Summary. Fourteen sequences from the first week through the years after the case, with the deadlines that forfeit money flagged.

1. First week

  • Get the police report number; request a copy from the records division.
  • Obtain medical care and keep every record and receipt.
  • Find a victim advocate.
  • Note the confidentiality difference: community-based advocates frequently hold a privilege; prosecutor-based advocates generally do not.
  • Start the documentation folder (see §5).
  • Consider immediate safety steps: protective order · lock change · address confidentiality · notice to school or employer.
  • Do not post about it on social media.
  • Photograph injuries and property damage.

2. Register for notification — in writing, everywhere

  • Prosecutor's office victim-witness unit
  • Court clerk (hearing notices)
  • Jail (custody status, release)
  • Corrections department (transfer, release)
  • State automated victim notification system
  • Probation or parole, once supervision begins
  • Provide: name · case number · defendant's name · mailing address, phone, and a durable email
  • Keep the confirmation from each office.
  • Update every office when anything changes — a stale address is the leading cause of missed notice.

3. Confirm your standing

  • Ask the prosecutor's office in writing whether you are recognized as a victim under the applicable definition.
  • If the victim is a minor: request appointment of a guardian ad litem or child advocate; ask about testimony accommodations and a children's advocacy center interview; note that compensation deadlines are frequently tolled until majority.
  • If the victim is deceased: designate one family member for notice; identify who holds the civil claim (may require opening an estate); confirm that multiple family members may each claim counseling.
  • Note that immigration status is not an eligibility criterion, and that specific immigration relief exists for victims who assist law enforcement.

4. Exercising the rights

  • Request conferral with the prosecutor in writing, and ask to be contacted before any plea offer.
  • Prepare what to say: what happened · the effect · what you want · what you need (no-contact terms, restitution, notification).
  • Assert the right to be present; if exclusion is raised, note the demanding standard and ask the prosecutor to resist it.
  • Know you may decline a defense interview: "I am not going to discuss the case. Please contact the prosecutor's office."
  • Understand you must still honor a subpoena.
  • Ask at every stage: what happens next, when, and how will I be told?
  • If a right is violated: assert it immediately in writing; in federal cases note the 72-hour mandamus remedy.

5. Building the loss file (start now, finish before sentencing)

  • Medical/dental: itemized bills · explanations of benefits · prescriptions · mileage
  • Mental health: invoices · treatment plan · projection of future sessions
  • Lost income: pay stubs before and after · employer letter · calculation · time at court proceedings
  • Property: photographs · serial numbers · receipts or comparables · two repair estimates · insurance determination
  • Out-of-pocket: transportation · parking · childcare for hearings · items held as evidence · locks and security · temporary lodging · phone changes · moving
  • Funeral and burial, itemized
  • Crime scene cleanup
  • Relocation, where safety required it
  • Maintain a running spreadsheet and a one-page total with subtotals
  • Keep originals; submit copies

6. Restitution

  • Ask the prosecutor's office for the loss statement form and the deadline.
  • Submit before sentencing — losses not documented before sentencing are generally not ordered.
  • Include projected future costs with a documented basis (restitution is generally fixed at sentencing).
  • Request that the order be docketed as a civil judgment where permitted.
  • Ask about asset restraint early, before assets are dissipated.
  • Ask about tax refund interception and administrative offsets.
  • Understand: restitution covers documented economic loss, ordered without regard to ability to pay, collected slowly. Not pain and suffering.

7. Victim impact statement

  • Ask the advocate: permitted length · whether opinions on the sentence are allowed · delivery options.
  • Write about what changed — what you could do before and cannot now; effects; who else was affected; where things stand.
  • Avoid: characterizing the defendant generally · uncharged conduct · demands the court cannot grant.
  • Keep to about two pages (≈4 minutes read aloud).
  • Read it aloud to someone before the hearing.
  • Have the advocate review it.
  • Choose delivery: in person · read by another · written · video. You are not required to give one.
  • Bring a copy for the court.
  • Arrange for a support person.

