As a crime victim in Oregon, you have legal rights. Some rights go into effect automatically, but there are others that must be requested by the victim. Some rights only apply when the case involves certain types of crimes or offenses. You may select or make changes to the rights you’d like to request through the Case Companion portal at any time.
If you have questions about requesting your rights please contact the District Attorney’s Office at 503-988-3222.
The rights listed here are protected by law and given to victims in all adult and juvenile court cases. How they are applied can change depending on the details of each case. This page provides a basic overview of victim rights, if they are automatic or need to be requested, and what types of cases they apply to. This information is intended to help you understand and request the rights available to you. However, it is not legal advice. You don’t have to have an attorney to represent you in the criminal case, but you may choose to consult a victim rights attorney to ensure your rights are fully protected or receive guidance on specific legal concerns related to the case. Learn more about resources for victims.
Right to notification
You have the right to attend court hearings when the offender is going to be there. If you request, you have the right to be told about these hearings before they happen. Through the Case Companion portal, you can request automated text message or email notifications of hearings. You can also request notifications directly from the District Attorney’s Office at 503-988-3222.
Having information about what is happening during your case can help you make decisions that feel right for you. For example, you may want to be notified every time the offender is going to be in court for your case, or you might prefer to receive notice only when there is a hearing where you have the right to make a statement to the court. You can learn about different types of hearings for cases with an adult offender, or learn about different types of hearings for cases with a youth offender.
The right to advance notice of all court hearings is not automatic and has to be specifically requested by the victim. To ensure that you receive the notifications that you would like to, please update your contact information and preferences through the Case Companion portal.
Right to participate
Having a meaningful role in the criminal justice process can look different for each person. For example, you may want to make a statement to the court at every hearing when you have the right to, or to only provide information to the court when you are required to testify.
Tips for victims: There are specific times in the process where victims have the right to share information with the court. Learn more about the right to make a statement.
The right to participate also includes the right to be present at certain court hearings. For example, you may choose to only attend hearings that you are required to attend. You could also choose to attend hearings where decisions are being made about release or sentencing. Or, you may want to attend any proceeding in open court that the offender is required to attend. Whether you choose to attend all of the hearings or only some, you can also choose to have a support person with you during most stages of the investigation and court process. If you have questions about when a support person can be present, please contact the District Attorney’s Office at 503-988-3222.
Right to consult
This right needs to be requested and only applies to certain crimes. If requested, the District Attorney’s Office will make efforts to reach you and consider your input before a plea offer is presented to an offender or their attorney, and before a plea agreement is reached.
When a Deputy District Attorney consults with you, they will explain what consequences or outcomes they are suggesting for the plea offer, they will talk about how the details of the crime and any prior criminal history may factor into the decision, and they will ask what you want to happen. The District Attorney’s Office will balance your input with the legal rules and limits they are required to follow when they make a plea offer.
Right to restitution
If you lost money as a direct result of the crime, the court may order the offender to pay you back for your losses. This is called restitution.
Restitution can be ordered when the District Attorney’s Office has received a request and all of the following take place:
- The victim suffered a financial loss: restitution can be ordered for documented expenses caused by the crime the offender is charged for. This includes things like medical bills from injuries, property damage, loss of wages, counseling costs, and celebration of life expenses. For the court to order restitution, victims must provide documentation of their losses to the District Attorney’s Office. Documentation may include things like repair estimates or receipts, medical bills, or pay stubs. Except for protected information, all documentation will be shared with the offender’s attorney and the court. If you have questions or concerns about what has to be shared, please contact the District Attorney’s Office at 503-988-3222 before submitting restitution documents.
- The offender is convicted of a crime: restitution can only be ordered on a case when there is a conviction. A conviction may be the result of either a guilty verdict at a trial or the offender accepting a plea agreement.
- The court orders the amount: all restitution paperwork and supporting documents are shared with the offender’s attorney. If the offender agrees to the restitution amount they will be ordered to pay that amount. If the offender does not agree to the amount of restitution, then a restitution hearing will be scheduled within 90 days. At a restitution hearing, the District Attorney’s Office must prove that the financial loss was a direct result of the crime the offender is convicted of and that the expenses are reasonable. Victims may be required to testify at a restitution hearing.
Tip for victims: The Oregon Crime Victims Compensation Program can help reduce some financial burdens related to a crime. For more information you can visit the Crime Victims Compensation website. You may also contact the District Attorney’s Office for information or assistance applying for Crime Victims Compensation.
