MOVA—Advocating for Victim Rights in Missouri 

MoVA is a network of individuals from across the state of Missouri who come together to work toward creating a community responsive to crime victims. Over the years, MoVA has been instrumental in promoting change in the criminal justice system. Through the selfless, dedicated work of MOVA’s membership, Missouri continues to be at the forefront of the victims’ rights movement. 
 
 

CONSTITUTIONAL & STATUTORY RIGHTS OF CRIME VICTIMS
IN THE STATE OF MISSOURI

 
 
All of the following rights are available to Missouri victims of crime through Revised Missouri Statute 595.  They are automatically provided in the case of dangerous felonies and specific crimes and must be requested for others.   Victims have the right:

 SPECIFIC TO LAW ENFORCEMENT:

  • To be informed about the crime.
  • To be informed of the status of any case concerning a crime against the victim.
  • To be informed of availability of crime victim compensation, and emergency crisis intervention services.

SPECIFIC TO LAW ENFORCEMENT, CUSTODIAL AUTHORITIES:

  • To be informed of any release of the accused on bond or for any reason, in advance of the release.
  • To be informed within 24 hours of escape from a facility and any subsequent recapture of the person.

 SPECIFIC TO PROSECUTING ATTORNEYS:

  • To information about the status of the case, availability of crime victim compensation, and coordination of services with community providers.
  • To be present at all criminal justice proceedings at which the defendant has such right.
  • To be informed in a timely manner of the filing of charges, preliminary hearing dates, trial dates, continuances, and case disposition within five days.
  • To confer and be informed regarding bail hearings, guilty plea hearings, sentencing hearings, probation violation hearings, and the right to be heard at such hearings.
  • To reasonable protection from the defendant or a person acting in behalf of the defendant.
  • To be informed of the status of charged and submitted cases and any decision not to file charges on a submitted case.
  • To be informed of procedures to apply for witness fees.
  • To assistance for return of the victim’s property under defined conditions.
  • To be provided with creditor intercession services.
  • To a speedy disposition of the case.
  • To notification of the date, time, and locations of hearings.
  • To submit a written statement or make an appearance to the court prior to the acceptance of a plea bargain.

 SPECIFIC TO JUVENILE PROCEEDINGS:

  • To be informed of the availability of victim compensation, help in documenting losses, and crisis intervention services.
  • To be present at juvenile proceedings where the offense would have been a felony if committed by an adult.
  • To be informed and heard at juvenile hearings, probation revocation and parole hearings.
  • To be informed of the release from juvenile detention or Division of Youth Services.

 SPECIFIC TO THE COURTS:

  • To request restitution.
  • To exemption from employer disciplinary action or discharge for honoring a subpoena.
  • To a secure waiting area.
  • To submit a written statement or to appear and speak at the time of sentencing.

 SPECIFIC TO CORRECTIONs OR TO MENTAL HEALTH FACILITY:

  • To be informed of any transfer or release, in advance of the release.
  • To be informed within 24 hours of escape from a facility and any subsequent recapture of the person
  • To be informed of the projected date of release from confinement.
  • To be informed of scheduled parole or release hearings, with at least 30 days notice.
  • To be informed of any decision by the Governor to commute a sentence or to pardon.
  • To be notified within 30 days of the death of such person.

 SPECIFIC TO PAROLE HEARINGS:

  • Victim/representative may bring one other person.
  • Victim/representative may testify with or without the inmate present.
  • Victim/representative may call, write or send and audio/video taped message to the Board in lieu of personal appearance.
  • Right to notification, upon request, of parole eligibility results.

 SPECIFIC TO THE ATTORNEY GENERAL:

  • To speedy appellate review of the case.
  • Upon request, the right to be informed of the status of the case while on appeal.

 For a full description of these rights, see RSMo.595.200 and 595.209; 595.212/215; and Article I, Section 32 of the Missouri Constitution.

http://www.moga.mo.gov/STATUTES/C595.HTML

Visit the Missouri Department of Public Safety to find Victim Services in your area.