8. Compensation application

  • Apply even if you think you are ineligible.
  • Note: a charge or conviction is generally NOT required — unsolved cases qualify.
  • Check the reporting window; if missed, document good cause: fear · safety · relationship to the offender · age · medical condition · immigration concerns · a forensic medical examination in lieu of a report.
  • Check the application deadline (commonly 1–2 years; extensions and minor tolling available).
  • Attach: report number · itemized bills · insurance statements showing what was not covered · wage documentation.
  • Have an advocate complete it with you — denial rates fall substantially.
  • Keep a copy of everything submitted.
  • Appeal any denial — free, and frequently reversed on additional documentation.
  • File supplemental claims as treatment continues.
  • Note it is a payer of last resort — bill insurance first.

9. Insurance

  • Health insurance
  • Auto, including uninsured and underinsured motorist coverage
  • Homeowner's or renter's, for property and sometimes liability
  • Disability coverage
  • Employer benefits and employee assistance programs
  • Note that compensation and restitution coordinate with insurance — you generally cannot be paid twice, and a paying program will assert repayment from restitution.

10. The civil claim

  • Consult a civil lawyer while the criminal case is pending.
  • Note the independent limitations period, which is sometimes short and sometimes extended for particular offenses.
  • Note the lower standard of proof — an acquittal does not bar the claim.
  • Note the broader damages: pain and suffering, emotional distress, punitive.
  • Identify solvent third parties: property owner (inadequate security) · employer (negligent hiring or supervision) · institution with notice of a risk.
  • Send preservation letters immediately — surveillance footage is overwritten in days.
  • Preserve: photographs before repairs · maintenance and complaint records · police call history for the address · leases and security representations · witness names.
  • Coordinate timing with the prosecutor to avoid discovery complications.

11. Privacy and safety

  • Enroll in an address confidentiality program if eligible.
  • Ask what in the case file is public, and request redaction of address, phone, employer, medical records, and minors' identities.
  • Consider a credit freeze if identifying information was taken.
  • Change passwords; enable multi-factor authentication; check location sharing, shared accounts, and family plans.
  • Begin data broker opt-outs.
  • Request workplace and school safety accommodations in writing.
  • Ask whether lock changes, security devices, and relocation are covered by compensation or restitution before paying.
  • Build a safety plan with an advocate — separate from any court order.

12. Employment protections

  • Ask the advocate whether the state protects time off for proceedings, protective orders, and medical or counseling services.
  • Give the employer written notice with the subpoena, in advance.
  • Request a letter from the prosecutor's office confirming required appearances.
  • Ask whether appearances can be consolidated or whether presence is required at every setting.
  • Keep pay records — lost wages are compensable under many programs.
  • Document any retaliation and consult the state labor agency.

13. After the case ends

  • Confirm custody notification with corrections and the state system; reconfirm annually.
  • Ask about parole input — the form it takes and what conditions may be requested (no-contact, geographic exclusion, release notification).
  • Obtain an independent civil protective order before the criminal no-contact order lapses; note it is renewable.
  • Confirm the restitution order was entered, is being applied correctly, and is docketed civilly; renew before it expires.
  • Continue compensation submissions and supplemental claims.
  • Confirm privacy protections remain in place.
  • Note that counseling and advocacy do not require a pending prosecution.

14. Expectations

  • Expect a year or more to disposition, with routine continuances.
  • Expect little communication unless you ask.
  • Expect to appear and possibly not testify.
  • Arrange separate waiting areas and staggered arrival through the advocate.
  • Ask the prosecutor for cross-examination preparation if there will be a trial.
  • Understand the charging decision belongs to the prosecutor — you have a right to confer and be heard, not to decide.
  • Decide what you will and will not attend. Attendance is your choice.

Related documents

Educational only, not legal advice. Victims' rights, compensation eligibility, and restitution enforcement vary substantially by state. Contact a victim advocate where the case is pending.