FAQ

Q. As a victim of crime, what exactly do I have a right to?

A. CRIME VICTIMS HAVE TWELVE ENUMERATED RIGHTS:

1) Treated with fairness & respect for their dignity & privacy.
2) Timely disposition of the case.
3) Reasonable protection from the accused.
4) Notification of court proceedings.
5) Attend all court proceedings.
6) Confer with the prosecution.
7) Make statement at sentencing & any post- sentencing hearing.
8) Restitution.
9) Information about the sentencing, imprisonment, escape or release of the accused.
10) Notification to employer of potential absences due to necessity of cooperation of prosecution.
11) Prompt return of property not needed for evidence.
12) Explanation by judge at sentencing of effect of meritorious deductions on offender’s sentence.

Q. If I have rights as a victim of a crime, don’t the prosecutors and courts know that?

A. Sometimes they do, but what has happened in the criminal justice system is the offender’s rights are much more widely known and protected and always have an attorney to help them have their rights protected. Unfortunately, crime victims are NOT provided an attorney and usually are uninformed of their rights and their rights are violated frequently.

Q. Do I get a free attorney to help me assert my rights?

A. If you are a victim of a violent crime and feel your rights have been violated, we can review your case and determine if you need representation in the court case and we will try to locate a pro bono or low bono attorney to help you.

Q. Can I hire my own attorney?

A. Yes, if you wish to have a private attorney to review your case and let you know if there is a case to be made for civil damages. Sometimes, there is not a civil case to pursue usually due to lack of any assets the offender has or has access to. However, it should not cost you anything to speak with an attorney and there is a statute of limitation (usually 3 years in New Mexico) on filing civil cases after a crime has occurred. Generally, you want to wait for the criminal case to conclude before moving forward with a civil suit.

Q. What does ‘financial recovery’ mean?

A. There are several avenues to help in your financial recovery. If you are a victim of a violent crime or the next of kin of a victim who has died as the result of a criminal act, you may apply (in English or Spanish) to the New Mexico Crime Reparations Commission to recover certain expenses. Some expenses you may be able to recover include:

* Medical and dental expenses
* Mental health counseling
* Lost wages
* Funeral costs

You must provide receipts or documentation, always keep a copy of your receipts as they will not be returned to you. The Crime Victim Compensation Board does not compensate for loss of property or property damage. There are conditions which must be met to be eligible for compensation, and eligibility does not guarantee an award.
The other financial recovery can be restitution, which the court orders after conviction and it becomes part of the sentence for the offender. Any out of pocket expenses stemming from the crime can be ordered to be repaid to you by the offender.

Q. I’ve been a victim of identity theft, what should I do?

A. Contact one of the credit reporting agencies’ fraud alert departments and place a fraud alert on your credit report. This prevents identity thieves from opening accounts in your name. Many credit card companies offer no-cost fraud protection where you would not be held financially responsible for charges made to your account by thieves who steal your personal information. In order to receive the most protection possible, though, it is important you call one of the credit reporting agencies as soon as you possibly can.
The credit reporting agency you contacted must contact the other two. Each agency will place a fraud alert on their version of your credit report. For the next 90 days, your creditors and other businesses that want to offer you credits will see the alert on your credit report. If anyone asks for credit in your name, the appropriate lender will contact you to verify your identity and find out if you asked for credit. Periodically check your credit reports over the next year to make sure no new fraudulent activity has occurred.

Equifax Fraud Department
1-800-525-6285

Experian Fraud Department
1-888-397-3742

Contact your lenders, banks, and insurance companies and let them know the situation. Ask to close accounts.
Victims of identity theft are entitled to a free credit report. Wait about a month before you request it. Some activity may take a while to show up on your report.
File a police report—it is proof of the crime. If the credit reporting agencies need to investigate fraudulent activity on your report, they will need this police report.

Q. How do I obtain a police report?

A. If you know which police department took the report, you would contact that department and let them know you were the victim and give them the incident date and location of where it happened. They will instruct you how to access a copy of the report. If you don’t know which law enforcement agency took the report, call us and we might be able to help you determine who it was and direct you there to get a copy of the report.

Q. How can I apply for an order of protection or a restraining order?

A. Contact New Mexico Legal Aid at 1-833-545-4357. Many times a victim advocate in your local police department or domestic violence agency can assist you as well.

Q. How can I find out if the person who committed a crime against me is in jail?

A. New Mexico has a VINE system which you can register with to be notified of status of the offender. VINE is a free and anonymous telephone service designed to provide two important features to crime victims: information and notification. VINE is available to callers 24-hours a day, 365 days a year. VINE – Victim Information and Notification Everyday (Click here to register)

Q. What does jurisdiction mean?

A. It usually means wherever the crime occurred, they (law enforcement, prosecutors, courts) have jurisdiction over the case. It can be defined geographically (city or county, state or federal) or as a Judicial District which would have ‘jurisdiction’ of the case, again usually in the area where the crime occurred. If someone is robbed in Alamogordo, but lives in Las Cruces, the victim should report the crime to the Alamogordo Police Department, or Otero County Sheriff’s Office or the nearest NM State police office, not in Las Cruces. Assuming the offender is caught and arrested, the case will be in the Alamogordo court.