Marsy’s Law – Advocating for Crime Victims in California

As former prosecutors, the attorneys at Radford & Rome, LLP know that the criminal justice system too often overlooks the people it is supposed to protect. California’s Victims’ Bill of Rights—better known as Marsy’s Law—amended the state constitution in 2008 to give victims clear, enforceable rights. While prosecutors and law enforcement are obligated to respect those rights, victims frequently feel left out of the process or unsure of how to make their voices heard. Our firm regularly represents victims seeking to assert their rights when the prosecution or police fail to do so. We help clients navigate Marsy’s Law, push for cases to be filed or reconsidered, and stand with victims throughout every stage of a criminal case.

What Is Marsy’s Law?

Marsy’s Law is codified in Article I, Section 28(b) of the California Constitution and in Penal Code § 679.026. It spells out seventeen rights that victims of crime are entitled to. Some of the most important include:

To be treated with fairness and respect and to be free from intimidation and harassment. Victims’ privacy must be protected by redacting personal information from court filings, and courts should ensure that victims are treated courteously.
To be reasonably protected from the defendant. Courts may issue criminal protective orders or set bail conditions to keep victims safe.
To have the safety of the victim and their family considered in setting bail and release conditions. Victims can provide statements at bail hearings so that judges consider their safety when determining whether to release a defendant.
To prevent disclosure of confidential information. Personal data or counseling records that could be used to harass or locate a victim should not be turned over to the defense.
To refuse interviews or depositions with the defense. A victim cannot be forced to speak with defense investigators without their consent and may set conditions for any interview.
To reasonable notice of and to confer with the prosecution about arrests, charges and plea deals. Prosecutors should notify victims of new developments and consult them before dismissing or reducing charges.
To reasonable notice of all public proceedings and to be present. Victims may attend court hearings, including parole and post‑conviction proceedings.
To be heard at release, plea and sentencing hearings. Victims can make oral statements or provide written impact statements before sentencing or other key hearings.
To a speedy trial and prompt conclusion of the case. Cases should not be unnecessarily delayed to the detriment of the victim.
To restitution. Courts must order convicted defendants to pay for losses resulting from the crime, and restitution payments take priority over fines.
To prompt return of property when it is no longer needed as evidence.
To be informed of parole procedures and to provide input.
To be informed of these rights. Prosecutors and law enforcement must advise victims of their Marsy’s Law rights.

These provisions are designed to ensure that victims are not forgotten. However, they often require active enforcement. Victims have standing to assert their rights in court and may retain counsel to help them do so.

How Radford & Rome Helps Victims

When prosecutors or police fail to uphold Marsy’s Law, victims can feel powerless. Our attorneys are committed to ensuring that victims’ voices are heard and their rights protected. We can:

Advocate for Filing or Reconsideration of Charges

If the district attorney or police agency declines to file charges or drops a case without meaningful explanation, we review the evidence and communicate with the prosecution to advocate for filing or reconsideration. Marsy’s Law entitles victims to confer with prosecutors about arrests and charges; we make sure that conference happens and that prosecutors understand the impact of their decisions.

Obtain Protective Orders and Safe Release Conditions

Victims have the right to be reasonably protected and to have their safety considered when bail is set. We can request criminal protective orders, argue for higher bail or stricter release conditions, and attend hearings with our clients.

Enforce Privacy and Refuse Unwanted Interviews

We ensure that confidential records and personal information remain sealed and can intervene if defense investigators attempt to contact a victim without consent. Victims have the right to refuse interviews, and we shield our clients from intimidation or harassment.

Keep Clients Informed and Involved

Prosecutors often fail to keep victims apprised of upcoming hearings or plea negotiations. We monitor court dockets, attend hearings with our clients, and make sure they receive reasonable notice of proceedings. We also help clients prepare victim impact statements so they can be heard at sentencing and other key hearings.

Seek Restitution and Return of Property

Our firm assists victims in documenting financial losses and presenting evidence at restitution hearings. Courts are required to order restitution in every case involving a victim. We also work to obtain the prompt return of property seized as evidence once it is no longer needed.

Advocate at Parole and Post‑Conviction Hearings

Victims have the right to be notified of parole hearings and to provide input on whether the offender should be released. We help clients prepare statements and attend parole hearings, ensuring that decision makers consider the safety of the victim and the public.

Why Retain Radford & Rome?

Marsy’s Law gives victims powerful rights, but those rights are only meaningful when they are asserted. As former prosecutors, we know how the system works, exactly how prosecutors are supposed to treat victims, and how to hold government agencies accountable. Our firm represents victims across Los Angeles and surrounding counties, advocating for protective orders, restitution, and fair treatment at every stage. If you feel ignored or unsafe during a criminal case, or if you believe prosecutors are failing to act, contact Radford & Rome, LLP. We will fight for your rights, guide you through the process and ensure that your voice is heard.