If restitution is ordered as a part of an offender’s sentence, offenders do not pay the victim directly. Instead, payments are made to the court, and the court will send money by check to the victim. A check can only be issued to a victim when an offender makes a payment. There are many factors that could impact when and how much money a victim receives. For example, the offender could be in custody, may or may not be working, or may owe restitution to more than one victim. It’s possible for an offender to pay their restitution amount in full or create a payment plan to pay over time. It is important that the court has an up to date mailing address for victims in order to send restitution payments. For more information on the status of restitution payments on a closed case, please contact the courts at 971-274-0560 or mul.financialdept@ojd.state.or.us.
Right to information
Providing crime victims with accurate information honors their right to be involved and treated with dignity and respect. You may have the right to request the following information:
Information about the offender
Victims have the right to ask for information about the offender, including their conviction, sentence, time in custody, criminal history, and future release. This right is not automatic and must be specifically requested by the victim.
To find out if an offender is in custody in a jail in Multnomah County, you can visit the Multnomah County jail roster. If the offender is in a Multnomah County jail and you would like to be notified before the offender is released from custody, you can call the jail at 503-988-3689 and ask that they contact you directly. You can receive automated notifications about the custody status of anyone in custody in Oregon by signing up for notifications on VISOR.
How other information about the offender is shared — such as their criminal history, conviction or sentence — depends on the status of the case and the age of the offender. If you would like to request specific information related to the offender in your case, you can contact the District Attorney’s Office at 503-988-3222.
Recordings or transcripts of court proceedings
Generally, court hearings are audio recorded. Sometimes, a written transcript of the recording is prepared. Victims have a right to request a copy of these records. If you are interested in a recording or transcript of a proceeding, please contact the District Attorney’s Office at 503-988-3222 to learn more information.
Information about HIV or other communicable diseases
If you are the victim of a crime that involves the bodily fluid of the offender being transmitted, you may request that the offender submit to a test for HIV and any other communicable disease. For cases involving adult offenders, this right is requested at the beginning of the court process. If the case involves a youth offender, this right comes into effect at the conclusion of their case. If you would like to be tested, it’s possible that the Crime Victims Compensation Program could help to cover any costs. Learn about support and resources for victims.
Information available after the case resolves
Victim rights extend past the conclusion of a criminal case. If the offender’s sentence includes a term of probation, victims have a right to request information about the offender’s supervision. Examples may include if the offender is following the requirements that the judge ordered, if the offender is working or in school, and if they are making payments towards restitution. For other examples or more information, please contact the Department of Community Justice at 503-988-7606.
If there are any other hearings after conviction, victims have a right to request notice and to be present when there is a proceeding that may impact the resolution of the case. In addition to the rights to receive notification, victims maintain their right to share a statement. You may select or make changes to the rights you’d like to request through the Case Companion portal at any time.
Right to privacy and protection
Victims have a right to privacy and protection from the offender. Specific ways in which your privacy may be protected include:
Right to refuse discovery
Discovery is a general term for information or evidence that may be related to the case. For example, a defense attorney may ask you to give them pictures, text messages, recordings, or personal paperwork such as copies of your medical, counseling or financial records. If the offender’s attorney or their investigator reaches out to you for information or to ask questions about the case, it’s your choice if you want to communicate with them or not. You can refuse to have contact with them or tell them that you would like to have an advocate or Deputy District Attorney from the District Attorney’s Office present during the conversation. The offender’s attorney or anyone acting on behalf of the offender must inform you of their identity and role when they contact you.
Right to nondisclosure of personal information
A victim may request that their address or phone number are not provided to the defendant unless the court finds that there is a case specific reason that this information be shared. Additionally, if any of your personal identifiers are included in pieces of evidence, the offender’s attorney generally is not allowed to share that information with the offender. Personal identifiers include your address, phone number, social security number, date of birth, usernames, or any after identifying information associated with a social media account.
Pre-trial release and conditions
When the court is deciding if an offender will be released or not, they must consider the victims’ safety. You have the right to make a statement for the court to consider when a decision about release is being made. If the offender is released, it is your right that the offender be ordered not to have any contact with you.
Protection in sex-offense proceedings
There are additional rights that apply for victims of crime involving a sexual offense. Victims have the right to request that there is no electronic recording of proceedings for their case by any person. This does not include the court record but prohibits media or other people in the courtroom from recording the proceedings by video, audio, photography or any other means. The District Attorney’s Office may substitute your name in public documents with a pseudonym or your initials. They may also request that the court restricts the copying or sharing of information or recording of your testimony. To learn if these rights apply to your case or have already been implemented, please contact the District Attorney’s Office at 503-988-3222.
