Crime Victims’ Rights: A Guide Through Missouri’s Criminal Justice System

The Missouri State Highway Patrol Cares

The Missouri State Highway Patrol strives to provide “service and protection” to all individuals living in or traveling through Missouri. The Missouri State Highway Patrol is committed to providing information about victim rights and the laws protecting them. This Crime Victims’ Rights booklet, a collaboration of the Missouri State Highway Patrol and Mothers Against Drunk Driving (MADD), is designed to do just that.

For additional assistance, contact our civilian victim advocate at 1-888-773-1800.

Who Is MADD?

Founded by a mother whose daughter was killed by a drunk driver, Mothers Against Drunk Driving (MADD) is the nation’s largest nonprofit working to protect families from drunk driving and underage drinking. One of the largest victim services organizations in the United States, MADD supports drunk and drugged driving victims/survivors at no charge. Learn more at www.madd.org or by calling 1-877-ASK-MADD.

MADD’s Mission Statement: The mission of Mothers Against Drunk Driving is to stop drunk driving, support the victims of this violent crime, and prevent underage drinking.

MADD’s Victim Services: First there’s the crash, then the lifelong impact. If you are coping with the trauma of an impaired driving crash, we offer victim assistance, grief support for injured and surviving victims, and legal advocacy. Call 1-877-MADD-HELP to speak with a victim advocate, day or night.

Crime Victims’ Rights (595.200 RSMo)

As a victim, you have the right to be treated with fairness and with respect for your dignity and privacy. Upon written request to the prosecutor of the county in which the crime occurred, you have a right to:

• Attend all proceedings that the defendant has the right to attend, even if you are called to testify.
• Support from victim advocates in exercising your rights as a victim of crime.
• Assistance and cooperation from criminal justice agencies.
• Information, case status, and copies of unaltered reports.
• Information about available witness fees, Crime Victims’ Compensation Fund, and restitution.
• Expedited return of property when it’s no longer needed as evidence.

You Have the Right to Be Notified Of:

• Hearings, pleas, sentencing, and to be heard at same.
• Changes in court proceedings, filing of charges, hearing dates, and final case disposition in a timely manner.
• The release of offender from prison or other institution, upon request to the appropriate custodial facility.

You Have the Right to Be Included in the Prosecution Process:

• By informing the court of the impact of the crime before sentencing through a Victim Impact Statement.
• By expressing your opinion about a plea agreement or sentence recommendation.
• By requesting a speedy trial.
• By having input in pretrial diversion programs.
• By bringing a supportive person to hearings.

You Have the Right to Protection From Harm:

• Tampering with a witness is against Missouri law.
• Witnesses do not have to state their addresses in court.
• Victims have the right to a separate, secure waiting area during court and reasonable protection from the defendant.
• Employers may not discipline or dismiss victims or witnesses who are called to testify in court.
• Victims have a right to reasonable protection from the defendant.

Financial Assistance

If you have suffered a physical or psychological injury as a direct result of a crime, AND you have expenses not covered by insurance or medical assistance, you may be eligible for financial help through the Missouri Crime Victims’ Compensation Fund. The fund is a payor of last resort. Therefore, any compensation paid is reduced by the amount of any payments, benefits, or awards from or on behalf of the offender, private or public insurance programs, public or private funds, including workers’ compensation awards.

Victims May Recover Up to a Total of $25,000 For:

• Medical costs including ambulance, hospital, physician, dental work, and prescriptions.
• Mental health costs directly related to the crime including psychological counseling.
• Lost wages, up to a maximum amount, due to a disabling physical or psychological injury that resulted directly from the crime.
• Loss of support for dependents of a deceased or injured victim, up to a maximum amount, to replace the victim’s financial contribution to the family.
• Preparation and burial expenses up to $5,000.

For More Information, Contact:

What Should You Do?

If You Have Been the Victim of a Drunk Driving Crash:

1. Get a copy of the crime reports. Requests for reports must be made to the agency that generated the report. You will need to know the date and the scene of the crime. Ask for all reports by report number, if known.
2. Call the investigating officer and report ALL errors in the crime reports immediately. Look for BAC (Blood Alcohol Content) laboratory reports. If no BAC was obtained, and the report shows suspicion of alcohol and/or drug use, inquire why the tests were not administered.
3. Ask to be kept informed about the case. Find out if the prosecutor or investigating agency has a victim advocate. Secure your rights as a crime victim by sending written notification to the prosecutor of the county where the crime occurred. A sample letter is provided in this booklet.
4. Keep all records and record all expenses related to the case. Document everything you can in writing, take pictures, etc.
5. Request a MADD court advocate to accompany you to court.

