Becoming the victim of a crime can leave someone facing not only the emotional impact of what happened, but also an unfamiliar and sometimes lengthy legal process. In a recent episode of the Herlihy Family Law Podcast, Anna Eden, associate attorney at Herlihy Family Law and guest host for this episode, speaks with Stuart Lang of the Mobile County District Attorney’s Office about what the criminal case process looks like from a victim’s perspective. Their conversation covers what victims can expect as a case moves forward, how they can help protect the integrity of their case, common mistakes to avoid, and what happens when criminal proceedings overlap with divorce, custody, or other family law matters.

 

Understanding the Criminal Case Process

No two criminal cases follow exactly the same path. The process can vary depending on the type and severity of the alleged crime, where it occurred, the evidence available, and other circumstances.

Generally, the process begins when law enforcement receives a report. Officers may take statements from the victim and witnesses, collect evidence, and begin identifying and locating a potential suspect. Depending on the charges, a case can then proceed through several stages, including an arraignment, probable cause proceedings, grand jury consideration for applicable felony cases, and ultimately a plea agreement or trial.

For victims, it is important to understand that this process can take time. Criminal cases—particularly serious cases—may take months or even years to reach a final resolution. While prosecutors work to move cases forward, they must also ensure that investigations and prosecutions are handled thoroughly and in accordance with the law.

 

The Importance of Staying in Contact

Victims may have access to advocates and other resources throughout the criminal justice process. Victim advocates can help people understand what is happening with their case, stay informed about important developments, and connect with services that may be available.

One simple but important step victims can take is keeping their contact information current. Criminal cases can last for an extended period, and people may move, change phone numbers, or change email addresses during that time. If prosecutors and victim advocates cannot locate a victim, communicating important information about hearings, plea discussions, or other developments becomes more difficult.

Maintaining an open line of communication can help victims stay informed from the beginning of a case through its eventual resolution.

 

Honesty Can Be Critical to a Case

One of the most important things a victim can do is provide law enforcement and prosecutors with complete and truthful information—even when some of the facts may feel embarrassing, complicated, or unfavorable.

Trying to leave out details or changing the story later can create credibility problems. If a case goes to trial, inconsistencies may be identified by the defense and considered by a judge or jury.

A victim does not need to make the circumstances appear better or worse than they actually were. Providing an accurate account from the beginning allows law enforcement and prosecutors to evaluate the evidence based on what actually happened.

 

Preserve Evidence—But Don’t Manipulate It

Texts, emails, photographs, voicemails, social media messages, and other digital communications can potentially become important evidence. Physical evidence, including DNA and fingerprints, may also be significant depending on the circumstances.

Victims should preserve potentially relevant information rather than deleting, editing, or selectively presenting it. Attempting to conduct an independent investigation or alter evidence to make a case appear stronger can instead create questions about the reliability of that evidence.

When possible, allow law enforcement to handle the formal collection and preservation of evidence. Investigators and prosecutors may also have legal tools available to obtain records directly from social media platforms and other third parties.

Prompt reporting can sometimes make evidence preservation easier as well, particularly in cases involving physical evidence that may disappear or become more difficult to recover over time.

 

Follow No-Contact and Protection Orders Carefully

When a court issues a no-contact order or protection order, everyone involved should take the order seriously.

Continued communication between the parties can complicate a case and may affect how the circumstances are perceived. Problems can also arise when friends or family members become involved by contacting, confronting, or harassing the other party or their family.

Even when emotions are high, avoiding unnecessary contact and following the court’s instructions can help prevent additional legal complications. A protection order is intended to provide protection—not to create another avenue for conflict or retaliation.

 

Be Extremely Careful With Social Media

Social media can create significant problems during a pending criminal case.

Posts about the accused, the alleged crime, the court, attorneys, witnesses, or other people involved may eventually become relevant to the proceedings. Even indirect posts, memes, videos, or comments that do not mention someone by name can potentially be interpreted in ways the person posting them never intended.

The safest approach is generally to avoid discussing an active legal matter online. A moment of frustration can result in a permanent digital record that may later be reviewed by attorneys, prosecutors, or the court.

Victims should also remember that privacy settings do not necessarily guarantee that a post will remain private.

 

When Criminal and Family Law Cases Overlap

Criminal proceedings can become particularly complicated when they occur at the same time as a divorce, custody dispute, protection-from-abuse proceeding, or another family law matter.

For example, allegations of domestic violence may be relevant to both criminal charges and decisions being made in family court. At the same time, statements made during a civil proceeding could potentially affect the criminal case.

The constitutional rights of the person accused of a crime must also be considered. Testimony provided in a civil proceeding about the same underlying events may potentially be used in the related criminal matter. As a result, certain aspects of a divorce or custody case may be delayed while the criminal case is pending.

That does not necessarily mean that all family court relief must wait. Depending on the circumstances, there may be options for seeking immediate or emergency relief while the larger legal issues remain unresolved.

Because these cases can affect one another, coordination and careful legal guidance can be especially important.

 

Don’t Be Afraid to Ask for Help

Feeling overwhelmed after becoming the victim of a crime is understandable. The legal system may be unfamiliar, and victims may be dealing simultaneously with fear, grief, financial concerns, family issues, or major changes in their everyday lives.

One of the most important first steps is to communicate with someone trustworthy and seek appropriate help. That may mean contacting law enforcement, speaking with an advocate, talking with an attorney, or confiding in someone who can provide support.

Making a timely report can also create a record of what happened and may help preserve evidence. Victims should not assume they need to understand the entire legal process before asking for assistance. There are professionals and organizations whose role is to help people understand their options and navigate what comes next.

 

Learn More From the Herlihy Family Law Podcast

Criminal charges, protection orders, divorce, and custody matters can sometimes become closely intertwined. Understanding how these different proceedings may affect one another can help individuals make more informed decisions and avoid actions that could unintentionally complicate their cases.

For more insight into what victims can expect during the criminal case process, listen to this episode of the Herlihy Family Law Podcast. And if you are navigating a divorce, custody dispute, protection order, or another family law matter, visit herlihyfamilylaw.com to learn more about Herlihy Family Law and the resources available to you.