Victim’s Rights / Marsy’s Law

The 2020 Kentucky Constitutional Amendment referred to as Marsy’s Law provides the following rights to you as a crime victim:

  1.  You have the right to be treated with fairness, respect, dignity, and to be protected from intimidation or harm throughout the criminal and juvenile justice process
  2.  You have the right, upon request, to be informed about victims’ rights, criminal proceedings, and if the accused is arrested, released, or escapes
  3.  You have the right to have your safety, dignity, and privacy to be considered
  4.  You have the right to be heard at bond, bail release, pleas, or sentencing
  5.  You have the right to proceedings free from unreasonable delay
  6.  You have the right to be present at criminal proceedings
  7.  You have the right to consult with prosecution
  8.  You have standing to assert your rights, have an attorney assert your rights, or request the Attorney for the Commonwealth assert your rights
  9.  You have the right to full restitution paid by the convicted
CLICK HERE TO LEARN MORE ABOUT MARSY’S LAW

FREQUENTLY ASKED QUESTIONS:

  • CAN I DROP THE CHARGES?
    • I didn’t want the person arrested and charged with a crime, can I drop the charges? No, once the defendant is charged with a crime by a law enforcement officer, the victim can not drop the charges. Only a prosecutor, after a careful review of the case, can make the determination to dismiss a case. We certainly understand that there are many reasons why a victim may want a case dismissed, and our prosecutors will take the victim’s desired outcome into consideration when evaluating the case. 
  • HOW CAN I CHANGE THE NO CONTACT ORDER TO ALLOW CONTACT?
    • If the judge has ordered the defendant to have “no contact with the victim” but you want contact with the defendant while the case is pending, you need to contact the victim advocate or prosecutor assigned to the case. 
  • WHAT IS THE PENALTY RANGE FOR THE DEFENDANT?
    • That depends on if the defendant is charged with a class A misdemeanor (such as Assault 4th Degree) or a class B misdemeanor. A class A misdemeanor is punishable by up to a $500 fine, 12 months in jail, or both. A class B misdemeanor is punishable by up to a $250 fine, 90 days incarceration, or both.
    • In every case, the prosecutor also has the discretion to recommend probation in lieu of incarceration. 
  • HOW LONG WILL THIS CASE TAKE TO RESOLVE?
    • If the prosecutor and the defendant’s attorney are able to reach a plea bargain, the case can be resolved quickly. 
    • If the case can not be resolved and one side requests a trial by jury, the case could last for several months or longer. The COVID-19 pandemic is causing a large backlog and all cases are moving slower than normal. 

Do you want notifications about court dates for your case? Follow these steps!

To receive notifications of court dates:
1) go to www.vinelink.com
2) Choose “Kentucky”
3) Click “Find an Offender Court Case”
4) Enter the Defendant’s Name or the Case Number
5) Click the “VINE” button next to the defendant’s name
6) Click “Notify me of Changes”
7) Enter your phone number and/or email address
8) Click Continue
9) Click “Yes, Register”

CONTACT THE ROCKCASTLE COUNTY ATTORNEY’S OFFICE