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Victim Input at Plea Stage

Most states provide victims with some level of prosecutorial consultation about a negotiated plea agreement. However, the extent of participation varies. In some states, victims have a general right to confer with the prosecutor. In others, victims are entitled to prior notice of a plea agreement. Some states are more specific:

Prosecutor Required to Obtain Views of Victim Prior to Plea Agreement

      Alabama Louisiana Oregon
      Arizona Maine Pennsylvania
      Connecticut Michigan Rhode Island
      Delaware Minnesota South Dakota
      Florida Montana Virginia
      Georgia New Jersey Washington
      Illinois New York West Virginia
      Indiana North Carolina  

Prosecutor to Inform Court of Victim's Views re. Plea Agreement

      Arizona Minnesota South Dakota
      Maine Oregon Washington

Certification of Compliance with Court

Court may not accept plea agreement unless advised by prosecutor that reasonable efforts were made to obtain views of victim, and that victim was notified of rights to participate in plea proceedings:

Alabama, Arizona, Indiana, Mississippi, Virginia

States that require prosecutors to state notification efforts in court:

Delaware, Maine, Oregon, Utah

States with some other check:

Nebraska, Ohio

Victim Has Right to Be Heard at Plea Entry

      Arizona Maryland New York
      Colorado Minnesota Oklahoma
      Connecticut Missouri Rhode Island
      Idaho Montana South Dakota
      Indiana New Hampshire Texas

Provided by The National Center for Victims of Crime 2111 Wilson Boulevard, Suite 300 Arlington, VA 22201
Tel. 703.276.2880 Fax. 703.276.2889



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