Does giving notice of an opportunity to be heard in court procedures interfere with the court or slow the process down?
Legal experts believe that notifying victims and allowing them to be participants in the process will not significantly delay court proceedings. In those cases where victims have opted in to get notice, they may be heard briefly in a hearing to determine the conditions of release - but they have also historically been necessary witnesses in most cases and are often called to testify in trials.
The case is now, and will be, between the State and the defendant - and the DA will continue to make decisions about how and when the case will be resolved. This law does not change the authority of the District Attorney. The victim will not be a party but recognized as more than a bystander. The victim will not be able to veto or override the decision of the constitutionally empowered District Attorney, whose job it is - now and under the proposed amendment - to balance all of the competing interests. Marsy’s Law ensures that these rights are guaranteed to victims and their families.