Criminal,
Constitutional Law
Nov. 3, 2023
Prosecutors tend to remain silent about victims’ right to counsel
Although Penal Code section 679.026(b) requires that victims be told of their right to counsel, it does not specify who must tell them. Even so, it is unethical for prosecutors not to tell victims about their right to counsel.
Antonio R. Sarabia II
IP Business Law, Inc.
320 via Pasqual
Redondo Beach , California 90277
Email: asarabia2@gmail.com
In 2008, California voters passed Marsy’s Law, which put crime victims’ rights in the California Constitution. The right to counsel was included. Article I, Section 28(c)(1). People v. Smith, 198 Cal. App. 4th 415, 439 (2011), made this crystal clear: “Marsy’s Law not only gives the victim the right to restitution but also to be heard through counsel …” There is no cost to the state or county because victims must pay for their own counsel.
$95
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In