Crime victims could seek court protection before charges are filed

Victims would have rights during investigations before charges are filed. Coverage would include people directly harmed by a federal or District of Columbia offense under investigation. Before charges become public, the government could seek a delay to protect someone's safety, an investigation or prosecution, national security, or material nonpublic information. Court approval would require clear and convincing evidence, meaning strong proof. A delay would not excuse the government from ultimately honoring the right. Delays would end when no longer needed or when charges become public, whichever comes first. Orders could last up to 90 days, with extensions for good cause.

Victims would have rights to discuss case agreements with government attorneys and receive information about agreements and investigation transfers. Victims would receive a card listing their rights, the complaint office's contact information, and sources of legal help, including free legal help. Before charges become public, courts could approve delays based on strong evidence of risks to safety, investigations or prosecutions, national security, or material nonpublic information.

Victims could ask courts to enforce their rights through a separate case before criminal charges are filed. Remedies could not violate defendants' constitutional rights and would have to account for other victims and the public. Court orders would preserve prosecutors' authority to decide whether and how to prosecute. Victims who win against the United States could receive reasonable lawyer fees and expenses under the referenced federal fee-award law. District courts would have to decide requests to enforce victims' rights promptly.

Victims could seek to reopen a plea or sentence or challenge an agreement delaying or declining prosecution. Reopening would require timely action. A plea could not be reopened if the defendant pleaded guilty to the highest charge; a sentence could not be reopened if it reached the legal maximum. Victims given timely notice would also need to have requested a chance to speak, been denied, and promptly sought appeals-court review. If a court found that an agreement delaying or declining prosecution denied consultation rights, it would hold a hearing about cancellation. Cancellation would not be automatic.

Victims could complain about government attorneys to a Justice Department office overseen by its Inspector General. Victims or their lawful representatives could file complaints and would receive written decisions. After finding a rights violation, the office could impose fines or reimburse the victim's related costs; neither would be automatic. The complainant or government attorney could appeal to the Inspector General within 10 business days of the decision. The office would have to decide complaints within 180 days of receiving them.