Good Samaritan Program
This program is administered by the State of California under the Victim Compensation and Government Claims Board (VCGCB). The can offer some compensation to Good Samaritansfor their damages suffered. A Good Samaritan is someone who attempts to prevent a crime, arrest a suspect or rescue a person in danger. Should the Good Samaritan die as a result of their attempts, then the family is entitled to some form of compensation for their loss. The maximum claim is $10,000. The application for compensation can be found at the web site: http://www.boc.ca.gov/victims/goodsam.aspx.
Victim Compensation Program
This program is also run by the VCGCB and offers assistance to those victims of violent crimes who have incurred losses as a result of the crime. This may involve medical expenses, funeral expenses, wage loss, counseling services, and possible costs for relocation expenses. Depending on the situation, some people can get an emergency award from the program. Other local resources are listed at the Victim Compensation and Government Claims Board web site.
Restitution Recovery Program
Recovery Program is also administered by the state. Under the law,
a victim has a right to ask for restitution from the defendant in the
criminal proceedings. The preferred method is to let the prosecuting
attorney know, prior to sentencing, what your losses are. Also,give
the same information to the probation department. You have the right
to ask the court to order the defendant to pay for your losses, which
the court refers to as restitution. In most cases, the judge will order
full restitution, absent some unusual circumstances.
If the court orders restitution, the amount of restitution is the equivalent of a money judgment under Penal Code §1214(b). This amount is probably not subject to discharge in bankruptcy should the defendant attempt to discharge the debt.
Victim Witness Assistance
Proposition 8, the Victims' Bill of Rights, was enacted in 1982. This law was designed to offer greater rights and better protection to victims of crime. Proposition 9 (Marsy's Law), another initiative passed by the voters in November, 2008, was an attempt to expand those rights. It was an attempt to make certain victim's rights part of the constitution. According to the State Attorney General, it would accomplish the following:
In addition, it would require restitution is all cases and
give a priority to restitution whenever there was a collection of fines, fees
and restitution. -
Written by Patrick
H. Kelly, Attorney at Law
- Written by Patrick H. Kelly, Attorney at Law
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