Victim Witness Assistance Program
District Attorney's Office
Griffin Judicial Circuit
Scott Ballard, D.A.
Victim Witness Assistance Program
Michelle Ivey, Director, Fayetteville: 770.716.4250
Karen Raines, Advocate, Thomaston: 706.647.4042 Ext. 223
Tonya Silver, Advocate, Griffin: 770.467.4325
If you are in immediate danger, dial 911
Public Speaking/Crime Prevention Programs: Our District Attorney and
the Staff of the Victim Witness Assistance Program are available to speak
or sponsor crime prevention programs throughout our communities.
General Information
The Victim Witness Assistance Program of the
District Attorney’s Office
was established to assist victims of crimes through involvement in the criminal
justice system. The primary mission of the Victim Witness Assistance Program
is to meet the statutory requirements of the Georgia Victims Bill of Rights.
This includes notification to all crime victims concerning each stage of the
criminal justice system. The Victim Witness Assistance Program also assists
to improve the treatment of victims and witnesses by providing them with the
assistance and services necessary to speed their recovery from the criminal
act and to support and aid them as they move through the criminal justice system.
The system is dependent upon the cooperation of victims and witnesses. Without
citizen cooperation to report crime and testify about criminal acts, holding
criminals accountable is virtually impossible. Studies have shown that when
victims and witnesses are treated with dignity and respect during their interaction
with the criminal justice system and are regularly informed of the status of
the case, they are more willing to be cooperative with the prosecution office.
Since the prosecution of criminal cases cannot be effected without such cooperation,
contact with and treatment of victims and witnesses directly affects the prosecution
of cases and the conviction of criminal defendants.
The Victim Witness Assistance Program is composed of trained staff members
and volunteers to help guide victims and witnesses through the maze of
the criminal justice system.
Services provided by the staff of the Victim Witness Assistance Program:
- Explanation of the steps of the criminal
justice system and the court process;
- Notification of the status of the case,
including court hearings;
- Preparing the victim and witnesses for court
appearing and providing orientation and companionship at court proceedings;
- Referrals to other community resources and
services;
- Assisting with the completion of Victim
Impact Statements, Victim Compensation Claims, and the prompt return
of the victim’s property from evidence when possible;
- Interceding with employers and school systems
when possible to explain missed time from work or school;
- Providing a safe, secure place for victims
and witnesses to wait before testifying;
- Coordinating an on-call system for court
appearances to aid victims and witnesses in avoiding lengthy absences
from work and/or school;
- Helping victims or witnesses if they
feel afraid, intimidated, or harassed.
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Volunteer Opportunities
The Victim Witness Assistance Program relies heavily upon assistance
from community volunteers to provide services to victims of crime. Volunteer
responsibilities vary from courtroom advocacy to responding to incoming
calls, depending on the ability, time commitment and devotion of each
volunteer.
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The Importance of
Victims and Witnesses:
No one expects to be the victim of or a witness
to a crime – but
it does happen. Every year many citizens of this circuit are victimized
by crimes. If you, or someone you know, are affected by crime, you may
be shocked, angered, or shamed. You will most probably feel helpless
and confused.
The Victim Witness Assistance Program was established to offer victims
and witnesses emotional support during the aftermath of the crime and
guidance through the maze of the criminal justice system.
The knowledge of a victim or witness about a
criminal case is extremely important. No crime can be solved without
the help of victims and witnesses. By citizen’s willingness to
be involved in the criminal justice system, you work with other citizens,
the police, prosecutors and the courts to reduce crime in our communities.
Most importantly, the cooperation and assistance of victims and witnesses
not only in reporting crime, but also with participating in the criminal
justice system, could prevent others from being victimized.
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Stages in the Criminal
Justice System
The Criminal Justice System can often be time consuming and confusing.
The following brief description is provided as a limited tool to explain
the general progression of a criminal case. Please note that the process
is often different in other jurisdictions and other courts depending
on the charges involved:
Criminal act occurs and is reported.
Warrant Issued – taken out by
law enforcement or victim;
Bail/Bond – Bail/bond is set
for all misdemeanor cases except when the defendant is currently
on probation or parole; in those cases, a bond may be set or the
defendant may remain in custody on a hold. If a bond is set, the
defendant may get out of jail, but is required to attend all future
court proceedings. A defendant who cannot post bond or whose bond
has not yet been set must remain in jail until he/she appears before
a Superior Court Judge for further considerations. Every defendant
charged with a criminal act is considered innocent until proven guilty
and therefore entitled to a bond except under special circumstances.
