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440.5 Notice to crime victims of case disposition

January 20, 2018 New York Penal Code

The New York Crime Victim’s Bill of Rights gives crime victims the right to participate in criminal cases. The purpose of the Crime Victim’s Bill of Rights is to give victims a voice. They have a right to participate at all stages of the proceedings. They have a right to know what charges the state brings, and they have a right to give input at various stages throughout the case.

Case disposition

New York law 440.5 gives crime victims the right to notice of the outcome of the case. Even though victims may participate in the case as it progresses through the courts, a victim still has the right to a formal, written notice of the disposition of the case. The district attorney’s office is the agency responsible for giving the notice. Within 60 days of the final hearing on the case, the district attorney’s office must send the victim a letter stating the final outcome of the case.

What does the notice contain?

The final disposition means the outcome of the case. It may mean the sentence that the defendant receives from the court. In cases where there’s a conviction, the ultimate disposition of the case occurs at sentencing. If the district attorney declines to authorize charges or files charges and later dismisses them, the final disposition occurs when they make the decision to decline to proceed with charges.

If the defendant goes to prison for an indefinite period of time, the victim’s notice must include information about participating in parole proceedings. The victim has a right to notice of parole hearings and interviews. They also have a right to give input into these proceedings. The disposition letter that the victim receives under New York law 440.5 provides information about how to participate in parole hearings.

In some cases, a victim must request the notice

A victim’s rights are not always automatic. In some cases, the victim has to request them. The right to notice of the final disposition of the case is automatic if the offender receives a conviction for many types of felonies. In other cases, the victim must request a notice of the final disposition of the case.

Can the victim reject a plea offer?

Ultimately, it’s still up to the district attorney to determine how to handle the case. Even though the victim gives input, it’s the district attorney that decides what charges to bring and whether to enter into a plea agreement. The victim can give input for what they believe is an appropriate sentence, but it’s up to the judge to determine the appropriate sentence for the offense.

How to advocate for your rights

If you’re the victim of a crime, it’s important to make contact with the district attorney’s office and inform them that you want to participate in the proceedings. If you ever have questions about your rights or how to participate in the case, don’t hesitate to contact the district attorney’s office to ask for more information. Their office should be in touch with you about how to make your voice heard and participate in the proceedings.

If you’re convicted of a crime

When you’re convicted of a crime, the victim has a right to make a statement at sentencing. It’s important to allow the victim the opportunity to speak. An experienced New York criminal attorney can help you during the sentencing process. If you want to challenge questions of fact that may arise during sentencing, your lawyer can help you present the information in a tactful way that’s carefully calculated to help you put your best foot forward during your sentencing hearing.



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