Call 1-800-736-6233 or 1-877-623-3435 (24 Hour Help Line)

Deadlines Important to Victims of Drunk Driving Crashes:

1. You have two years from the date of the crash to file a compensation claim with Crime Victims’ Compensation.
2. In a civil dram shop claim (an illegal liquor sale to the offender), you have five years from the date of the illegal sale to file the claim.
3. In a civil suit claiming negligence, you have five years from the date of the crash to file the claim.

Sample Letter to Secure Your Rights

The law states that your rights as a crime victim shall be extended to you upon your written request to the prosecutor of the county in which the incident occurred. Below is a sample of a letter which you may use to send to the prosecutor.

[Date]

[Prosecutor’s Name]
[Address]
[City, State and Zip]

Re: State of Missouri vs. [Defendant]
Case Number: [If known]

Dear [Prosecutor’s Name]:

Regarding the above-mentioned individual, I request to be informed of any and all developments in this person’s criminal case in a timely manner. I am particularly interested in filing of charges, preliminary hearing dates, trial dates, continuances, and final disposition of case.

I wish to take an active part in the prosecution of this individual. I intend to submit a Victim Impact Statement and take an active role in making sure the sentence is carried out to the fullest.

Sincerely,

[Your Signature]
[Your Name]
[Address]
[City, State, and Zip]
[Home Phone Number]
[Work Phone Number]

Missouri DWI Laws

Statute of Limitations for Filing of Charges (Section 556.036 RSMo.)

• Felony — 3 years
• Misdemeanor — 1 year
• Felony — 3 years

DWI/Driving While Intoxicated (Section 577.010 RSMo.)

• First Offense — Class B Misdemeanor
• Prior Offender — Class A Misdemeanor
• Persistent Offender — Class E Felony (death or injury)
• Aggravated Offender — Class D Felony (death or injury)
• Chronic Offender — Class C Felony (death or injury)
• Habitual Offender — Class B Felony (death or injury)

Leaving the Scene of a Motor Vehicle Injury Crash (Section 577.060 RSMo.)

• Class A Misdemeanor — First Offense — Leaving the scene
• Class E Felony — Result in injury or $500 property damage or second offense
• Class D Felony — Results in death

Sentencing Guidelines (Sections 558.002 and 558.011 RSMo.)

• Class A Misdemeanor — up to 1 year in jail and/or $2,000 fine
• Class B Misdemeanor — up to 6 months in jail and/or $1,000 fine
• Class E Felony — Not less than 0 years and not more than 4 years in prison, or life in prison
• Class D Felony — Not less than 0 years and not to exceed 7 years in prison
• Class C Felony — up to 3–10 years in prison and/or $10,000 fine
• Class B Felony — up to 5–15 years in prison and/or $20,000 fine

Sentencing may be served Concurrently (in an overlapping manner) or Consecutively (one after the other).

BAC Chemical Test Refusal

License revoked for 365 days.

Criminal Prosecution Process

First Appearance/Arraignment

The defendant is formally notified of the charges filed, advised of his or her rights, and bail is set. If the defendant cannot afford an attorney, a public defender is appointed by the court to represent the defendant.

Pretrial Hearing

At the pretrial hearing, the case is formally set for trial on a specific date. Often a plea agreement is offered and discussed at this time. The defendant may plead guilty and proceed to sentencing.

Trial

At the trial both the prosecutor and the defense attorney are put to the test of presenting their case before a judge or a jury. The judge or jury will then review the evidence they have heard and make a decision of guilty or not guilty. The prosecutor must prove the defendant guilty beyond a reasonable doubt.

Sentencing

If the defendant pleads guilty or is found guilty following a trial, the judge will order a sentencing assessment report (SAR). The SAR will include the defendant’s criminal history and personal background. The individual conducting the SAR (usually a probation officer) will contact the victim(s) of the crime to determine how they have been impacted by the defendant’s actions. The SAR enables the judge to learn more about the defendant so he or she is better able to impose the proper sentence.

After the SAR has been completed, the defendant goes before the judge for sentencing. The victim(s) may attend the sentencing and will be given the opportunity to express how the crime has affected them, and what sentence they feel would be appropriate. This is known as a Victim Impact Statement. The victim may also request that the court order the defendant to pay restitution for any monetary loss caused by the defendant’s crime.

Victim Impact Statement

In Missouri, every crime victim is entitled to inform the officials in the criminal justice system of how the crime has impacted their life in the form of a Victim Impact Statement. The Victim Impact Statement, which is done before sentencing, helps to empower the victim by allowing him or her to speak on their own or their loved one’s behalf, convey the crime’s harm to the defendant and to the court, and provide information to the sentencing judge.

The Victim Impact Statement should follow the parameters set by the court or the prosecutor. It may be presented orally or in written format and include pictures or visual aids. The prepared statement should be given to the prosecuting attorney for review and early placement into the court record.

