Q - What services does the Hawaii County Victim/Witness Program provide?

Ans: Services include:
- Assistance in court appearance.
- Information about your case.
- Property return assistance.
- Assistance during court proceedings.
- Victim waiting room.
- Restitution recovery.
- Help with obtaining witness fees.
- Referral to community agencies.
- Assistance with Criminal Injuries Compensation.
- Victim Impact Statement.
- Crisis and short term counseling.
- Employer intercession.
- Explaining judicial process.
- Assistance in requesting notification when a defendant is released into the community.

 

Q - What should I know about appearing in court?

Ans: As a victim or witness of crime, your assistance is vital to our system of criminal justice. The following information will explain what happens in bringing your case to trial and what services are available to assist you. A deputy prosecuting attorney will be working with you while the defendant is being processed through the Criminal Justice System.

As your case is being prepared, it may be necessary for the deputy prosecuting attorney to discuss the matter with you. Therefore, it is important to keep the Prosecuting Attorney's Office informed of your present address and telephone number. If you move, or are planning to go on a vacation, be sure to let them know at (808) 934-3306 (Hilo) or (808) 322-2552 (Kona).

 

Q - What's in it for me?

Ans: You will know that you have done your best to make your community a safe one in which to live and work. The process of justice takes time. It often seems tedious. Some of the delays and frustrations you may encounter are part of the system that protects the rights of the accused. In our country, every person is presumed innocent until proven guilty beyond a reasonable doubt. To protect this right, we have a system of criminal justice with many painstaking steps. The system depends on the patience and commitment of citizens like you to make it work. The Prosecuting Attorney appreciates your determination and your patience. We hope to share with you the satisfaction of a fair and successful prosecution in this case.

 

Q - What happens if there are not charges?

Ans: Even if no suspect is identified or no charges can be filed, it is important to maintain contact with authorities. Your property may be recovered and returned to you. The police may later secure additional evidence to enable them to file charges. If you have any further information about your case, be sure to contact the investigating officer.

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Q - May I drop charges if I do not want to testify?

Ans: No. All criminal cases involve the State of Hawaii versus a defendant. Your concerns about the case are taken into consideration, but the ultimate decision whether or not to proceed with the case rests with the State.

 

Q - Who may I talk to about the case?

Ans: You will have ample opportunity to talk about your case with a Deputy Prosecutor and a Victim/Witness Counselor. The Defense Attorney or his/her investigator may contact you and request an interview. You may talk to or refuse to talk to anyone you wish about the crime.

 

Q - Do I have to hire my own attorney?

Ans: No. The criminal case is handled by the Prosecutor's office, which represents the State of Hawaii, at no cost to you.

 

Q - What about my medical bills?

Ans: If you are injured as a result of a crime you may be eligible for compensation from the Criminal Injuries Compensation Commission. Contact the Victim/Witness Program for more information. If there is a conviction or guilty plea in the case, restitution is also a possibility (see "restitution").

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Q - What is meant by Restitution?

Ans: When a victim has lost property or had expenses because of a crime and the defendant has been convicted or has pled guilty, the Court has the discretion to order the defendant to pay the victim for those losses. This is called restitution. The Court can order restitution if victims can document their loss. Therefore, it is important that you keep your bills, receipts, estimates for repairs, etc. in a safe place. Restitution can be ordered for property damage, loss of property, medical or psychological expense and burial expenses. The Probation Department supervises payments of restitution. Restitution is based on the defendant's ability to pay.

 

Q - If needed as evidence, when will my property be returned?

Ans: If your property is needed to prosecute the case, it will be returned at the conclusion of the case. The conclusion of the case is 30 days after sentencing or after appeal. The Victim/Witness Assistance Unit can assist you in the return of your property.

 

Q - What is a Pre-Sentence Investigation (PSI) and Victim Impact Statement?

Ans: After a defendant has pled or been found guilty, the Court orders the Probation Department to investigate the past history of the defendant. Included in this report is a personal assessment which includes work, school and family background. Medical and psychological testing or reports may also be included. The PSI, which includes the Victim Impact Statement, is submitted to the Court for consideration at sentencing.

The Victim Impact Statement is your opportunity to inform the Court, through the Probation Department, of the effect the crime has had on you and financial losses you may have sustained. It is important that you cooperate with the Probation Department because without this information, the Court cannot order restitution for your losses.

 

Q - Do I have to appear if I am subpoenaed?

Ans: Yes. A subpoena is a Court Order directing you to be present at a time and place stated. Bring the subpoena with you when you go to court because it will assist the court in processing your witness feeds. It also reminds you which court you are required to appear in and the exact time of your appearance.

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Q - What must I do after receiving the subpoena?

Ans: After receiving the subpoena, immediately call the Prosecuting Attorney's Office and ask for the deputy assigned to the case; his or her name will appear at the top of the subpoena. This allows the deputy the 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 deputy to discuss the case with you prior to the court date.

 

Q - When I go to the courthouse, what do I do?

Ans: After talking with the deputy prosecuting attorney handling the case, he or she will direct you to proceed to a particular area of the Courthouse. In virtually all cases, where you will be a witness, you will be instructed to wait outside the courtroom until it is time for you to take the witness stand. Once having given your testimony, you will then be requested to leave the courtroom. Unless you are specifically instructed otherwise, you should return to the waiting area outside the courtroom until the attorney excuses you.

 

Q - How long will I be in court?

Ans: It varies. You may be excused after only a few minutes, or you might be needed for more than a day. Most witnesses remain on the witness stand less than an hour. Feel free to call the Victim/Witness Program if you need to know how long you will be expected to be available to testify. A Victim/Witness Counselor will obtain an estimate from the deputy prosecuting attorney.

Often witnesses have to wait. You might bring something to read.

 

Q - What will happen to me in court?

Ans: As a witness for the State, you may be questioned by the deputy prosecuting attorney and then by the defendant's attorney, who will cross-examine you (as you additional questions).

You may feel, during the questioning, that your testimony is under suspicion, or that your personal motives are doubted. But the process of cross-examination is not meant as a personal attack upon you. It is to ensure that all sides of the case are told, and to establish the truth.

The judge is there to assist you if you do not understand a question, and to see that you are treated respectfully. If you do not understand a question, do not be afraid to say so.

Remember, if you have any questions or concerns, you may call the Victim/Witness Program at the Prosecuting Attorney's office.

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Q - What can I do with my children?

Ans: Courtroom proceedings can be long and complex, so try to find a neighbor, friend, or relative to care for your children. If you are unable to do so, please call the Victim/Witness Program and we will try to find help.

 

Q - Regarding Witness Compensation.

Ans: A witness that attends a criminal proceeding may be eligible to receive witness and mileage fees. Contact the Victim/Witness Program for more information.

 

Q - Regarding Fears & Threats.

Ans: If you have any fears about your involvement in your case, contact the Victim/Witness Program. On extremely rare occasions, a witness may receive a threat. If you believe you have received such as threat, immediately call the police. Such threats are crimes in Hawaii and will be investigated and prosecuted. Also, inform the deputy prosecuting attorney handling your case.

 

Q - What if the defendant is not convicted?

Ans: You may feel that justice has failed if the defendant is acquitted, but it is important to remember that our system of criminal justice calls for guilt beyond any reasonable doubt to convict someone. However strong the evidence seems to you, it may not be enough to remove all doubt from the minds of the judge of jury. You would want the same protection if you were the defendant. If the case is dismissed or the defendant is acquitted, you should realize that with your help as a witness, the justice system has done as much as it could. Even if an acquittal results, the court proceedings may sufficiently deter the defendant from committing future crimes.

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