Crime Victim's Services
The Office of Attorney General is tasked with representing the state in all
criminal
appeals that go before the Court of Appeals and the New Mexico Supreme Court. Victims
and their families are associated with those cases. The Victims Services Advocate
will provide notification and assistance to victims and their families during the
often lengthy appellate process to include notification of the current appeal status
and court accompaniment should that be needed.
For information regarding services for victims please contact Marty Gonzales
at 505-222-9026.
New Mexico
Crime Victim’s Rights
New Mexico is one of 31 states that have amended their constitution to include rights
for crime victims. A New Mexico amendment was ratified by voters in 1992. The
amendment reads as follows:
A. A victim of arson resulting in bodily injury, aggravated arson,
aggravated assault, aggravated battery, dangerous use of explosives, negligent use
of a deadly weapon, murder, voluntary manslaughter, involuntary manslaughter, kidnapping,
criminal sexual penetration, criminal sexual contact of a minor, homicide by vehicle,
great bodily injury by vehicle or abandonment or abuse of a child or that victim's
representative shall have the following rights as provided by law:
(1) The right to be treated with fairness and respect for the victim's dignity and
privacy throughout the criminal justice process;
(2) The right to timely disposition of the case;
(3) The right to be reasonably protected from the accused throughout the criminal
justice process;
(4) The right to notification of court proceedings;
(5) The right to attend all public court proceedings the accused has the right to
attend;
(6) The right to confer with prosecution;
(7) The right to make a statement to the court at sentencing and at any post-sentencing
hearings for the accused;
(8) The right to restitution from the person convicted of the criminal conduct that
caused the victim's loss or injury;
(9) The right to information about the conviction, sentencing, imprisonment, escape
or release of the accused;
(10) The right to have the prosecuting attorney notify the victim's employer, if
requested by the victim, of the necessity of the victim's cooperation and testimony
in a court proceeding that may necessitate the absence of the victim from work for
good cause; and
(11) The right to promptly receive any property belonging to the victim that is
being held for evidentiary purposes by law enforcement agency or the prosecuting
attorney, unless there are compelling evidentiary reasons for retention of the victim's
property.
a. A person accused or convicted of a crime against a victim shall have no standing
to object to any failure by any person to comply with provisions of Subsection A
of Section 24 of Article 2 of the constitution of New Mexico.