The right to confer means that a victim has the right to both: a) receive information related to the case and to b) provide information and insight to the prosecutor regarding the crime and the victim’s concerns and desires for the process. This right can be critically important for proceedings related to an offender’s pre-trial release, orders of protection, and plea negotiations.

When victims do not have the right to be heard (which will be explained on the next page), or otherwise cannot (or choose not to) exercise that right, the prosecutor is the only party with a right to be heard who can inform the court of victims’ concerns. Conditions for pre-trial release and orders of protection impact victims’ safety. These are decisions made by the presiding judge, who generally only has the information provided by the parties. The opportunity for victims to voice their specific concerns to the prosecutor is vital to enabling the prosecutor to relay relevant information to the judge to inform his/her decision.

As explained in Module 2, most criminal cases are resolved by plea agreement. Victims never have control over the parameters of a plea offer – that control belongs to the prosecutor – but in some jurisdictions victims do have the right to confer with the prosecutor during the plea negotiation process. The time for this conferral is before a plea agreement is reached between the prosecution and defense – it provides an opportunity for victims to voice their opinion about what a just resolution in the case means to the victim while it can still be taken into account.

Example: After reviewing the evidence in a case, the prosecutor assigned to the case decides that an appropriate plea agreement would be a sentence of 5 years in prison upon the defendant’s guilty plea to the crime charged. The prosecutor explains to the victim that it is the prosecution’s intention to extend this plea offer to the defendant. The victim explains to the prosecutor that the victim is not concerned with how much time the defendant serves in prison but has accumulated unreimbursed medical expenses as a result of the crime which the victim cannot pay and wants the defendant to pay restitution (restitution is covered in Module 4). After this conferral and negotiation between the parties, the prosecution decides to offer the defendant 3 years incarceration and payment of restitution to the victim for medical bills resulting from the crime upon the defendant’s guilty plea.

As an advocate, it is important to ensure that victims understand the details of a plea negotiation/agreement so they are able to articulate any concerns to the prosecutor while those concerns can still be taken into account.

Consult your agency’s state-specific supplemental guide regarding a crime victim’s right to confer with the government in your jurisdiction.