Marsy's Law for North Carolina

FAQs

• What is the victims’ rights amendment known as Marsy’s Law that passed in November 2018?

  Marsy's Law for North Carolina is a state constitutional amendment that gives crime victims a set of guaranteed, enforceable rights throughout the criminal justice process. These rights live in the constitution itself rather than in statute, so they can't be quietly changed or chipped away session to session by the legislature.
  
  North Carolina voters approved Marsy's Law in November 2018 with more than 62 percent of the vote, and it took effect the following year once lawmakers passed the implementing legislation. In practice, that means a victim can request to be notified of court proceedings involving the accused, to be present and heard at those proceedings, to receive timely notice if the offender's custody status changes, to reasonably confer with the district attorney's office, and to receive restitution when the court orders it.
  
  Marsy's Law doesn't alter the district attorney's authority, and it doesn't take anything away from a defendant's right to a fair trial or due process. It simply guarantees that victims have a voice and a way to stay informed in a process that, for too long, treated them as bystanders in their own case.

• How does Marsy’s Law provide rights to victims of crime?

  Marsy's Law guarantees meaningful and enforceable rights to crime victims in several important ways, including:

  • The right, upon request*, to reasonable, accurate, and timely notice of court proceedings of the accused.
  • The right, upon request*, to be present at court proceedings of the accused.
  • The right to be reasonably heard at court proceedings involving a plea that disposes of the case or the conviction, sentencing, or release of the accused.
  • The right to receive restitution in a reasonably timely manner, when ordered by the court.
  • The right to be given information about the crime, how the criminal justice system works, the rights of victims, and the availability of services for victims.
  • The right, upon request*, to receive information about the conviction or final disposition and sentence of the accused.
  • The right, upon request*, to receive notification of escape, release, proposed parole or pardon of the accused, or notice of a reprieve or commutation of the accused's sentence.
  • The right to present the victim's views and concerns in writing to the Governor or agency considering any action that could result in the release of the accused, prior to such action becoming effective.
  • The right to reasonably confer with the district attorney's office.
    
    

  *Victims must “request” or “opt-in” to receive these rights. Learn more here.

• How can I assert my right to be heard at court proceedings?

  If you attend a covered court proceeding, the judge is required to ask whether you are present and whether you would like to be heard. If you choose to speak, the court must give you that opportunity.

  You may exercise your right to be heard by:

  • Making an oral statement in court.
  • Submitting a written statement.
  • Submitting an audio or video statement, when permitted by law.

  If you have questions about participating in a court proceeding, contact the prosecutor's office or your victim advocate before the hearing.
  
  Tip: If you are unable to attend a hearing in person, ask the prosecutor or your victim advocate whether you may submit a written, audio, or video statement instead.

• What do I do if I believe my rights have been violated?

  If you believe your victims’ rights have been violated, you may file a Motion and Order to Enforce Rights of Crime Victim (Form AOC-CR-182) with the Clerk of Superior Court in the county where your criminal case is pending. There is no fee to file the motion.

  If your concern involves the district attorney’s office or a law enforcement agency, you must first submit a written complaint directly to that office or agency and give it an opportunity to address the issue. If the matter is not resolved, you may then file a motion with the clerk and include a copy of your written complaint.

• Does Marsy's Law infringe on the rights of the accused?

  Marsy’s Law respects the rights of the accused and does not change the Constitutional protections that ensure fair trials and due process for criminal defendants.

  Marsy’s Law simply gives victims of crime in North Carolina a voice in the criminal justice process.

• Where can I read the text of the amendment?

  North Carolina Art. I, § 37. Rights of victims of crime, can be found here.