Seven things to do in the first days
- 1Choose one contact person for the police and the prosecutionOne family member who receives the notices and passes them on. Every police station has a designated officer for crime victims, and the State Attorney has a victim assistance unit. Ask for their name and number.
- 2Register for the notification systemMost notices under the law are sent only to those who asked (section 8(c)). You register with the police notification system, and the family receives updates on arrest, release, transfer of the file to the prosecution and indictment.
- 3Write down everything you know, and pass it on through the lawyerWho saw, who heard, messages, earlier threats. Information the family holds is sometimes the missing evidence. Do not investigate yourselves and do not contact the suspect's family: it is dangerous, and it can hurt the case.
- 4Do not talk to the media without advicePublishing details from the investigation can damage evidence and serve the defence. Sometimes the right publication, at the right time, actually helps. That is a decision taken together, not in a conversation with a reporter in the hour of grief.
- 5Keep every document and every expenseDeath certificate, medical documents, burial and mourning expenses, lost income, psychological treatment. All of these are the basis for compensation in the criminal proceeding (section 77 of the Penal Law) and for a civil suit afterwards.
- 6Ask for the help you are entitled toThe eligibility committee for victims of homicide (the Ministries of Justice and Welfare and the police) assists with mourning expenses and support. The welfare hotline is 118. And for families of murder victims: state legal aid with no means test (Legal Aid Law, item 14 of the Schedule).
- 7Bring a lawyer of your own earlyAlready at the first detention hearings. The family has no standing as a party, but it may be present, and its lawyer passes a position, information and requests to the prosecution. Those who arrive represented, count.
These are general rules. In the first meeting we build a plan according to the stage of the case and what the family wants to achieve.
The family's rights, by law
- 1To be a "crime victim"When the offence caused death, the rights pass to the family in order: spouse, children, parents, siblings. "Family member" includes a common-law partner who lived with the deceased for two years. Someone not on the list can act through someone who is.Rights of Crime Victims Law, sections 2 and 22
- 2To know what stage the case is atA right to information on the stage of the proceeding, and in serious violent offences also notices of the arrest and release of the suspect, of the transfer of the file to the prosecution, of an indictment and of the details of a plea bargain. Most notices only to those who registered.Rights of Crime Victims Law, sections 8 and 10
- 3To see the indictmentA right to inspect and receive a copy of the indictment, or of the arrangement to close the case, also through the lawyer. Refusal only by the district attorney, for special reasons to be recorded.Rights of Crime Victims Law, section 9
- 4To state a position before a plea bargainBefore the prosecutor signs a plea bargain or an arrangement to close the case, a right to state a position. In murder and serious violent offences, orally or in writing before the district attorney. The court must verify this was done before approving the arrangement. It is not a veto, but it is a right that carries weight.Rights of Crime Victims Law, sections 16 and 17
- 5A victim statement and a family reportThe family may submit a written statement on the harm and the damage, and the prosecutor must put it before the court at sentencing. In murder and homicide the court may also order a probation service report on the family of the deceased.Rights of Crime Victims Law, section 18; Criminal Procedure Law, section 187(c)
- 6Protection, privacy and a companionProtection from the accused and their associates in court. Address, workplace and phone are not disclosed in the investigation material and the indictment. A right to a companion at the police interview and at closed-door hearings.Rights of Crime Victims Law, sections 6, 7, 14 and 15
- 7A position before early release and pardonA right to state a position before the parole board and before a decision on pardon. From 1.12.2026 the position before the parole board can also be given orally, under amendment 21 to the law.Rights of Crime Victims Law, sections 19 and 20
- 8An appeal against closing the caseIf the police or the prosecution decided to close the case, a right to appeal within 60 days of the notice: to the district attorney, the State Attorney or the Attorney General, depending on who decided. A reasoned appeal, with the evidence that was not examined, reopens cases.Criminal Procedure Law, sections 64 and 65
A breach of a right under the law does not void the proceeding and is not a cause of action (section 21). So the rights are exercised in real time, or not at all.