Victims Rights Pre-trial or Before Preliminary Hearing
A. Government Code § 6254(f): Right to request name withheld from certain police reports.
B. Penal Code § 841.5: Prohibits law enforcement agencies from disclosing to any arrested person, or to any person who may be a defendant in a criminal action, the address or telephone number of any person who is a victim or witness in the alleged offense.
C. Penal Code § 964: Right to confidentiality of all confidential personal information in police reports.
D. Penal Code § 1054.2: Prohibits the defense attorney from disclosing to a defendant, members of the defendants family, or anyone else, the address or telephone number of a victim or witness.
E. Penal Code § 1054.8: Prosecutor, defense attorney, or investigator required to clearly identify him/herself and who he/she represents before questioning or speaking to a victim or witness.
F. Penal Code § 136.2: Right to request a protective order where there is good cause to believe that a victim or witness may suffer from harm, intimidation or dissuasion by the defendant or any other person who comes before the court.
G. Penal Code § 679.02(a)(9): Right to expeditious return of property.
H. Penal Code §§ 1407 1413: Provides for the expeditious return of property held as evidence.
I. Penal Code § 1270.1: Court must consider potential danger to other persons, including threats that have been made by the detained person and any past acts of violence during bail hearing.
J. Penal Code § 1275: Court must consider alleged injury to the victim and alleged threats to the victim or a witness to the crime charged during bail hearing.
K. Penal Code § 939.21: Right of child victim to have support persons present in grand jury proceeding.