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This
guide is intended to provide basic information to victims and their families
regarding the criminal justice process, victim's rights, and various
victim/witness assistance and support resources.
The trauma experienced
by victims of violent crimes is often magnified when they do not understand how
and why the system works as it does. The following is a general idea of what
procedures are followed in the days and weeks after a crime has occurred. After
a police report is taken, it is forwarded to the appropriate unit (Homicide,
Robbery, etc.) for investigation. Detectives are assigned to contact victims,
witnesses, and suspects and gather information to be included in the case file.
When the case file is complete, it is sent to the prosecutor's office for review
and the possible filing of charges. The case is then scheduled for various
hearings and a trial date may eventually be set.
It is important for
victims to participate and cooperate in this process as much as possible. In
doing so, they not only may provide valuable assistance and information to
detectives, they also gain some sense of control over what has happened to them.
In turn, it is the responsibility of the detectives) to maintain contact with
victims and their families during the course of an investigation and keep them
informed of the status of the case. After a case has been submitted to the
prosecutor's office and charges have been filed, that prosecutor's office may be
contacted with questions regarding arraignments, bond hearings, trial dates, and
sentencing.
Victims and their families should expect and insist upon
competent and compassionate treatment from all personnel arid agencies involved
in violent crimes investigations. Any behavior which suggests otherwise should
be reported to the appropriate commander, supervisor, or prosecution team
leader.
VICTIM'S
RIGHTS
Per
RSMO 595.209, all victims of dangerous felonies are to be informed they have
certain rights. They include, but are not limited to; the right to be present at
all criminal justice proceedings; to be informed of the filing of charges, court
dates, continuances, and final disposition of a case; to be informed of any
probation revocation or parole hearings and to be heard at such hearings; the
right to reasonable with law enforcement and prosecution efforts; and the right
to be informed of the release of a defendant on bond, work release program,
furlough, etc.
RESOURCES
Each
county prosecutor's office within the Kansas City, Missouri city limits has a
Victim Services office which can provide reliable answers to victim's questions,
solutions to issues arising from the experience, and most importantly, provide
guidance in a victim's participation with the criminal justice system.
Organizations such as MOCSA, the Ad Hoc Group Against Crime, etc. also provide
assistance, counseling, and support for victims and their
families.
VICTIM
COMPENSATION
The
state of Missouri administers a crime victim compensation program which provides
victims of violent crimes and/or their families with financial assistance when
applicable. This program is managed by the Crime Victim's Compensation (CVC)
Unit of the Division of Workers' Compensation in Jefferson City, Missouri.
Requests for application forms or information regarding this program can be
obtained by contacting the Violent Crimes Division CVC liaison at
816-234-5205.
VICTIMS
AND THE MEDIA
The
media is a very noticeable presence at most major crime events. If you are
contacted by a member of the press you should know that you have the right to
say no to an interview. You may be in a highly emotional or vulnerable state at
the time the media wishes to speak with you and you are not obligated whatsoever
to speak to the media. If you choose to do so, however, you have the right to
request a specific reporter and to select the time and location for an
interview. You may refuse to speak with other reporters even if you have
previously given an interview to someone else. You may also release a written
statement through a spokesperson or advocate of your choice in lieu of an
interview. You may also request that offensive photographs or other visuals be
omitted from broadcast or publication. NOTE: It is strongly recommended that
prior to dealing with the media, victims consult with detectives, prosecutors,
or victim advocates. This will prevent hindering ongoing criminal investigations
and the subsequent prosecution of any suspects.
VICTIMS
OF A HIT AND RUN
Will
your case be investigated for criminal prosecution?
What can you do to seek
restitution for damages resulting from this hit and run accident ?
Criminal
prosecution requires positive identification of the "driver" of the hit &
run vehicle. Although the license number is used to identify the registered
owner of the vehicle, it can not be used alone for criminal prosecution without
a witness who can positively identify the driver.
If you or a witness can
identify the "driver" by viewing a photo lineup and are willing to appear in
court if necessary, the case will be assigned to a detective for investigation.
Hit and run accidents on private property or involving parked vehicles normally
will not be assigned for investigation.
If your hit and run accident is
assigned to a detective for investigation, you will receive a letter within
approximately two weeks from the date of the accident. You will be instructed to
call the detective.
The process for seeking restitution for damages
occurs through civil litigation. No identification of the hit and run driver is
necessary. If a license number or vehicle identification number (VIN) was
obtained at the time of the hit and run, you or your insurance company may
acquire vehicle registration and vehicle owner information from the following
agencies:
Missouri
Department of Revenue
Motor Vehicle Bureau
PO. Box 100
Jefferson City,
Missouri 65105
1-573-751-4509
Kansas Department of Revenue
Docking
State Office
Building #157
Topeka, Kansas
66626
1-785-296-3298
Note:
If the license of the vehicle is registered in a state other than Missouri or
Kansas, you will need to contact that state's Department of Revenue to obtain
the information needed. The police department can not give out vehicle
owner/registration.
If you have any additional questions, don't hesitate to call the Traffic
Investigation Section at 816-482-8190.
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