When You Are The Victim
N.J.S.A. 52:4B-36 — the crime victim's bill of rights
The bill of rights. The Legislature declares that crime victims and witnesses are entitled to a list of rights. Among them:
- To be treated with dignity and compassion, and to be informed about the criminal justice process.
- To be free from intimidation, harassment or abuse by the defendant or anyone acting for the defendant.
- To be told in a timely manner, if practicable, when presence in court is not needed or a proceeding is adjourned or cancelled.
- A secure, but not necessarily separate, waiting area during court proceedings.
- To be advised of case progress and the final disposition, and to confer with the prosecutor's representative.
- The prompt return of property when it is no longer needed as evidence.
- To submit a written statement about the crime's impact, considered before the prosecutor decides on charges, a pretrial program, or a plea.
- To consult with the prosecutor before plea negotiations conclude, and to have the court told of the victim's position.
- To make an in person statement directly to the sentencing court before sentencing.
- To be present at any judicial proceeding involving a crime, and to be notified of any release or escape of the defendant.
Standing to enforce them. A victim may appear in any court where a proceeding implicating the victim's rights is held, with standing to file a motion or argue a motion to enforce those rights, and to receive the court's decision on it.
Several of these rights apply only on request, or only to the offenses the section names. How they apply in a particular case is a question for a licensed New Jersey attorney.
Sources for this section (1)
- N.J.S.A. 52:4B-36 — Findings, declarations relative to rights of crime victims, witnesses
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed New Jersey attorney.