Q: In California, can a defendant read, respond, and use as an exhibit a plaintiff's Victim Impact Statement at a hearing?
Ex-spouse wrote an impact statement but my (former) attorney was not comfortable with me seeing it. However, it was referenced at a pre-trial hearing by the judge so I was disclosed that specific reference. The case has since been dismissed and I was found not guilty but I want to read the statement in its entirety to see what else she may have lied about and, potentially, refute her claims in court. Is that allowed?
A:
In California, the rules regarding the use of victim impact statements can vary depending on the specific circumstances and the type of case involved. Victim impact statements are typically submitted by the prosecution during the sentencing phase of a criminal trial and are intended to provide information about the impact of the crime on the victim.
If the case against you has been dismissed and you were found not guilty, it is unlikely that you would have a legal right to access and use the plaintiff's victim impact statement in court. Victim impact statements are generally considered confidential and are not typically available to the defendant unless there are specific legal grounds for their disclosure.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
