08/27/2026
⚖️ MARSY’S LAW — CRIME VICTIMS HAVE RIGHTS ⚖️
As a California Licensed Private Investigator, I work on both criminal defense matters and investigations involving victims and witnesses. One thing every investigator—and every crime victim—should understand is Marsy’s Law.
Marsy’s Law is contained in Article I, Section 28 of the California Constitution and provides important, enforceable rights to victims of crime.
Among those rights, a victim has the right:
• To be treated with fairness and respect for their privacy and dignity and to be free from intimidation, harassment, and abuse.
• To be reasonably protected from the defendant and persons acting on the defendant’s behalf.
• To prevent certain confidential information from being disclosed when it could be used to locate or harass the victim or the victim’s family.
• To refuse an interview, deposition, or discovery request from the defendant, the defendant’s attorney, or anyone acting on behalf of the defendant.
• If a victim chooses to participate in an interview, the victim may set reasonable conditions on how that interview is conducted.
• To receive reasonable notice of criminal proceedings and, upon request, to be heard at certain proceedings involving release, plea, sentencing, and post-conviction matters.
• To seek restitution for losses resulting from criminal activity.
• To be informed of the rights provided by Marsy’s Law.
As private investigators, our responsibility is not simply to gather evidence. We must conduct investigations professionally, ethically, and with an understanding of the constitutional rights afforded to crime victims.
A victim can voluntarily agree to speak with a defense investigator—but they also have the constitutional right to say NO.
Knowing the law protects the victim, protects the investigation, and protects the integrity of the criminal justice system.
Scott R. James II
California Licensed Private Investigator
Court-Qualified Fi****ms Expert
