Domestic Violence & Protective Orders Timely Restitution (financial recovery) Identity Theft & Financial Fraud Privacy Rights (children & adults) Representation of crime victims in the criminal justice system is a relatively recent movement. The goal of representation is to ensure that the victim’s voice is heard and their rights enforced. Unfortunately, under our current system of criminal law, the prosecutor’s role is not necessarily to represent the interests of the victim, but rather to represent the interests of society. Often times, the interest of the victim and the interest of society conflict. For example, a prosecutor may refuse to seek restitution against an offender, or law enforcement may refuse to investigate an incident of identity theft. Or, a victim may be denied the right to attend a trial or make their Victim Impact Statement. It is at this juncture where a crime victim’s attorney is essential. Attorney Tim Sutherland & His Passion For Helping Victims Of CrimeI first became associated with the victim rights in 2007 through my involvement with the National Crime Victim Law Institute (NCVLI). Through the NCVLI clinic, I helped drafted a brief aimed at protecting the identity of a child victim in a criminal sex abuse case. In that same case, we vigorously protected the rights of the child from being forced to testify in open court in front of her offender. I also assisted victims of crime with enforcing their rights on appeal after their rights were denied at the trial court level.If you’re a victim of a crime, you are entitled to certain statutory rights under both state and federal law. Whether your situation requires assistance in the criminal justice system or redressability through the civil arena, I can assist you in proactively enforcing your rights. Below are four major practice areas that I concentrate on regarding victim’s rights. However, this list is not exhaustive. If you’re a victim of crime, please give us the opportunity to assist you by making use of this website’s Appointment tab for a confidential consultation. Or, give our office a call at (253) 517-8767 or email us at .Domestic Violence & Protective OrdersDomestic violence is commonly understood as the psychological, emotional, or physical harm, or sexual abuse toward a spouse, significant other, or family member. [fn.2 Chief Justice Wallace P. Carson J.R., Introduction: Domestic Violence: The Ultimate Oxymoron, 33 WILLAMETTE L. REV. 767, 767 (1997)].Domestic violence is more than a single incident of violence; instead, it is an on-going cycle of abuse that materializes in various forms, inflicting devastating effects on the entire family unit. For example, an abuser will often use humiliating tactics and words geared towards promoting a sense of worthlessness. In many instances, the abuser is the single source of viable income for the family unit and therefore the victim cannot leave the relationship without becoming homeless. There are legal devices available to domestic violence victims to secure their safety, getting them on the road to rebuilding their lives. Protective orders (also known as restraining orders or injunctive orders), which can also be used to deter stalking conduct and prevent elder abuse, are one such form of relief. An offender who violates the order can be subject to criminal sanctions. Other resources are also available to victims, such as battered women shelters, support groups, and educational programs. During my time at with the Domestic Violence Unit for the District Attorney’s office, I personally prosecuted dozens of restraining order violations and other domestic violence cases. I dealt daily with victims of domestic violence and assisted them as they sought new, better lives. If you, or someone you know is a victim of domestic violence, please give us an opportunity to assist you by calling our office (253) 517-8767, or sign up for a confidential consultation utilizing the appointment calendar Or, you contact us by email at Back to Top Timely restitutionFor many victims, financial recovery (restitution) can be just as important as the criminal conviction of the offender. Restitution is essential to an abused victim’s recovery when it provides compensation for ongoing medical and counseling services needed to address the effects of victimization. At times, the prosecutor may not wish to pursue restitution, even where the victim is clearly entitled to compensation.Those typically eligible for restitution are the direct victims of a crime or their surviving family members. In Washington State, a victim may seek restitution for such things as medical costs, lost earnings, funeral expenses, and damaged or lost property as a result of the offender’s criminal conduct. However, acquiring a restitution order from the court is only one step to financial recovery. If a court imposes an order demanding restitution from the offender, certain additional steps must be taken to ensure that restitution is paid. For example, the victim may seek an Income Deduction Order (or garnishment order) from the court to ensure payment. To prevent the offender from hiding assets in an attempt to avoid eventual restitution, an injunction can be requested. If you, or someone you know is a victim of domestic violence, please give us an opportunity to assist you by calling our office (253) 517-8767, or sign up for a confidential consultation utilizing the appointment calendar Or, you contact us by email at Back to Top Identity Theft & Financial FraudIt’s easier than ever for thieves to steal identities and destroy a victim’s financial livelihood. Usually it isn’t until a victim receives a telephone call from a collection agency or a victim is denied an extension of credit that it becomes apparent that something is very wrong. However, all is not lost. You can now fight back.For example, you can freeze your credit reports, preventing thieves from opening up new credit card and loan accounts. You can also dispute the collection of debts acquired through the fraudulent use of your identity. I can help you reacquire your identity, restore lost credit, recover financial losses, and help you regain control over your finances. If you, or someone you know has been the victim of identity theft or financial fraud, please give us an opportunity to assist you by calling our office (253) 517-8767, or signing up for a confidential consultation utilizing the appointment calendar Or, you can contact us by email at . Back to Top Privacy rights (children & adults)Sex crime victims suffer serious harm from unwanted public disclosure of information related to their victimization. This is true regardless of whether that disclosure happens in a criminal prosecution, a civil case, or through other means. With the advent of high speed internet, blogs, and social networking applications such as Facebook, the threat of public disclosure is greater than ever before.Before a perpetrator can be brought justice in the criminal justice system, civil system, or both, the victim must be able to come forward and report the incident of victimization to the police, family, or friends. For example, rape remains the single most underreported violent crime in America, with 84% of victims failing to report the crime to police. [fn.1 National Women’s Study, 1992] But, a staggering 97% of victims surveyed stated that they would have been willing to come forward and report the incident if laws existed protecting confidentiality and disclosure of their name to the public. If you, or someone you know has been the victim of a sexual offense, please give us an opportunity to assist you by calling our office (253) 517-8767, or sign up for a confidential consultation utilizing the appointment calendar Or, contact us by email at ![]() Back to Top All content copyright 2010 by Tim Sutherland. All rights reserved. Disclaimer |