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104 J. Crim. L. & Criminology 59, *99

advise the victim about any plea negotiations. 233 Interestingly, however, the Hawaii legislature defined "major developments"
as "arrest or release of the suspect by the police, case deferral by the police, referral to the prosecutor by the police, rejection of
the case by the prosecutor, preliminary hearing date, grand jury date, trial and sentencing dates, and the disposition of the case."
234 The usage of the term "case" and the plain language of the provisions demonstrate that victims in the State of Hawaii are
entitled to a notification right and a possible consultation right long before formal charges are filed.

[*100] Other states also expressly extend rights before the filing of charges. Colorado guarantees rights at "all critical stages
of the criminal justice process[,]" which includes both the filing of charges and the decision to not file charges. 235 In Missouri,
victims have the right:

on charged cases or submitted cases where no charge decision has yet been made, to be informed by the prosecuting attorney of
the status of the case and of the availability [of different forms of compensation and assistance] and of any final decision by the
prosecuting attorney not to file charges. 236

In New Jersey, officials typically send a letter informing the victim "that the case has been referred to the prosecutors' office
and explains and offers the services available from the country office of victim-witness advocacy." 237 Subsequent letters to
the victim ensure that the victim has notice of a series of decisions long before indictment, 238 and the office actively solicits
information in order to "help the prosecutor's office decide whether or not to prosecute a case." 239 Along a similar vein, the
Massachusetts legislature included a provision that makes it clear that nothing should prevent a prosecutor from providing
victim services to persons injured by the commission of a crime, even though a complaint or indictment has not yet been
issued. 240

In addition to extending rights before the filing of charges, several states require consultation before the prosecutor reaches a
plea agreement with the defendant. For example, Idaho's statute provides that a victim must be given an opportunity "to
communicate with the prosecution in criminal or juvenile offenses, and be advised of any proposed plea agreement by the
prosecuting attorney prior to entering into a plea agreement in criminal or juvenile offenses involving crimes of violence, sex

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228 Under Arizona law, the "rights and duties that are established by this chapter arise on the arrest or formal charging of the person or
persons who are alleged to be responsible for a criminal offence against a victim." Ariz. Rev. Stat. Ann. § 13-4402(A) (2010) (emphasis
added).

229 Ariz. Rev. Stat. Ann. § 13-4419(A) (2010).

230 See Ariz. Rev. Stat. Ann. § 13-4402.01(A).

231 It appears, however, that the criminal proceeding may have been parallel to the civil forfeiture proceeding. See State v. Lee, 245 P.3d 919,
923-24 (Ariz. Ct. App. 2011).

232 Haw. Rev. Stat. Ann. § 801D-4(a)(1) (LexisNexis 2007).

233 See id.

234 Id. § 801D-2.

235 Colo. Const. art. II, § 16a; Colo. Rev. Stat. § 24-4.1-302(1) (2013). But see Colo. Rev. Stat. § 24-4.1-302.5(1)(f) (2012) (limiting
conferral right, in particular, to later stages of a criminal proceeding). Despite these limitations on the conferral right, victims retain the ability
to be heard at any hearing involving a plea. See id. § 24-4.1-302.5.

236 Mo. Ann. Stat. § 595.209(10) (West 2011).

237 Office of Victim-Witness Advocacy, N.J. Dep't of Law & Pub. Safety, A Crime Victim's Guide to the Criminal Justice System 4 (2d ed.
1997); see also N.J. Const. art. I, § 22. Compare 18 U.S.C. § 3771 (2012), with N.J. Stat. Ann. § 52:4B-36 (West 2009). In addition to the
rights similar to the federal legislation, New Jersey law provides for the right "to be advised of case progress and final disposition and to
confer with the prosecutor's representative so that the victim may be kept adequately informed ... ." Id. § 52:4B-36(k).

DAVID SCHOEN

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