When You Are The Victim
Crim. Proc. art. 56A.051 — the rights of a victim, a guardian, or a close relative of a deceased victim
Written into the Code of Criminal Procedure. A victim, a guardian of a victim, or a close relative of a deceased victim is entitled to a list of rights within the criminal justice system. The prosecutor's office and the sheriff, police and other law enforcement agencies ensure, to the extent practicable, that they are provided, with an explanation of them on request.
- Adequate protection from harm and threats of harm arising from cooperation with prosecution efforts.
- To have the magistrate consider the safety of the victim or the victim's family in setting the amount of bail.
- If requested, notice of relevant court proceedings at least five business days before each one, and of cancellations or rescheduling as soon as possible.
- Information about compensation to victims of crime, and on request, referral to social service agencies.
- To provide information on the offense's impact to the department conducting a presentencing investigation.
- A waiting area separate or secure from other witnesses, including the defendant and the defendant's relatives, before testifying.
- The prompt return of property held as evidence once it is no longer required.
- On request, to have the prosecutor tell the victim's employer that the victim's cooperation and testimony require absence from work for good cause.
- To complete a victim impact statement and have it considered by the prosecutor and the judge before sentencing or before a plea bargain is accepted, and by the parole board.
Being there. A victim, guardian, or close relative of a deceased victim is entitled to be present at all public court proceedings related to the offense, subject to the approval of the judge in the case.
Parole. The victim may participate in the parole process, provide information to the board for the defendant's file, and on request be notified of parole proceedings, a release on parole, and any revocation.
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 Texas attorney.
Sources for this section (1)
- Crim. Proc. art. 56A.051 — General rights of crime victims
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.