VICTIM ASSISTANCE
This section provides useful information about victim assistance. It is divided into the following topic areas:
A Message From Your Prosecutor
The Victim/Witness Program
Rights of Victims in Criminal Proceedings
Additional Websites Relating to Victim Assistance
Answers to Some Questions
What You Should Know About Appearing in Court
Some Definitions and Explanations
Statement of Nondiscrimination
A Message From Your Prosecutor
A goal of the Hawaii County Prosecutor's Office is to ensure that all victims and witnesses of crimes are treated with dignity, respect, courtesy and sensitivity.
We want you to have access to information about your case.
The Victim/Witness Assistance Counselors in our office will help you through the trauma, frustration and confusion that many victims and witnesses experience with the judicial system.
We are here to serve you. Please call us for assistance and more information.
Jay T. Kimura
Prosecuting Attorney
The Victim/Witness Program
This unit was designed specifically to help you and answer your questions. If you have any questions, please call the Victim/Witness Program at (808) 934-3306 in Hilo or (808) 322-2552 in Kona. The helpful staff can offer the following services:
- Information about your case
- Explaining judicial process
- Referral to community agencies
- Crisis and short term counseling
- Help with obtaining witness fees
- Assistance with Crime Victim Compensation
- Employer intercession
- Restitution request assistance
- Help with Victim Impact Statement
- Property return assistance
- Court accompaniment
- Assistance in requesting notification of offender release
Rights of Victims in Criminal Proceedings
If you are the victim of a felony or a surviving family member, you may be entitled to the following rights:
- To be informed of case status
- To be consulted and advised about plea bargaining
- To be informed of the final disposition of the case
- To request notification of offender release
Additional Websites Relating to Victim Assistance
Hawaii's Victim Bill of Rights
Office for Victims of Crime (OVC)
Hawaii State Commission on the Status of Women
National Organization for Victim Assistance (NOVA)
Crime Victim Compensation Commission
Answers to Some Questions
What's in It for me?
You will know that you have done your best to make your community a safe one in which to live and work. The process of justice takes time. It often seems tedious. Some of the delays and frustrations you may encounter are part of the system that protects the rights of the accused. In our country, every person is presumed innocent until proven guilty beyond a reasonable doubt. To protect this right, we have a system of criminal justice with many pain staking steps. The system depends on the patience and commitment of citizens like you to make it work. The Prosecuting Attorney appreciates your determination and your patience. We hope to share with you the satisfaction of a fair and successful prosecution in this case.What happens if there are no charges?
Even if no suspect is identified or no charges can be filed, it is important to maintain contact with authorities. Your property may be recovered and returned to you. The police may later secure additional evidence to enable them to file charges. If you have any further information about your case, be sure to contact the investigating officer.Whom may I talk to about the case?
You will have ample opportunity to talk about your case with a Deputy Prosecutor and a Victim/Witness Counselor. The Defense Attorney or his or her investigator may contact you and request an interview. You may talk to or refuse to talk to anyone you wish about the crime.Do I have to hire my own attorney?
No. The criminal case is handled by the Prosecutor's office, which represents the State of Hawaii, at no cost to you.
What You Should Know About Appearing in Court
As a victim or witness of a crime, your assistance is vital to our system of criminal justice. The following information will explain what happens in bringing your case to trail and what services are available to assist you. A deputy prosecuting attorney will be working with you while the defendant is being processed through the Criminal justice System.. A deputy prosecuting attorney will be working with you while the defendant is being processed through the criminal justice system.
As your case is being prepared, it may be necessary for the deputy prosecuting attorney to discuss the matter with you. Therefore, it is important to keep the Prosecutor's Office informed of your present address and telephone number. If you move, or are planning to go on a vacation, be sure to let them know at 934-3306 (Hilo) or 322-2552 (Kona).
Court: In virtually all cases where you will be a witness, you will be instructed to wait outside the courtroom until it is time for you to take the witness stand. It is common for witnesses to have to wait, so you might want to bring something to read. Once you have given your testimony, you should return to the waiting area outside the courtroom until the deputy prosecuting attorney excuses you.
Courthouse: The District, and the Third Circuit Courts are located at 75 Aupuni Street 3rd floor, Hilo, in the state building. District Courts are also located in Keeau, Kona, and Kohala areas. The Family Court is located in the Waiakea Complex, Kekuanoa Street, Hilo.
Children: Courtroom proceedings can be long and complex, so please try to make child care arrangements before you come to court. If you are unable to do so, please call the Victim/Witness program and we will try to find help.
Crime Victim Compensation: A witness that attends a criminal proceeding may be eligible to receive witness and mileage fees. Please contact the Victim/Witness Program if you want further information.
Fear/Threats: If you have any fears about your involvement in your case, contact the Victim/Witness Program or deputy prosecuting attorney handling your case. On extremely rare occasions, a witness may receive a threat. If you believe you have received such a threat, call the police immediately. Such threats are crimes in Hawaii and will be investigated and prosecuted.
