Victims of crime have constitutional and statutory rights to ensure that all victims are treated with dignity, respect, courtesy, and sensitivity, and that the rights extended to victims and witnesses of crime are honored and protected by law in a manner no less vigorous than protections afforded criminal defendants. You can locate these rights in the Utah Constitution, Article 28, and in the Utah Criminal Code at 77-37, 77-38, and 77-38a.
RIGHTS OF CRIME VICTIMS IN UTAH
Following is a summary of the rights entitled to victims of crime: felony crimes and A and B misdemeanor crimes, including juvenile charges:
- Victims have the right “to be treated with fairness, respect, and dignity, and to be free from harassment and abuse throughout the criminal justice process.”
- Victims have the right to be informed and assisted as to their role in the criminal justice process, including clear explanations regarding legal proceedings.
- Victims have the right to be present and heard at important criminal justice and juvenile justice hearings. Those hearings include preliminary hearings, arraignment, any court proceeding involving the disposition of charges or the delay of a previously scheduled trial date, a court proceeding relating release of the defendant from custody, the criminal trial, sentencing hearings and parole hearings.
- Victims have the right to be heard and that right may be exercised at the victim’s discretion in any appropriate fashion, including an oral, written, audio taped, or videotaped statement or direct or indirect information that has been provided to be included in any presentence report.
- Victims have the right to receive notice of important criminal justice hearings in felony cases. The victim’s address, telephone number and written impact statement are protected and only available to a limited group of victim specialists.
- Victims of several violent and sexual crimes may request a pretrial criminal no contact order be issued by the court.
- Victims have the right to a speedy disposition of the charges, free from unwarranted delay caused by the defendant and to a prompt and final conclusion of the case after the disposition or conviction and sentence.
- Victims have the right to have the sentencing judge receive and consider information about the impact of the crime upon the victim and any other information the victim would like to share with the sentencing judge
- Victims have a right to have a representative exercise the same rights that the victim is entitled to.
- Victims have the right to restitution.
- Victims have the right to have any personal property obtained in an investigation returned to the victim when the property is no longer needed by the court or prosecution.
- Victims have the right to object to a petition for expungement.
- Victims of sexual assault have the right to have their confidential communication to a sexual assault counselor remain confidential.
- Additionally, should a convicted person, or representative of the convicted person, receive a profit from the sale or transfer of memorabilia, the profit shall be given to the Crime Victim Reparations Fund.
- Access to VINE (Victim Information & Notification Everyday www.VINELink.com) System (See VINE under other victim resources)
Additional Rights for Children
- Victims who are 13 years of age or younger shall be communicated to in age-appropriate language.
- Child victims have the right to have the process conducted in the most effective and least traumatic, intrusive, and intimidating manner.
- Children are not responsible for inappropriate behavior adults commit against them and have the right not to be questioned, in any manner, nor to have allegations made, implying this responsibility.
- Child victims have the right to have interviews related to criminal prosecution kept to a minimum.
- Child victims have the right to be informed of available community resources that might assist them and how to gain access to those resources.
Additional rights for victims of sexual offenses
Victims of sexual offenses have the right to designate a person of the victim’s choosing to act as a recipient of the information gathered in HIV infection testing and DNA testing.
Victims of sexual offenses have the right to request voluntary testing for themselves for HIV infection and to request mandatory testing of the alleged sexual offender for HIV infection.
Victims of sexual offenses have the right to be informed whether a DNA profile was obtained from the testing of the rape kit evidence or from other crime scene evidence.
Victims of sexual offenses have the right to be informed whether a DNA profile developed from the rape kit evidence or other crime scene evidence has been entered into the Utah Combined DNA Index System.
Victims of sexual offenses have the right to be informed whether there is a match between a DNA profile developed from the rape kit evidence or other crime scene evidence and a DNA profile contained in the Utah Combined DNA Index System, as long as disclosure would not impede or compromise an ongoing investigation.
Internet Fraud / Forgery
Fraud and forgery crimes are costly to victims in several different ways. They not only impact you monetarily, they also cost you time and can potentially damage your reputation, affecting your ability to utilize credit when needed. The three main consumer reporting agencies (Equifax, TransUnion, and Experian), are required by federal law to give you one free report each year. The report can be obtained at www.annualcreditreport.com. Click the arrow to learn more.
If you believe you are a victim of fraud or forgery, there are several steps you must take in order to start the process:
- Report the crime to the appropriate financial institution
- Complete an affidavit of forgery
- Report crime to the appropriate law enforcement agency
- It is highly suggested you place a fraud alert on your credit reporting
- Equifax: 1-877-579-5734
- Experian: 1-888-397-3742
- TransUnion: 1-800-680-7289
NOTE: You only have to contact one of the above companies; they will alert the other two. After this is done, creditors are required to follow certain procedures if credit is applied for in your name in order to protect you. This may delay your own ability to obtain credit. However, it makes it impossible for the suspect to ruin your credit. Please know this is a free service and it is only good for 90 days. After this time expires, please look into another avenue of having your credit protected further.
Prevention Tips
- Keep your information private and confidential
- Do not share account information or PIN numbers over the phone
- Do not keep PIN numbers in your wallet or purse
- Ensure your computer is up to date on anti-virus, anti-spyware, and firewall protection
- Shred documents that contain personal and financial information
- Do not allow people to remote access on to your computer
- Banks and credit card companies will not ask for PIN numbers or account information over the phone or through email.
To exclude your name from the nationwide consumer credit reporting company list for unsolicited credit and insurance offers, you can call 1-888-567-8688 or visit https://www.optoutprescreen.com. This will stop unsolicited mail for several years.
Identity Theft
Identity theft is a rapidly growing problem in today’s world. The anonymity involved in this type of crime makes it very attractive to criminals. Moreover, these types of cases are often difficult to investigate due to several factors. Click the arrow to learn more.
Farmington Police Department is dedicated to investigating any case that falls within our jurisdiction. However, due to the very nature of this crime, we are often faced with jurisdictional issues that preclude us from investigating a given case.
The following list of resources will help you in our efforts to educate, prevent, and resolve cases surrounding identity theft and fraud. Please read the following information to help guide you in determining the best way to report your situation.
- Identity theft/fraud taking place in part or completely in Farmington City limits, Farmington Police Department will have jurisdiction over the case. Please contact the Department at 801-451-5453 and an officer will assist you.
- Identity theft/fraud taking place outside of Farmington City, but within the State of Utah; contact the local agency where the theft/fraud took place. Also, contact the Utah Attorney General to report the theft.
- For any other type of Internet-based fraud or theft, visit the Internet Crime Complaint Center. This organization will get your complaint to the appropriate law enforcement agency for action.
Prevention Tips
- Collect your mail every day and place a hold on your mail when you leave town
- Monitor accounts and watch for unauthorized transactions
- Review your credit reports once a year to ensure all accounts in your name are accurate
- Shred credit offers, bank receipts/statements, and anything with personal information
- Pay attention to your billing cycles
- Do not share PIN numbers or account information
The Federal Trade Commission (FTC) has a list of tips and strategies to help protect you from becoming a victim of identity theft. Additionally, their site contains resources for you to use in the event you have your information compromised. The following link will take you to this information and can guide you in this process: https://www.consumer.ftc.gov/features/feature-0014-identity-theft
There are many services and resources available to help protect your information. These services and resources help monitor credit history and financial accounts and notify you of suspicious activity. Consider engaging a company that meets your individual identity theft protection needs.
Farmington Police Department is not affiliated with any of these companies or services. These are merely suggestions and ideas to aid you in protecting yourself. This is not an exhaustive list and know there are many other services that can assist you in similar ways.