After the case is over, send a copy of the final Victim Impact Statement to the Department of Corrections for inclusion in the offender’s file. This ensures that the statement follows the offender through incarceration and is read by the Parole Board at each parole hearing.

Important Elements of an Effective Victim Impact Statement:

• Begin preparing your statement early; it can be difficult to write.
• Without retrying the case, illustrate how an “actual person” was harmed by the crime.
• Share details about who the victim was and the human consequences of the offender’s actions.
• Request that the judge consider the full impact of the crime and provide what consequences you think are appropriate.

Additionally, the Division of Probation and Parole will make a recommendation to the court regarding the sentencing of the defendant if he or she has been found guilty. This is called a Sentencing Assessment Report. Victims may participate in this report.

Understanding Grief

Nothing in life is more painful than the violent and senseless death of a loved one. People have grieved for as long as there has been life, but grief is still not fully understood. Researchers have been able to identify predictable stages of grief, but there is no universal law describing how one should or should not react to death. Each person grieves differently, yet not so differently that he or she cannot find fellowship with others who are suffering.

Understanding more about the uniqueness of your grief will not change how you feel about your loved one. You may feel more angry than you have ever felt and sadder than you thought possible. You may have frightening thoughts. You may do strange things. You may be afraid that you are “going crazy.”

How You Grieve Depends on a Number of Things:

• The way you learned to cope with stress in your life before this tragedy.
• The quality of the relationship you had with the person who was killed.
• The circumstances under which your loved one was killed.
• Your religious beliefs and ethnic customs.
• The emotional support you have from your family and friends while grieving.

Seek the support and understanding of others who have gone through the same kind of trauma. Call your MADD chapter or seek counselors who understand the grief that follows your kind of loss and trauma. You do not have to handle this alone. Grief support and assistance is available throughout Missouri. Please call MADD at (573) 636-2460 or 1-800-736-6233 for more information.

Children’s Grief

How do children experience the death of someone they love? Do they experience the sadness that adults feel? What can children understand about death? These are common questions caretakers ask when helping children face the death of a loved one. Children go through many different levels of understanding death as they grow older.

In times of grief, children need additional love, support and structure in their lives. This is often when the family is least able to help. Death is difficult for adults to understand and explain, and the misconception that children are not really affected by grief has kept us from giving our children the help they need. Children who do not receive help with grieving learn to repress and deny their feelings.

Resource Directory

Victim Assistance Programs & Resources

• MADD, National Office (Dallas, Texas): (214) 744-6233
• MADD, Missouri State Office: (877) MADD-HELP, (877) 623-1435
• MADD, St. Louis: (314) 736-6233
• MADD, Central Missouri (Jefferson City): (573) 636-2460
• MADD, Heartland (Kansas City): (816) 381-4505
• MADD, Ozark Mountain: (417) 893-3868
• Anna’s Hope (Grief Support for Children): (248) 965-5075
• Crime Victim Center (St. Louis): (314) 362-3623
• Legal Assistance: (314) 664-6699
• Crime Victims’ Compensation Fund (Jefferson City): (800) 347-6881
• Department of Corrections, Office of Victim Services (Jefferson City): (573) 526-6038
• Department of Revenue, Driver License Records (Jefferson City): (573) 751-4475
• Missouri Attorney General, Crime Victim Advocate (Jefferson City): (573) 751-0309
• Missouri State Highway Patrol, Filling a V.O.I.D. Advocate: (573) 526-6372, (888) 773-1800
• SIERAN Institute (Trauma Resource Specialist): (800) 832-6682
• The Compassionate Friends (Grief Support for Adults): (877) 969-0010
• The Dougu Center (Grief Support for Children): (800) 775-5683
• Victim Connect Resource Center: (855) 484-2846
• The Victim Center: (417) 863-7273, 24-hr Hotline: (417) 864-4273

Missouri State Highway Patrol Troop Headquarters

• General Headquarters, Jefferson City: (573) 751-3313
• Troop A, Lee’s Summit: (816) 622-0800
• Troop B, Macon: (660) 385-2132
• Troop C, Weldon Spring: (636) 300-2800
• Troop D, Springfield: (417) 895-6868
• Troop E, Poplar Bluff: (573) 840-9500
• Troop F, Jefferson City: (573) 751-1000
• Troop G, Willow Springs: (417) 469-3121
• Troop H, St. Joseph: (816) 387-2345
• Troop I, Rolla: (573) 368-2345

Note: A complete directory of all 115 Missouri prosecuting attorney offices with phone numbers is available in the original printed brochure. Contact your county courthouse or the Missouri Attorney General’s Office for prosecuting attorney contact information.

Crime Victim Hotline

Contact