A judge has final decision about bond matters and can deny or grant
a defendant a bond at any time.
First Appearance Hearing - a hearing
held in Magistrate Court within 72 hours of arrest for defendants
unable to make bond or where no bond has been set. The charges are
read and the defendant’s
rights are explained.
Probable Cause Hearing – a hearing
held in Magistrate Court to determine if there is probable cause
to believe that the defendant committed the crime. You will be notified
if you are required to appear and/or testify.
Grand Jury/Accusation – Felony
cases can either be presented to the Grand Jury or have an Accusation
filed, depending on the nature of the charges. The Grand Jury is
a panel of citizens who review the facts of the case to determine
if the case should be bound over for trial. If the Grand Jury determines
the case meets the requirements to continue with prosecution, the
case will be indicted, also referred to as true billed, and future
court dates will be set. If the Grand Jury does not consider the
case worthy of continued prosecution, they will return a no-bill
on the case and the prosecution of the case will be terminated. Under
Georgia Law, some charges are not required to be considered by the
Grand Jury. With these cases, an accusation is filed, formally charging
the defendant with the crime, and the case is scheduled for future
court dates.
Arraignment – At this proceeding,
the defendant is informed of the formal charges against him/her and
either pleads guilty, or not guilty. If the defendant pleads guilty,
the Court may sentence him/her on that date. If the defendant pleads
not guilty, the case will be scheduled for trial on a future date.
Motions Hearings – Motions may
be filed by the defendant or the State. The Court hears the motions
and decides whether certain evidence will be admissible at trial.
You will be notified if you are needed to testify.
Trial - The trial may be a jury trial, before a panel of twelve
jurors or a non-jury trial, which is held before a judge. If the defendant
is found guilty, he/she is sentenced by the Court. Testimony of victims
and witnesses is extremely important in a trial.
Sentencing – The Court has final
discretion regarding sentencing matters. The victim always has the
right to address the Court, either verbally or by letter, with his/her
feelings about sentencing.
A defendant may plead guilty at any time during the progression
of a criminal case. Also, if he prosecutor determines that the facts
of the case contradict the goals and basis of prosecution, the prosecutor
is obligated to dismiss the case.
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Crime Victims Bill of Rights
Pursuant to the Georgia Crime Victims Bill of Rights, which was enacted
through the Georgia Legislature in 1995, victims of certain crimes are
afforded specific rights under the law. According to the Official Code
of Georgia, Title 17, Chapter 17, victims of the following crimes receive
benefits under the Crime Victims Bill of Rights:
Homicide
Assault and Battery
Kidnapping, false imprisonment, and related offenses
Reckless Conduct
Cruelty to Children
Feticide
Stalking/Aggravated Stalking
Sexual Offenses
Burglary
Arson
Theft
Armed Robbery
Sexual Exploitation of a Child
Homicide by Vehicle
Feticide by Vehicle
Serious Injury by Vehicle
In general, after the crime occurs and is reported, and upon initial contact
with a victim, law enforcement and court personnel must advise him or her
of the following:
That it is possible that the accused may be released from custody
prior to trial;
That he or she has certain rights during various stages of the criminal
justice system;
That additional information about these stages can be obtained by
contacting the pertinent state and/or local agency involved, or by
contacting the Criminal Justice Coordinating Council at 404-559-4949;
That he or she may have available to them
monetary compensation for certain out-of-pocket losses incurred as
a result of their victimization from the State’s Crime Victims
Emergency Fund (Crime Victims Compensation) which is administered
by the Criminal Justice Coordinating Council.
That he or she may have available to them
community based victim service programs and that more information
may be obtained by contacting the Governor’s Victim Assistance
Helpline at 1-800-992-6745.
Victims of crimes further have the following rights:
To be notified of each stage in the judicial process to include pretrial
hearings, bond, arraignment, motions hearings, pleas of guilty, trial,
sentencing and appeals;
To be notified of any arrest, release, possibility of release, or
escape of the accused or any change in custodial status;
To give opinions regarding release from custody or bond issues;
To a private waiting area during court proceedings;
To offer input on plea negotiations or sentence hearings or conditions;
To protection from intimidation and harm;
To receive compensation and/or restitution when eligible;
NOTE: Further details regarding the Georgia Crime Victims Bill of Rights
can be found in Title 17 of the Official Code of Georgia Annotated.
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Compensation Program
