⚖ Victim and Witness Rights in Massachusetts

The rights of victims and witnesses in Massachusetts criminal proceedings are set forth in M.G.L. c. 258B, Section 3. These rights include, but are not limited to, the following:

For victims,

to be informed about the case’s progress and to receive periodic updates, if requested;
to be present at all court proceedings;
to be informed about financial assistance and other social services available to victims;
to speak with the prosecutor before trial, disposition, or sentencing;
to speak with the probation officer before he or she files a presentence report;
to request restitution as part of the case’s final disposition;
to be heard, either in person or through a written statement, by the court prior to sentencing or disposition;
to be notified by the prosecution if/when there is a disposition in the case;
to have property that was taken as evidence returned within ten days or “as expeditiously as possible” after the property is no longer needed for the case;
to be informed of the defendant’s parole status or eligibility;
to be notified if/when the defendant is released from custody;
to be informed by the prosecutor if there may be grounds to file a civil lawsuit against the defendant.

For victims and witnesses,

to receive protection from law enforcement when needed due to participation in the case;
to have a prompt disposition of the case;
to be notified of their right to request confidentially to the extent permissible by law;
to be provided with a secure waiting room, away from the defendant and his attorney, inside the courthouse;
to be informed by the prosecutor of any witness fees that maybe available;
to be provided with employer or creditor “intercession services” when appropriate;
to be protect against threats or acts taken by an employer due to absence from work due to a subpoena to appear in court;
to be informed of the right to decline an interview with defense counsel or his investigator.

The statute describes these rights as “basic and fundamental” though “priority for services [will be] provided to victims of crimes against the person and crimes where physical injury to a person results.”