Office of the Commonwealth’s Attorney
Victims & witnesses
If a felony case involves you, Kentucky law gives you rights, and there are people and programs that can help.
Your rights
What the Kentucky Constitution guarantees
In 2020 Kentucky voters added Section 26A to the state constitution. It is often called Marsy’s Law, and it gives crime victims a voice in the criminal case.
State law adds more detail in the Crime Victim Bill of Rights (KRS 421.500 to 421.575).
The Attorney General’s guide to Marsy’s Law (opens in a new tab)
As a victim, you have the right
- To timely notice of every court proceeding in the case
- To be present at those proceedings, other than the grand jury
- To be heard at any proceeding about release, a plea, sentencing, or a pardon or commutation
- To proceedings free from unreasonable delay
- To consult with the prosecutor handling the case
- To reasonable protection from the accused and anyone acting for the accused
- To be told, on request, if the accused is released or escapes
- To have your safety and your family’s safety considered when bail and release conditions are set
- To full restitution from the person convicted
- To fairness, and to consideration of your safety, dignity and privacy
- To be told about these rights, and to ask a court to enforce them
Working with the office
What to expect from the prosecutor
Kentucky law asks prosecutors to keep victims informed. If you give the office a current address and phone number, it will make every reasonable effort to tell you promptly about court dates and schedule changes.
The prosecutor will also consult you about how the case may be resolved, including a dismissal, the defendant’s release before trial, a plea agreement or a diversion program.
The prosecutor represents the Commonwealth rather than any one person, and makes the final decisions in the case. Your views matter, and you have the right to give them.
At sentencing
Victim impact statements
A victim impact statement is your own written account of how the crime affected you and your family: physically, emotionally and financially.
The judge must consider it before deciding on a sentence or on the defendant’s release (KRS 421.520). You can also say what you think the sentence should be and what restitution you are owed.
Keep receipts, bills and records of time lost from work. They help the court set restitution.
Staying informed and safe
Help while the case is open
Know when custody changes
VINE is a free, confidential service that tells you by phone, text or email when an offender is released, transferred or escapes. Register at VINELink (opens in a new tab) or call (800) 511-1670, any time of day.
Protective orders
A judge can order a person to stay away from you. Petitions are filed with the Campbell Circuit Court Clerk at the courthouse, 330 York Street in Newport. The clerk’s office has the forms and can explain the steps: (859) 292-6314.
Help with the costs of a crime
Kentucky’s Crime Victims Compensation program can help eligible victims of violent crime with costs such as medical care, counseling, lost wages and funeral expenses when there is no other way to pay. Claims generally must be filed within five years. Apply through the Office of Claims and Appeals (opens in a new tab) or call (502) 782-8255.
If someone threatens you
It is a crime to threaten or pressure a victim or witness about a case. If you are in danger, call 911. Tell the police and the prosecutor about any contact that worries you, and keep messages or voicemails.
Witnesses
If you are called to testify
Cases depend on people who are willing to tell a court what they saw or heard.
Kentucky law protects your job. An employer may not fire or penalize you for taking time off to obey a subpoena (KRS 337.415).
- A subpoena is a court order. Read it for the date, time and courtroom, and bring it with you.
- Tell the office right away if you have a conflict or your contact details change.
- Arrive early and dress as you would for an important appointment.
- Tell the truth. If you do not know or do not remember, say so.
- Listen to each question and answer only what was asked.
- Do not discuss your testimony with other witnesses.