Victim / Witness Information

If you are the victim of a crime being prosecuted by our office, you have many important rights. After a defendant is charged with a crime, you will receive a Victim’s Rights Notification Form in the mail. In order to fully exercise and benefit from your rights, which are set out in detail below, please promptly complete the form and return it to the Coeur d’Alene Prosecuting Attorney’s Office at the following address:

710 E. Mullan Ave., Coeur d'Alene, ID 83814

Failure to promptly return this form may prevent you from receiving the full benefit of your rights.

Victim Bill of Rights

Article I, section 22 of the Idaho Constitution provides that crime victims have certain rights during a criminal proceeding; those rights have been enshrined in a statute that also further defines who qualifies as a victim and must be afforded these rights.  Specifically, a victim is defined as someone “who suffers direct or threatened physical, financial, or emotional harm as the result of the commission of a [criminal] offense.”  I.C. § 19-5306(5)(a).  The term “criminal offense” is further defined to mean “any charged felony or a misdemeanor involving physical injury, or the threat of physical injury, or a sexual offense.” I.C. § 19-5306(5)(b).

The Idaho Constitution and corresponding state statute require that crime victims must be:

1. Treated with fairness, respect, dignity and privacy throughout the criminal justice process;
2. Permitted to be present at all criminal justice proceedings, including probation proceedings;
3. Entitled to timely disposition of the case;
4. Given prior notification of trial court, appellate, probation, and parole proceedings; and, upon request, given information about the sentence, incarceration, placing on probation, or release of the defendant;
5. Heard, upon request, at all criminal justice proceedings considering a plea of guilty, sentencing, incarceration or release of the defendant unless manifest injustice would result;
6. Afforded the opportunity to communicate with the prosecution and to be advised of any proposed Plea Agreement by the prosecuting attorney prior to entering into a plea agreement in criminal offenses involving crimes of violence, sex crimes or crimes against children;
7. Allowed to refuse an interview or other contact with the defendant or with any other person acting on behalf of the defendant -- unless such request is authorized by law;
8. Have stolen or other personal property held by law enforcement agencies returned as soon as it is no longer needed for evidence; and
9. Notified whenever the defendant is released or escapes from custody.
   
   

Victim Impact Statements

As the named victim in the case, you have a right to be present at sentencing and provide a Victim Impact Statement (VIS). It is your chance to tell the defendant and the court how the defendant’s conduct has impacted you at the time of the offense and afterwards.  You can do that by speaking in open court (including by reading a prepared statement), or the prosecutor can provide that information to the court on your behalf by reading your written statement, filing it into the case, or summarizing it and referencing key points during the sentencing argument.

The VIS can cover not only the impact of the current conduct, but also any relevant history of similar conduct leading up to the offense.  The VIS can also express to the court what you want to see from sentencing, whether that be jail time, treatment, or whatever else you want the court to consider when sentencing the defendant. 

There’s no specific length requirement or limit, but it’s always a good idea to be respectful of the court’s time by keeping your VIS as focused as possible.  Additionally, your VIS cannot include any name calling or insults directed towards the defendant.  Remember, your VIS will be conveyed in a courtroom setting, so it must remain “court appropriate” in terms of content.  However, this doesn’t prevent you from conveying the facts of what occurred, no matter how explicit they might be.  For example, if the defendant’s conduct included verbal abuse in the form of vulgar insults and name calling, you may convey the defendant’s own words to the court.  If you have any questions regarding preparation of your VIS, please contact our office.

Subpoenas

A subpoena is a court order directing you to be present at the time and place stated. You will be personally served with your subpoena. Bring the subpoena with you when you go to court because it will assist the court in processing the witness fees the law entitles you to receive. It also reminds you which court you are required to appear in and the exact time of your appearance. After receiving the subpoena, immediately call the Coeur d’Alene Prosecuting Attorney’s Office and ask for the attorney assigned to the case; his or her name will appear on the subpoena. This allows the attorney an opportunity to discuss with you the facts of the case and the nature of the proceedings in which you will testify. Keep in mind that it is perfectly proper for the attorney to discuss the case with you prior to the court date.

How do I find out when hearings for the case will occur?

There are several ways to monitor criminal case proceedings, including upcoming court dates.  First, if you are a victim of a crime that involved violence or the threat of violence, our office will notify you of major developments in the case as well as every upcoming court date.

There is also VINE (Victim Information and Notification Everyday). You can sign up at the link or by calling toll-free at 1-800-9VINE-ID (1-866-984-6343). VINE is a service through which victims of crime can use the telephone or Internet to search for information regarding the custody status of their offender and register to receive telephone and e-mail notification when the offender's custody status changes. This service is provided to assist victims of crime who have a right to know about their offender's custody status.

For all others wanting information regarding a case being handled by our office, the public iCourt case search portal is a good place to start. From there you can look up any case by the case number if you have it, or you can search for all cases associated with a defendant's name.

You may also contact our office at 208-769-2323 or [email protected].  Please note that we cannot divulge details associated with active cases being prosecuted by our office to anyone who is not directly involved (i.e., the defendant, any victim(s), and necessary witnesses).