• The right to request confidentiality foryourself and family members includinghome, school, and work addresses andphone numbers. The confidentiality requestmust be made to the assistant districtattorney as soon as possible, preferablybefore or during the arraignment.

• The right to be present at all courtproceedings, unless you are required totestify and the judge determines that yourtestimony might be influenced by yourpresence in the court.

• The right to give a Victim ImpactStatement at sentencing to inform the courtabout the physical, emotional and financialimpact of the crime and to provide youropinion regarding sentencing of thedefendant.

• The right to financial assistance: the rightto apply for victim compensation to helppay for certain out-of-pocket expensesincluding medical, dental and mental healthcounseling expenses, lost wages, andfuneral expenses up to $6500; the right torequest restitution for a financial loss,property loss or physical injury; and theright to receive a witness fee if you aresummoned to appear in court.

LEGAL TERMS

Arraignment:

The first time the defendant appears incourt. The charges against the defendantare read in court and the defendant pleadsguilty or not guilty to the charges. Thejudge determines bail and conditions of thedefendant's release.

Bail:

An amount of money paid to the court toassure the defendant will return to court inthe future. Risk of flight, danger to thecommunity and danger to an individualmay be considered.

Complaint:

A formal document issued by the courtdescribing the criminal charges against thedefendant.

Continuance:

The postponement of a court event to afuture date. Please note: every effort ismade to notify victims and witnesses in atimely manner when a court event iscontinued. A telephone check-in to a VictimWitness Advocate the day before the eventmay help to avoid an unnecessary trip tocourt.

Legal Terms

Defendant:

A person against whom charges or anaction is brought.

Felony:

A serious crime punishable by a stifferpenalty and imprisonment in a state prison.

Grand Jury:

A group of 23 citizens whose duty is to hearcomplaints and evidence from a prosecutorabout criminal cases and decide if there issufficient evidence to issue an indictmentagainst an individual.

Misdemeanor:

A crime considered by law to be less seriousthan a felony and punishable by a sentenceto a House of Correction and/or a fine.

Motion:

A request to the court for a certain action.Example: A request to provide a list ofwitnesses, reports or information. The judgedetermines if the requested informationmust be provided.

Pre-trial Conference:

A meeting between a prosecutor and thedefense attorney to discuss the merits ofthe case, exchange information and possiblywork out a plea agreement.

The Victim Bill of Rights (M.G.L. c. 258B)provides certain rights to victims, theirfamily members and witnesses. To ensurethat you receive your rights, includingnotification and information, please be sureto provide the Victim Witness Advocate orprosecutor with your current address andphone number. The following rights mayapply to you:

• The right to be informed about thecriminal case and how it progresses throughthe court; to know your role, what isexpected of you, and why; to receive timelynotice of court dates and continuances; andto know the services available to help you.

• The right to speak with the prosecutorbefore the case starts, before the case isdismissed, and before a sentencerecommendation is made to the court; theright to be notified of the final disposition ofthe case with an explanation of thesentence imposed.

A Message From The District Attorney

As Essex District Attorney, I am very awarethat the criminal justice system can be confusingand frustrating. Assuch, I am pleased toprovide this brochureto help youunderstand the courtsystem. It containsinformation aboutcourt procedures andcommonly used legalterms, and alsoinforms you of theservices available fromthe Victim Witness Services staff of my office. Inaddition, this brochure will help you understandyour rights as provided by the Victim Rights Law,M.G.L. c. 258B, to prepare you for your courtexperience.

If you have any questions, I encourage youto contact a Victim Witness Advocate. Advocatesare located in every court throughout thecounty. The telephone numbers and locationsare listed on the back of this brochure.

I am sorry that you or someone you careabout has suffered as a result of a crime. I hopethis information will help you to understandyour rights and the criminal justice process.

Sincerely,

Jonathan W. BlodgettDistrict Attorney

The Essex Victim Witness Services Program of

District Attorney Jonathan W. Blodgett's

Office provides information, services, and

referrals to crime victims, their family

members, and witnesses as mandated by

Massachusetts General Law, Chapter 258B,

the Victim Rights Law.

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LEGAL TERMS continued

Probable Cause Hearing:

A court proceeding held before a judge todetermine whether the facts of a case aresufficient to transfer a case from districtcourt to superior court.

Restitution:

An order made at sentencing by the judgerequiring the defendant to pay the victimfor financial losses suffered as a result of thecrime. Financial loss may include medicalexpenses and replacement cost ofdamaged or stolen property.Documentation of out-of-pocket lossesmust be provided to support an order ofrestitution. If the defendant is ordered topay restitution, victims have the right toobtain a copy of the schedule of paymentsand the name and telephone number ofthe probation officer assigned to the case.Restitution does not include costs for "painand suffering."

Sentencing:

When a defendant is found guilty or entersa guilty plea, the judge imposes ajudgment or punishment based onguidelines that consider the crime and thedefendant's past criminal history. Thesentence may include imprisonment, fines,probation, restitution and/or other special

continued

conditions ordered by the judge. If thedefendant is found "not guilty" after trial, thedefendant is free to go, receives nosentence, and cannot be tried again on thatcharge.

Subpoena:

An order issued by the court for anindividual to appear on a certain date andtime to testify in a criminal matter. Failure of the person to appear may result in theissuance of a warrant for arrest.

Trial:

A legal proceeding in court in which theissues of a case are presented and examinedby a judge, possibly with a jury, for thepurpose of reaching a decision ofconviction or acquittal.

Victim Impact Statement:

A written or oral statement made by avictim or a family member to the court atsentencing that describes the physical,emotional and financial impact of the crimeand may include a recommendation forsentencing the defendant.

LEGAL TERMS continued

Victim Compensation:

A fund established through the Office of the Attorney General to help victims andfamily members pay certain out-of-pocket,crime-related expenses including medical,dental and mental health counselingexpenses, lost wages, loss of support andfuneral expenses up to $6500 incurred as adirect result of a crime. Applications may beobtained from a victim witness advocate inthe court and submitted to the VictimCompensation and Assistance Division inthe Attorney General's Office, OneAshburton Place, Boston, MA 02108.

Essex District AttorneyJonathan W. Blodgett

VICTIMWITNESSSERVICES

Victim Witness Advocates arelocated in the District Attorney’sOffice of each district court inEssex County and at the mainoffice in Salem. The addresses andtelephone numbers are on the back of this brochure. Pleasecontact any Advocate withquestions or concerns regarding a case. YOUR RIGHTS AND

THE COURT PROCESS

Gloucester District Court197 Main StreetGloucester, MA 01930(978) 283-3701

Haverhill District CourtJames P. Ginty BoulevardHaverhill, MA 01830(978) 374-0380

Ipswich District Court188 State StreetNewburyport, MA 01950(978) 462-3511

Lawrence District CourtFenton Judicial CenterTwo Appleton StreetLawrence, MA 01840(978) 683-4300

Lynn District Court121 Central AvenueLynn, MA 01901(781) 599-8094

Lynn Juvenile Court139 Central AvenueLynn, MA 01901(781) 599-3890

NewburyportDistrict Court188 State StreetNewburyport, MA 01950(978) 462-3511

Peabody District CourtOne Lowell StreetPeabody, MA 01960(978) 532-4140

Salem District CourtThe J. Michael Ruane Judicial Center56 Federal StreetSalem, MA 01970(978) 744-5681

Essex County OfficesDistrict Attorney Jonathan W. Blodgett

Victim Witness Services

Main Office (978) 745-6610TTY (978) 741-3163mass.gov/da/essex

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