darby g. lowe deputy commonwealth’s attorney county of albemarle aaron hernandez victim advocate...

Darby G. LoweDeputy Commonwealth’s Attorney County of Albemarle

Aaron HernandezVictim Advocate

Sexual Assault Resource Agency

ADULT CHILD KNOWN TO VICTIM UNKNOWN TO VICTIM

◦ Investigation◦ Resources◦ Victim input/support

POLICE DEPARTMENT OF SOCIAL SERVICES

◦ Medical Treatment Provider◦ School◦ Therapy Provider◦ Child Care Providing Agency◦ Law Enforcement

CHILD FORENSIC INTERVIEW◦ CAC◦ Victim Advocate◦ Assessment for services

VICTIM INTERVIEW BY DETECTIVE◦ Victim Advocate

FORENSIC NURSE EXAMINER PERK DNA SWABS INJURY DOCUMENTATION MEDICAL CARE AND FOLLOW UP REASSURANCE

◦ Victim Advocacy

COLLATERAL WITNESSES DEFENDANT INTERVIEW SEARCH WARRANTS

◦ Locale◦ DNA◦ Digital Media

STRESS IMPORTANCE OF SAVING TEXTS, VOICEMAILS

ARREST PROTECTIVE ORDER SAFETY PLAN NO BOND NO CONTACT

• ADVOCACY– SARA–Victim Witness–Domestic Violence

Services Coordinator• THERAPY

• OTHER SERVICES FOR NON OFFENDING CARETAKER –DSS–CAC Services

Coordinator• Ready Kids• Region X• Private Therapists

INVESTIGATORS/COMMONWEALTH’S ATTORNEY

VICTIM/INVESTIGATORY TEAM/CA/ADVOCACY◦ MEET◦ DISCUSS EVIDENCE ◦ LEGAL PROCESS◦ COURTROOM PROCEDURE◦ CLOSED CIRCUIT TELEVISION EVALUATION◦ THERAPY INPUT

WARRANT INDICTMENT

◦ BOND HEARING◦ PRESUMPTION AGAINST BOND

ESTABLISH PROBABLE CAUSE VICTIM MAY TESTIFY OTHER EVIDENCE

◦ CONFESSION◦ DIGITAL EVIDENCE

JUDGE JURY BEYOND A REASONABLE DOUBT

◦ VICTIM TESTIFIES◦ DETECTIVE◦ COLLATERAL WITNESSES◦ CORROBORATING EVIDENCE◦ DEFENDANT DOES NOT HAVE TO TESTIFY

• VICTIM WILL BE INVOLVED IN DISCUSSION• GOALS OF PROSECUTION – community safety– protection of victim–Offender’s responsibility for offense

• SENTENCING GOALS– Punishment– Community/Victim Safety– Supervision– Rehabilitation

• VICTIM WELL BEING

JURY VERDICT SENTENCING GUIDELINES PRESENTENCE REPORT VICTIM IMPACT STATEMENT SEX OFFENDER EVALUATION

• ACTIVE TIME• SUSPENDED TIME/GOOD BEHAVIOR• SUPERVISED PROBATION–GPS– POLYGRAPH– HOME/WORK VISITS– TREATMENT– VIOLATIONS

• OTHER CONDITIONS– NO CONTACT– RESTITUTION

MANDATORY 3 DAYS TO NOTIFY OF CHANGES VIRGINIA STATE POLICE MAINTAIN AND

INVESTIGATE NEW CRIMES TO VIOLATE REQUIREMENT

THERAPY SUPPORT IN SCHOOLS IMMIGRATION ATTORNEY – U VISA