Q: Can I still turn in my Victim Impact Statement even though it is past the seven days?
A:Yes you can still turn it in up until two weeks before sentencing. We would prefer to have it in before then but if you can’t get us the information before seven days just get it to us as soon as possible.
Q:How do I report a crime?
A: Contact your local police agency, they are the ones that bring the criminal case to the County Attorney’s Office to be screened and see if we can file charges for the crime committed.
Q: Can the victim of a crime dismiss charges once they have been filed against a defendant?
A: No. Once there are charges in place it is the state that is prosecuting the defendant not the victim. The only people that can dismiss the case are the Prosecutor or the Judge it is then under their discretion of how to proceed with the case.
Q: Who do I call if I have a question regarding a criminal case that is being prosecuted by the Weber County Attorney’s Office?
A: Call 801-399-8377 and talk to the secretary. Have all of the case information ready such as; the defendants name and case number and she will be able to direct you to the best person to help you.
Q: Why was my case declined to be prosecuted?
A: There are many different reasons why a case has been declined. If you call the Weber County Attorney’s Office at 801-399-8377 and speak with the secretary, they can get you in touch with someone who can tell you why the case was declined.
Q: How do I find out when a defendant is going to be released from Jail or Prison?
A: Call VINE it is a toll free number that contacts victims or other people related to a crime and lets them know when an individual is going to be released from Jail or Prison so they have time to prepare. 1-877-884-8463 or www.vinelink.com
Q: I have questions on filling out the Victim Impact Statement, is there someone that can help me fill it out?
A: Yes. Call the Weber County Attorney’s Office at 801-399-8377. Ask to speak with one of the Victim Witness Coordinators. They can either help you over the phone or you can make an appointment to come in.
Q: I was at court for a preliminary hearing or a trial and had a subpoena and have not received my check yet. How long does it take before I receive it?
A: If you received a subpoena and took it to court with you to receive payment the court is the ones that process the check and it usually takes up to three weeks to process payment. Make sure you address is current on the subpoena or contact the court at 801-395-1090.
Q: I am the victim in a case and the defendant is going to be sentenced, can I speak at sentencing?
A: Yes. As a victim in a case you have the right to speak when they are sentenced. If you need help preparing a letter to read or a statement contact one of the Victim Witness Coordinators at the Weber County Attorney’s Office at 801-399-8377 and they can help you prepare a statement. If you are afraid to get up and speak in court one of the Victim Witness Coordinator’s can read a statement on your behalf.
Q: My child is a victim in a crime. Will they have to testify?
A: Yes. There are always exceptions but the general rule is yes they will have to testify if the case goes to trial sometimes at a preliminary hearing. Even though they were recorded in an interview when it comes to a trial the defendant in the case has the right to confront and cross examine their accusers.
Q: I am the victim of a crime and I don’t want to go to court, when do I have to go?
A: You do not have to come to court unless we subpoena you to be present, at that time yes you have to come. Usually it is for a preliminary hearing or a trial that we need you to testify at. We will take certain precautions to make sure that you are safe while you are at court. There are waiting rooms that you can wait in until it is your turn to testify so you do not have to sit in the court room with the defendant.
Q: I have personal effects that was taken into evidence at the time of the crime, how and when can I get these items back?
A: The items can only be released to the owner and the prosecutor is the one that can release the items back to the owner. 30 days past sentencing of the defendant you can ask the prosecutors office if they can release you items over to you. Sometimes you have to wait longer but that is the usual time period. You need to come into the Weber County Attorney’s Office with a picture id and then take the release form over to the police department that has the evidence and they will release it to you. If you have questions please call 801-399-8377.
Q: The defendant in my case was ordered to pay court ordered restitution, how do I get my money?
A: The defendant pays either the court or the probation department and they will forward the money onto you. If you have questions on whether a payment has been made or not contact the court at 801-399-1064 or Adult Probation and Parole at 801-626-3700.
Q: What am I allowed to claim for restitution?
A: Under Utah Statute 77-38a-302 it states that restitution is allowed when:
- The cost of the damage or loss if the offense resulted in damage to or loss or destruction of property of a victim of the offense.
- The cost of necessary medical and related professional services and devices relating to physical or mental health care, including nonmedical care and treatment rendered in accordance with a method of healing recognized by the law of the place of treatment.
- The cost of necessary physical and occupational therapy and rehabilitation.
- The income lost by the victim as a result of the offense if the offense resulted in bodily injury to a victim.
- Up to five days of the individual victim’s determinable wages that are lost due to theft or damage to tools or equipment items of a trade that were owned by the victim and were essential to the victim’s current employment at the time of the offense.
- The cost of necessary funeral and related services if the offense resulted in death of a victim.
Q: Will I get my restitution paid back to me all at once or in payments?
A: They will come in payments as ordered by the court. The defendant will be put on a payment schedule according to how much they can actually pay. It will take some time to start to see your restitution being paid back in full.