Some Definitions and Explanations
Court System: There are three types of courts in Hawaii. The Circuit Court handles the more serious cases (called felonies), while the less serious cases (called misdemeanors) are heard in the District Court. Most felony cases begin in the District Court and after a hearing, progress on to the Circuit Court. The Family Court is responsible for conducting juvenile court proceedings as well as family-related misdemeanors. These proceedings adhere to the rules of evidence and procedures similar to those in misdemeanor and felony trials. All hearings in the Family Court are closed to the public.
Subpoena: A subpoena is a court order directing you to which court you are required to appear. Feel free to call the Victim/Witness Program if you want an advocate to accompany you to court. Please bring the subpoena with you when you go to court because it will assist the court in processing your witness fees. A witness who attends a criminal proceeding may be eligible to receive witness and mileage fees. After receiving the subpoena, immediately call the Prosecutor's Office at (808) 934-3306 in Hilo or (808) 322-2552 in Kona and ask for the deputy prosecuting attorney assigned to the case; his or her name will appear on the subpoena. This allows him or her an opportunity to discuss with you the facts of the case and the nature of the proceeding in which you will testify. Keep in mind that it is perfectly proper for the deputy prosecuting attorney to discuss the case with you prior to the court date. In some cases, he or she may ask to meet with you. Our office is located in the County of Hawaii Annex at 34 Rainbow Drive, 3rd Floor, in Hilo.
Arraignment - District Court: The defendant (person accused of committing the crime) will appear personally before the judge. The defendant will be advised of the charges and his or her constitutional rights. In felony cases, the defendant is not permitted to enter a plea at this time. In misdemeanor cases, the defendant is permitted to enter a plea. If he or she pleads guilty or no contest, sentencing may occur. If he or she pleads not guilty, the case may be set for trial. Your appearance at the arraignment is NOT REQUIRED.
Preliminary Hearing: In felony cases, your first appearance may be required for the Preliminary Hearing, which is open to the general public. The judge of the District Court presides over this proceeding where evidence is presented and determines whether the evidence is sufficient to require the defendant to go on trial in Circuit Court.. The defendant is present and entitled to be represented by a defense attorney. As a witness, you are subject to cross-examination. If the judge determines there is sufficient evidence (probable cause to believe that the defendant committed the crime), the defendant will be "bound over" and the case committed to the Circuit Court.
Grand Jury Hearing: Oftentimes, Grand Jury Hearings take the place of preliminary hearings. Victims and witnesses are usually subpoenaed for Grand jury Hearings. Thus, your first appearance in a felony case may be required for the Grand Jury Hearing, which is not open to the general public. There is no judge, defendant, or defense attorney present. Instead, a group of eight to 16 people listen to the evidence. If they determine there is sufficient evidence, the defendant is indicted.
Arraignment - Circuit Court: After the defendant is "bound over," or indicted, he or she will again be arraigned, only this time in Circuit Court. The defendant is permitted to enter a plea. If he or she pleads guilty or no contest, a sentencing hearing may be set. If the defendant pleads not guilty, the case may be set for trial. Your appearance is NOT REQUIRED.
Case Continuance: Often, for various reasons, a case may be continued. If a continuance is ordered before you appear in court, we will make every effort to contact you and advise you that you need not appear on the date indicated on the subpoena.
Motions: In almost all cases, there are pre-trial motions. Some are made by the defense attorney, some by the deputy prosecuting attorney. Occasionally, it may be necessary to have a witness, like yourself, testify at such hearings.
Trial - Misdemeanor: In misdemeanor cases, your first required attendance and testimony will frequently be for the actual trial. There is no preliminary or grand jury hearing. Almost all misdemeanor cases are decided by the judge of the District Court.
Trial - Felony: Trials in felony cases occur in Circuit Court and are decided by a jury of 12 people selected from the community. Your attendance and testimony will usually be required.
Judgment and Sentencing: If the defendant is found guilty by the judge or by the jury, or he or she pleads guilty or no contest, judgment will be pronounced and sentence imposed at a sentencing hearing. This hearing is usually set three to six weeks after the plea or trial. It is at this hearing that the Victim Impact Statement and Pre-Sentence Report is submitted and the judge makes a decision on what penalty will be assessed against the defendant. Your attendance is not required at this hearing. However, if you wish to attend, you may do so, except in the Juvenile Family Court. Prior to the sentencing hearing, the defendant may be referred to the Probation Division. A study of his or her background and the events relating to the crime is conducted in order to make a report and recommendation to the court. You may be contacted regarding your financial loss resulting from the crime, so please keep your receipts, bills, and other documents as verification.
Statement of Nondiscrimination
It is the policy of the County of Hawaii, Office of the Prosecuting Attorney's Victim/Witness Program, that no person shall, on the grounds of race, color, sex, national origin, age, or handicap, be excluded from participation in or be subjected to discrimination while receiving services.