As defined in Article 56, Texas Code of Criminal Procedure, a victim of a violent crime is someone who: (1) has suffered bodily injury or death as a result of criminally injurious conduct, or who has been the victim of a crime involving sexual assault, kidnapping, or aggravated robbery; (2) is the close relative (spouse, parent, brother, sister, or adult child) of a victim; or (3) is the guardian of a victim. As a victim of violent crime, you have the following rights:

(1) the right to receive from law enforcement agencies adequate
protection from harm and threats of harm arising from cooperation
with prosecution efforts;
 
(2) the right to have the magistrate take the safety of the victim
or his family into consideration as an element in fixing the amount
of bail for the accused;
 
(3) the right, if requested, to be informed:                                  
 
(A) by the attorney representing the state of relevant court
proceedings, including appellate proceedings, and to be informed if
those proceedings have been canceled or rescheduled prior to the
event;  and
 
(B) by an appellate court of decisions of the court, after the
decisions are entered but before the decisions are made public;
 
(4) the right to be informed, when requested, by a peace officer
concerning the defendant's right to bail and the procedures in
criminal investigations and by the district attorney's office
concerning the general procedures in the criminal justice system,
including general procedures in guilty plea negotiations and
arrangements, restitution, and the appeals and parole process;
 
(5) the right to provide pertinent information to a probation
department conducting a presentencing investigation concerning the
impact of the offense on the victim and his family by testimony,
written statement, or any other manner prior to any sentencing of
the offender;
 
(6) the right to receive information regarding compensation to
victims of crime as provided by Subchapter B, including information
related to the costs that may be compensated under that subchapter
and the amount of compensation, eligibility for compensation, and
procedures for application for compensation under that subchapter,
the payment for a medical examination under Article 56.06 for a
victim of a sexual assault, and when requested, to referral to
available social service agencies that may offer additional
assistance;
 
(7) the right to be informed, upon request, of parole procedures, to
participate in the parole process, to be notified, if requested, of
parole proceedings concerning a defendant in the victim's case, to
provide to the Board of Pardons and Paroles  for inclusion in the
defendant's file information to be considered by the board prior to
the parole of any defendant convicted of any crime subject to this
subchapter, and to be notified, if requested, of the defendant's
release;
 
(8) the right to be provided with a waiting area, separate or secure
from other witnesses, including the offender and relatives of the
offender, before testifying in any proceeding concerning the
offender;  if a separate waiting area is not available, other
safeguards should be taken to minimize the victim's contact with
the offender and the offender's relatives and witnesses, before and
during court proceedings;
 
(9) the right to prompt return of any property of the victim that is
held by a law enforcement agency or the attorney for the state as
evidence when the property is no longer required for that purpose;
 
(10) the right to have the attorney for the state notify the
employer of the victim, if requested, of the necessity of the
victim's cooperation and testimony in a proceeding that may
necessitate the absence of the victim from work for good cause;
 
(11) the right to counseling, on request, regarding acquired immune
deficiency syndrome (AIDS) and human immunodeficiency virus (HIV)
infection and testing for acquired immune deficiency syndrome
(AIDS), human immunodeficiency virus (HIV) infection, antibodies
to HIV, or infection with any other probable causative agent of
AIDS, if the offense is an offense under Section 21.11(a)(1),
22.011, or 22.021, Penal Code;
 
(12) the right to request victim-offender mediation coordinated by
the victim services division of the Texas Department of Criminal
Justice;  and
 
(13) the right to be informed of the uses of a victim impact
statement and the statement's purpose in the criminal justice
system, to complete the victim impact statement, and to have the
victim impact statement considered:
 
(A) by the attorney representing the state and the judge before
sentencing or before a plea bargain agreement is accepted;  and
 
(B) by the Board of Pardons and Paroles before an inmate is released
on parole.
 
(b) A victim, guardian of a victim, or close relative of a deceased
victim is entitled to the right to be present at all public court
proceedings related to the offense, subject to the approval of the
judge in the case.
 
(c) The office of the attorney representing the state, and the
sheriff, police, and other law enforcement agencies shall ensure to
the extent practicable that a victim, guardian of a victim, or close
relative of a deceased victim is afforded the rights granted by
Subsection (a) of this article and, on request, an explanation of
those rights.
 
(d) A judge, attorney for the state, peace officer, or law
enforcement agency is not liable for a failure or inability to
provide a right enumerated in this article.  The failure or
inability of any person to provide a right or service enumerated in
this article may not be used by a defendant in a criminal case as a
ground for appeal, a ground to set aside the conviction or sentence,
or a ground in a habeas corpus petition.  A victim, guardian of a
victim, or close relative of a deceased victim does not have
standing to participate as a party in a criminal proceeding or to
contest the disposition of any charge.

Crime Victims' Compensation

(i) Medical, counseling, prescription and rehabilitative services;
(ii) Partial loss of earnings because of a disability resulting from personal injury, participation in the criminal justice process, or seeking medical treatment;
(iii) Child care for minor children to enable a victim or spouse of a deceased victim to continue employment;
(iv) Certain funeral and burial expenses;
(v) Reasonable costs associated with crime scene cleanup;
(vi) Reasonable replacement costs for clothing or bedding taken as evidence or made unusable as a result of the criminal investigation of a sexual assault;
(vii) Travel expenses necessary to participate in the criminal justice process and/or seek medical treatment;
(vii) One-time payment of certain relocation expenses in domestic violence and sexual assault
Reimbursement for property damage or loss is not an eligible expense.

1. The crime must be reported to law enforcement within a reasonable amount of time unless there are justified extraordinary circumstances.
2. Claim must be filed within three years unless good cause can be shown as to why the claim wasn't filed.
3. The victim must cooperate with law enforcement and prosecution efforts.
4. The victim must be the innocent victim of a violent crime who suffers personal injury.

Assistance Information Links

Victim's Compensation Information

The National Center For Victims Of Crime

Federal Victims of Crime Act

US Dept of Justice Violence Against Women Page

Mothers Against Drunk Driving

Parents of Murdered Children

National Organization of Victim Assistance

The New Mexico Coalition Against Domestic Violence
(NOTE: This out-of-state resource is presented because it contains an enormous number of well organized links to Domestic Violence information, statistics, and national resources. It should be noted that information on that site which is specific to New Mexico may or may not have applicability in Texas.)

Other Useful Resources / Contacts

• Family Violence affects not only the victim and abuser, it affects the children, friends and family, and our community.
• Abuse can be physical (pushing, slapping, grabbing, hitting, kicking, choking, cutting, burning, dragging, shooting, stabbing, murder)
• Abuse can be sexual (demeaning remarks about your gender, accusations of being unfaithful, unwanted touching, forced sex)
• Abuse can be emotional (criticism, name calling, shouting, making all the decisions for you, humiliating and ridiculing you in public, lying and manipulation)

Drinking and Driving is a Crime and a Choice.

District Attorney

Phone: 936-642-2401
Fax: 936-642-2040

Trinity County Courthouse Annex
P. O. Box 400
Groveton, TX 75845