We hope this page has helped you better understand the rights you may be able to receive. Please contact us if you have any additional questions. You may select or make changes to the rights you’d like to request through the Case Companion portal at any time.
Glossary of terms
Oregon law defines a victim as any person the court or an attorney from the District Attorney’s Office finds has experienced financial, mental, or physical harm as a result of a crime. The victim of the crime may also be a witness in the case. If the victim is under the age of 18, the victim’s parent or legal guardian may also be considered a victim. If the victim lost their life as a result of the crime, the victim’s immediate family may also be considered victims. Back to content.
When a person participates in a court hearing by answering questions and sharing information related to the case. Before a person testifies, they are sworn in, which means they make a promise to tell the court the truth. When a person testifies, they sit at the front of the courtroom near the judge. Back to content.
The offender is released from jail and has been asked to sign a release agreement where they agree to obey all laws and to come to future court hearings for their case. Depending on the crime, the agreement may also include no contact with the victim. Back to content.
A hearing where a judge decides the punishment for the offender. You have a right to make a statement at this hearing. You also have a right to have your schedule considered when determining the date and time of a sentencing hearing. Back to content.
Police try to find information and evidence about what happened. This may include interviewing victims, offenders, and witnesses and documenting or recording what they say. This could also include collecting evidence such as photos, recordings, text messages, weapons, records or other items. Back to content.
An offer from the District Attorney's Office or the offender's defense attorney to resolve a court case without a trial. Plea offers generally involve the District Attorney's Office agreeing to dismiss or reduce some of the charge(s) or sentence. In return, the offender agrees to admit to the specific charges in court and therefore agrees to a conviction. If a plea offer is accepted, a plea hearing is scheduled to be resolved without a trial. Back to content.
A formal court proceeding that may take many days. At trial the District Attorney’s Office provides evidence that they believe will prove the offender committed the crimes they have been charged with. The offender’s attorney can also provide evidence and question witnesses. A judge or a jury will decide if the offender is guilty based on the evidence provided. Back to content.
A person under the age of 18 years old who has caused harm and the juvenile justice system is involved. Back to content.
When the offender has been ordered by the courts or the Oregon Board of Parole to follow certain rules. Back to content.
Information that helps prove or disprove that an offender committed a crime. This may include the police collecting items such as pictures, recordings, text messages, weapons, records or interviews with the offender, victims, or witnesses. Back to content.
A lawyer who represents the offender and protects the offender’s rights. Their job is to help the offender understand the court process and fight the charges against the offender. Back to content.
A person who collects statements, records, or evidence. Some investigators work for the District Attorney's Office. Other investigators work for the defense attorney representing the offender. If an investigator contacts you, they are required to clearly identify who they work for. Back to content.
A crime victim has the right to refuse to communicate directly with the offender’s defense attorney, their investigator, or any person acting on behalf of the offender related to the criminal court case. This means the victim does not have to do an interview or share any information with anyone from the defense attorney’s office. This does not include subpoenas that the victim receives that requires them to testify in court. This right is only for crime victims, it does not apply to other witnesses, family members or friends of the victim. Please note that any information a victim shares with the District Attorney’s Office or law enforcement may be shared with the offender’s defense attorney. If you choose to speak with the offender’s defense attorney, their investigator, or any person acting on behalf of the offender you have a right to request someone from the District Attorney’s Office be present during your conversation. Back to content.
A person who supports crime victims. Advocates can work with a justice system agency or with a community organization. Their job is to help you understand the justice system and your rights, to attend court with you, to offer emotional support, and to connect you with resources to meet your needs. Advocate services are always free. Visit our resource page for information about advocate services in Multnomah County. Back to content.
A public record includes written information created, held, or maintained by a government agency. There is not an online search engine for all public records. Any person can request a copy of a public record by making a written request to the agency that maintains the record. Generally, public records are not released while a case is under investigation, being prosecuted, or before the offender is convicted of the crime. There are very few exemptions that can limit information from being released. Once a public record is released, government agencies can’t control what happens with the information. For more information about public records, please call the District Attorney’s Office at 503-988-3222. Back to content.
This page was produced by Multnomah County under grant number 15POVC-21-GK-01091-NONF, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed on this page are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice.