What is Marsy's Law?
Marsy's Law (Proposition 9, 2008) amended Article I, Section 28 of the California Constitution to establish 17 enforceable rights for crime victims. Named after Marsalee Nicholas, a UC Santa Barbara student murdered in 1983, the law transformed victim rights from aspirational policies into constitutional guarantees.
Your 17 Rights as a California Crime Victim
- To be treated with fairness and respect for your privacy and dignity
- To be reasonably protected from the defendant
- To have the safety of the victim and their family considered in bail decisions
- To prevent the disclosure of confidential information (name, address, etc.)
- To refuse an interview with the defendant's attorney or investigator
- To be notified of all public proceedings involving the criminal conduct
- To be present at all public proceedings unless excluded by the court
- To be heard at any proceeding involving release, plea, sentencing, or parole
- To a speedy trial and a prompt resolution of the case
- To restitution from the defendant for all losses
- To proceedings free from unreasonable delay
- To receive all information that might be used for parole hearings
When to Hire a Victim Rights Attorney
While the prosecutor represents the state (not you personally), a victim rights attorney represents you exclusively. They ensure your rights are asserted — particularly at bail hearings, plea negotiations, sentencing, and parole proceedings.
Find a Victim Rights Attorney →Marsy's Law and Domestic Violence Survivors
DV survivors have unique protections under Marsy's Law that go beyond standard criminal procedure. Understanding these rights can make a decisive difference in your case outcome.
Key Protections for DV Survivors
- Address confidentiality — Your home address cannot be disclosed to the defendant or their counsel. This protects you if you've relocated to escape the abuser.
- Right to refuse defense interviews — You cannot be compelled to speak with the abuser's attorney or private investigator during the criminal case.
- Victim impact statement — You have the right to give a formal statement at sentencing. A victim rights attorney can help you prepare and deliver it effectively.
- Parole notification — You must be notified before the abuser is released from incarceration. You can submit opposition to early release.
- Restitution — You are entitled to full restitution for medical bills, lost wages, property damage, and other quantifiable losses caused by the crime.
Filing a Marsy's Law Complaint
If your rights under Marsy's Law are violated — for example, if you're not notified of a hearing or if your address is disclosed — you can file a complaint with the California Attorney General's Office or seek a writ of mandate in Superior Court. A victim rights attorney can expedite this process.