
Victim and Witness Services
Reporting a Crime and the Formal Criminal Complaint Process
If you believe that you or a family member for which you are responsible have been the victim of a crime:
Go to the police station in the city/town closest to where the incident/offense took place.
Get a Police Incident Report form and fill out the form.
Submit the form to the police.
If police have probable cause to make an arrest and file a formal application for complaint, the relevant court will hold a hearing at which the person complaining and the person accused of the crime can share their versions of what has taken place. If the court issues a formal complaint on behalf of the Commonwealth, the District Attorney’s office will decide whether or not the case will be prosecuted.
If the case will be prosecuted, you can consult with a Victim and Witness Advocate from our office. These advocates help victims of and witnesses to crime navigate the criminal justice system, providing information, support, and referrals.
In cases involving domestic violence and/or child abuse, to protect the personal safety of yourself or those in your care throughout the process, a Victim and Witness Advocate can also direct you to resources that will help you obtain a restraining order.
More information on obtaining a restraining order for victims of domestic violence is available here.
The District Attorney’s office also strives to make victims and witnesses aware of their rights and more knowledgeable of how legal proceedings work. In an effort to further this goal, we present information on the Massachusetts Victim Bill of Rights as well as common legal terminology below.
The Massachusetts Victim Bill of Rights
The Massachusetts Victim Bill of Rights provides rights and services to crime victims and survivors to ensure a meaningful role for them in the criminal justice system. While the Bill of Rights applies to all crimes, victims and survivors of violent crimes are given priority status for services. The following rights may apply to you (for more, see Massachusetts General Law Chapter 258B, “Rights of Victims and Witnesses of Crime,” or online here.
The Right to Be Informed
You have the right to be informed of how a criminal case progresses through the system, what your role is in the process, what will be expected of you, and why. You have the right to be informed of rights and services available to victims in the criminal justice system. You have the right to assistance in applying for social services, financial assistance and certification to receive information about an offender.
You have the right to be updated on significant developments in the case. You have the right to be notified in a timely manner of any changes in schedule for court appearances for which you have been ordered to appear. You have the right to be notified of the final disposition of the case, including an explanation of the type of sentence imposed and a copy of the conditions of probation, if any. You have the right to be notified by the offender’s supervising probation officer whenever that offender seeks to change a probation order.
Upon request, you have the right to advance notification whenever the offender is moved to a less secure correction facility. Upon request, you have the right to advance notification whenever the offender receives a temporary, provisional or final release from custody. Upon request, you have the right to immediate notification whenever the offender escapes from custody. You have the right to be informed by the Parole Board of the offender’s parole eligibility. If eligible, you have the right to obtain additional information about the offender, such as a criminal record or the offender’s compliance with the terms of a sentence.
The Right to Other Protections in the Criminal Justice System
You have the right to request confidentiality during the court proceedings for yourself and family members regarding personal information such as home address, telephone number, school and place of employment.
You have the right to certain protections by law enforcement from harm or threats of harm caused by your cooperation with the court process. You have the right to be provided with a safe and secure waiting area, which is separate from the defendant and the defendant’s family during court proceedings.
You have the right to a prompt disposition of the criminal case involving you.
You have the right to refuse or agree to participate in interviews with the defense team before trial, or to set reasonable conditions on the conduct of any such interview if you choose to be interviewed.
You have the right to request intercession by the prosecutor’s office with your employers or creditors if the crime or your involvement in the court process causes problems in meeting work or payment obligations.
If you are a survivor of a homicide victim, you have the right to bring a small picture of your loved one into the courtroom.
You have the right to receive referrals for assistance to statewide resources and local social service agencies.
You have the right to have property seized as evidence returned to you as soon as possible once it is no longer needed for law enforcement purposes.
Understanding Common Legal Terms
Essex County District Attorney Paul F. Tucker understands that, especially for those who have never been involved in a criminal complaint before, the court process can be intimidating or confusing. To support victims of crime during what can be a very challenging time, we share some common legal terms below. These terms are shared for general informational purposes only and are not intended to constitute legal advice.
Arraignment: The first time the defendant appears in court. The charges against the defendant are read in court and the defendant pleads guilty or not guilty to the charges. The judge determines bail and the conditions of the defendant’s release.
Bail: An amount of money paid to the court to assure the defendant will return to court in the future. Risk of “flight” (leaving the area), danger to community, and danger to an individual may be considered. Factors like employment, community ties, and what the defendant would lose by failing to appear may also be relevant.
Complaint: A formal document issued by the court describing the criminal charges against the defendant.
Continuance: The postponement of a court event to a future date. Please note: every effort is made to notify victims and witnesses in a timely manner when a court event is moved to a new date. A telephone check-in to your Victim/Witness Advocate the day before the court event may help avoid an unnecessary trip to court.
Defendant: The person who faces criminal charges.
Motion: A request to the court for a specific action. A common example is a request to change an upcoming court date. The judge determines whether a motion is granted/approved or denied.
Pre-trial Conference: A meeting between a prosecutor and a defense attorney to discuss the merits of the case, exchange information, and possibly work out a plea agreement.
Sentencing: If a defendant is found guilty, a judge determines a sentence (or punishment) based on guidelines as to the crime committed and the defendant’s criminal history, if any. The sentence may include imprisonment, fines, probation, restitution (payment to the victim for financial losses suffered because of the crime), and/or other conditions. If the defendant is found not guilty, the defendant is free to go, receives no sentence, and cannot be tried again on the same charge(s).
Summons: An order by the court for an individual to appear on a certain date and time to testify in a criminal matter. Failure of the person to appear may result in the issuance of a warrant for their arrest.
Trial: A legal proceeding in court in which the facts of a case are presented by a prosecutor and a defendant or defense attorney. The defendant can decide to be tried by a jury, or they can waive that right and be tried by a judge alone. To best understand the criminal justice system, you may wish to discuss all possible outcomes with your Victim/Witness Advocate.
Victim Impact Statement: A written or oral statement to the court from a victim or family member of a victim that details the physical, mental/emotional, and/or financial impacts of a crime. The statement may include a recommendation for sentencing the defendant.
Seeking Compensation Related to a Crime
The Massachusetts Attorney General’s Office has a fund to help victims and family members with certain out-of-pocket expenses related to a crime. Examples include medical and dental bills, mental health counseling expenses, lost wages, loss of support, and funeral expenses up to $8,000. Applications may be obtained online at the link below or from your Victim/Witness Advocate in the court, and can be submitted to:
Victim Compensation and Assistance Division
Office of the Massachusetts Attorney General
One Ashburton Place
Boston, MA 02108
You can find the application online here:
Victims: You Are Not Alone
If the Office of the District Attorney will prosecute a case in which you are a victim, your Victim and Witness Advocate will help you understand your rights and the legal process. These staff are located in every court in Essex County and are trained in helping victims during what may be a very challenging time. Victim and Witness Advocates will increase your familiarity with the criminal justice system as you prepare for your court experience.
