be notified,
and a personal identification number will be used to confirm the receipt
of notification.
- To use the Illinois Automated Victim Notification system call:
1-866-566-8439.
Q. What is Illinois Crime Victims
Compensation?
A: Illinois Crime Victims Compensation
can provide innocent victims and their families up to $27,000 of financial
assistance for expenses incurred as a result of a violent crime. Eligibility:
- The innocent victim of a violent crime;
- Any person dependent on the victim for support;
- Any relative who paid reasonable funeral and medical expenses;
- The police must have been notified within 72 hours of the crime;
- Compensation covers medical and hospital expenses, counseling,
and loss of earnings;
- Compensation does not cover property loss or damages;
- Compensation does not include any expenses covered by insurance;
- Crimes covered by this Act include: murder; involuntary manslaughter;
arson; criminal sexual assault; battery; DUI; kidnapping; reckless
conduct; sexual relations with families; aggravated battery; violation
of order of protection and exploitation of a child.
Q. Who can I contact to answer
questions about my case?
A: The Victim/Witness Service is
available to assist you with questions and provide the name of the prosecutor
assigned to your case. If you have questions regarding Crime Victims
Compensation, you can contact the Illinois Attorney General's Office
at 1-800-228-3368 or visit their web site at http//www.ag.state.il.us
The Illinois Department of Corrections Victim Services Unit can be contacted
at 1-877-776-0755 and their web site is http://www.idoc.state.il.us/VictimServ.html.
Q. Do I need to be present
for every court date?
A: No, you do not need to be present
at every court appearance for the defendant. You are welcome, though,
to attend any and all court appearances you wish. You will be notified
by the Victim/Witness Service if your testimony is needed at a trial
or sentencing hearing. If you have any questions about what will happen
at a particular court appearance, please contact the Victim/Witness
Service.
Q. What are my responsibilities
as a victim of a crime?
A:
- Prompt reporting of a crime to the police
- Cooperate with law enforcement, prosecution, and if necessary,
testify at a trial.
- Inform the Victim/Witness Service if your address changes.
Q. What should I do if the
defense lawyer wants to talk to me?
A: If anyone contacts you regarding
this case, please ask whom he or she is representing. As a witness in
this case you are not obligated to speak to the defense attorney nor
are you prohibited from speaking to the defense attorney. If the defense
attorney or anyone contacts you, please inform the Victim/Witness Service.
Such information assists us in better preparing this case and enables
us to answer any questions you may have.
Q. What is a victim impact statement?
A: As a victim, you have many rights,
including the right to be heard in determining the defendant’s
sentence. You have the right to complete a Victim Impact Statement.
A Victim Impact Statement is a written statement that describes the
harm or loss you have suffered. It allows you to express to the judge
in your own words, the emotional, physical, and financial impact the
offense has had on you and your family. The Victim Impact Statement
is an important opportunity for you to relate how this crime has changed
your life.
Q. Do I have the ability
to drop the charges against the defendant?
A: Only the State's Attorney's office
can make the decision to drop or pursue charges. If the case has already
been charged, you must contact the prosecutor handling the case. It
is that prosecutor's decision whether or not to pursue a charge. There
may be serious consequences to you for your lack of cooperation. You
should not assume that by ignoring correspondence or subpoenas a case
will be dropped.
Q. What should I do if
I am a victim of Identity Theft?
A: Immediately contact the fraud
units of the three major credit reporting bureaus. Ask for a credit
report so that you can identify fraudulent activity. Also ask the bureau
to flag your account with a “fraud alert” to indicate that
you have been a victim of a fraud and ask that no new credit be granted
without your approval.
- EQUIFAX
- EXPERIAN
- TRANS UNION
- Make a report with law enforcement departments with jurisdiction
in your case, and keep a copy of the report for proof of the crime.
- Contact the security department of all creditors with whom your
name has been used fraudulently by telephone and letter. Enclose a
copy of your police report.
- If you have checks stolen or a back account has been fraudulently
established in your name, report it to the seven check verification
companies listed below. Stop payment on all outstanding checks, and
cancel your checking and savings accounts.
Check Rite
Chexsystems
Equifax
National Processing Co. (NPC)
SCAN (Shared Check Authorization Network)
Telecheck
Crosscheck
|
(800)766-2748
(800)428-9623
(800)437-5120
(800)526-5380
(800)262-7771
(800)710-9898
(800)552-1900
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- If someone obtains your Social Security number, call the Social
Security Administration.
- Report Fraud: (800)269-0271 or (800)772-1213
- If someone obtains a driver’s license in your name or is
using your driver’s license number, contact your local Department
of Motor Vehicles and ask to put a “fraud alert” on your
license and request a new number.
Q. What can
I do to prevent myself from becoming a victim of Identity Theft?
A:
- Don’t give out your Social Security number unless necessary.
(Never print your number on your checks.)
- Request your credit report at least once a year and check for any
unauthorized activity.
- Shred personal documents before putting them in the trash (especially
pre-approved offers of credit).
- Don’t have checks delivered to an unlocked mailbox, and stop
mail delivery when away from home for extended periods.
- Don’t place mail that contains personal identifiers in an
unlocked mailbox.
- Don’t carry unnecessary credit cards, your Social Security
card, birth certificate or passport in your wallet or purse except
when absolutely necessary.
- Never give out your credit card number or other personal information
over the phone or Internet unless you have a trusted business relationship
with the company and you initiated the contact.
- Be careful when you leave personal information in your home, especially
if you have roommates, employ outside help, or have service work performed.
- Carefully review your credit card statements and phone bills for
any unauthorized use.
- Follow up with creditors if you suspect bills have not arrived
on time.
- Put passwords that are not easily determined on credit card, bank,
and phone accounts.
- Write “check photo ID”, in ink on the back of your
credit card near your signature.
- While shopping, keep a watch out for people standing nearby who
have a cell phone with a camera.
- If you are shopping online, make sure the site is secure. (a site
should have “https” instead of “http” in the
web address of the page that asks for credit card information; a site
should also have a locked padlock, which usually can be found at the
bottom of the screen.
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