Victim's Rights and Responsibilities

Victim's Rights

From Paragraph IV Constitution of the State of New Mexico, Article 11, Section 24: "Victim's Rights"

A victim of arson resulting in bodily injury, aggravated arson, aggravated assault, aggravated battery, dangerous use of explosives, negligent use of a deadly weapon, murder, voluntary manslaughter, involuntary manslaughter, kidnapping, criminal sexual penetration, criminal sexual contact of a minor, homicide by vehicle, great bodily injury by vehicle, abandonment or abuse of a child, armed robbery or stalking/aggravated stalking or that victim's representative shall have the following rights as provided by law:
  1. The right to be treated with fairness and respect for the victim's dignity and privacy throughout the criminal justice process;
  2. The right to timely disposition of the case;
  3. The right to be reasonably protected from the accused throughout the criminal justice process;
  4. The right to notification of court proceedings;
  5. The right to attend all public court proceedings the accused has the right to attend;
  6. The right to confer with the prosecution;
  7. The right to make a statement to the court at sentencing and at any post-sentencing hearing of the accused;
  8. The right to restitution from person convicted of the criminal conduct that caused the victim's loss or injury;
  9. The right to information about the conviction, sentencing, imprisonment, escape or release of the accused;
  10. The right, if requested by the victim, to have the prosecuting attorney notify the victim's employer of the necessity of the victim's cooperation and testimony in court proceeding that may necessitate the victim's absence from work for good cause;
  11. The right to promptly receive any property belonging to the victim that is being held for evidentiary purposes by a law enforcement agency or the prosecuting attorney, unless there are compelling evidentiary reasons for retention of the victim's property.

Victim Responsibilities

To be guaranteed your full rights under the Constitutional Amendment and Bill of Rights, you must:
  • Promptly report the crime to police
  • Cooperate with law enforcement officials investigating the crime
  • Testify at the Defendant's trial
  • Tell authorities if your address changes