Alleged victims may need their own representation.

The prosecutor assigned by the district attorney’s office will sometimes have the same goals for the case as the victim (probation, jail time, restitution, etc), but often the victim’s goals are at odds with what the state wants to do. Many alleged victims do not fully understand that victim advocates work closely with the deputy district attorney's office.

Alleged victims may seek representation for a variety of reasons:

• Victims (or alleged victims) do not have the power to drop criminal charges. A victim cannot get criminal charges dropped by asking the victim advocate or prosecutor to do so. An attorney can advocate for a different position than the prosecutor while making sure that you do not violate the law.

• Victims can plead the Fifth Amendment as a witness if a victim might incriminate themself by something that they say. An attorney can make sure that you do not risk incriminating yourself.

• Victims cannot ignore a subpoena. Once a victim has been validly served with a subpoena they must respond. A person who does not respond can be held in contempt of court and could potentially even be jailed. If an alleged victim is concerned about participating in the prosecution of a criminal case, they need advice from an attorney.

Note: The information provided on this website is not to be construed as legal advice. No attorney-client relationship is formed between Gorman Law PLLC and the website visitor. Gorman Law PLLC is not liable for anything that happens as a result of someone viewing the website and taking (or not taking) action as a result.