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Office of the District Attorney, Tony Rackauckas, Orange County DA
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Victim’s Rights Pre-trial or Before Preliminary Hearing

 Victim’s Rights Pre-trial or Before Preliminary Hearing

A.      Government Code § 6254(f): Right to request name withheld from certain police reports.

B.      Penal Code § 841.5: Prohibits law enforcement agencies from disclosing to any arrested person, or to any person who may be a defendant in a criminal action, the address or telephone number of any person who is a victim or witness in the alleged offense.

C.      Penal Code § 964: Right to confidentiality of all “confidential personal information” in police reports.

D.      Penal Code § 1054.2: Prohibits the defense attorney from disclosing to a defendant, members of the defendant’s family, or anyone else, the address or telephone number of a victim or witness.

E.      Penal Code § 1054.8: Prosecutor, defense attorney, or investigator required to clearly identify him/herself and who he/she represents before questioning or speaking to a victim or witness.

F.      Penal Code § 136.2: Right to request a protective order where there is good cause to believe that a victim or witness may suffer from harm, intimidation or dissuasion by the defendant or any other person who comes before the court.

G.     Penal Code § 679.02(a)(9): Right to expeditious return of property.

H.      Penal Code §§ 1407 – 1413: Provides for the expeditious return of property held as evidence.

I.        Penal Code § 1270.1: Court must consider potential danger to other persons, including threats that have been made by the detained person and any past acts of violence during bail hearing.

J.       Penal Code § 1275: Court must consider alleged injury to the victim and alleged threats to the victim or a witness to the crime charged during bail hearing.

K.      Penal Code § 939.21: Right of child victim to have support persons present in grand jury proceeding.


 

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