Commonwealth's Attorney


Who can apply?

  • MUST BE AN INNOCENT VICTIM
  • CRIME MUST OCCUR IN VIRGINIA (unless a Virginia Resident is in a country/territory without a Crime Victim Fund)
  • The person must have suffered a physical injury due to a violent crime or emotional injury due to a felony 19.2-368.02
  • Any person actively attempting to stop a crime
  • The person must cooperate with law enforcement and all prosecution efforts.

 

How Can You Stop a Claim?


§19.2-368.5-...deferral of proceedings...

Upon filing of a claim pursuant to this chapter, the Commission shall promptly notify the attorney for the Commonwealth of the jurisdiction wherein the crime is alleged to have occurred. If, within 10 days after such notification, the attorney for the Commonwealth so notified advises the Commission that a criminal prosecution is pending upon the same alleged crime, the Commission shall defer all proceedings under this chapter until such time as such criminal prosecution has been concluded in the circuit court unless notification is received from the attorney for the Commonwealth that no objection is made to a continuation of the investigation and determination of the claim. When such criminal prosecution has been concluded in the circuit court the attorney for the Commonwealth shall promptly so notify the Commission.

CICF receives NO TAX DOLLARS and relies on RESTITUTION to be able to pay victims in the future!

§19.2-368.5(D)

Upon awarding a claim pursuant to this chapter, the Commission shall promptly notify the attorney for the Commonwealth of the jurisdiction wherein the crime is alleged to have occurred.
If a criminal prosecution occurs regarding the same alleged crime, the attorney for the Commonwealth shall request the court to order restitution.

For Restitution Orders: this helps all that are monitoring restitution:

  • No "to be determined" orders
  • List specific amounts
  • List payee name
  • Include a payment start date and completion date
  • Include monthly payment increments

Suggested Language for Sentencing Orders:

  • When CICF has made an award: Restitution to CICF for crime related expenses
  • When CICF has claim pending: Restitution ordered to payer of crime related expenses (ex. $X amount to X hospital, or to CICF if an award is made).
  • When CICF has made an award and there are still outstanding bills: $X amount to CICF and $X amount to payer of crime related expenses

 

 

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