Rights of Victims

YOUR FEELINGS ARE IMPORTANT

If you are the victim of a crime you will receive a Victim Impact Statement from the State Attorney’s Office. This statement allows you to provide us with information about your losses from the crime, how the crime has affected you and your recommendation on the disposition of the case. Please complete the statement and return it to the State Attorney’s Office. If you have any questions regarding the Victim Impact Statement please contact the victim advocate in your area. You also have the right to request, for specific crimes, that your home and work telephone numbers, home and work addresses and personal assets not be disclosed to anyone.

AS A VICTIM OR WITNESS OF A CRIME, CERTAIN THINGS
ARE EXPECTED OF YOU

When a crime has been committed against you or you have seen, heard, or know something about that crime, you become a victim or a witness. As a victim or witness, you are a very important part of the case. If you are the victim of a physical injury or the owner of property that has been damaged, stolen, or misused in the commission of a crime, you are vital to the case. You may also be an eyewitness and your testimony is necessary to establish the facts of a case. Interference with a witness by threats or acts of revenge is a third degree felony and a matter to which the law enforcement agencies, prosecutors and courts will give particular attention and will do their utmost to remedy. Please contact your local law enforcement agency or State Attorney’s Office immediately should you be threatened or harassed about your case.

AS A VICTIM OR WITNESS TO A CRIME, YOU HAVE CERTAIN RIGHTS

• The right to be present, informed and heard when relevant at all crucial stages of the criminal and juvenile justice system as along as that right doesn’t interfere with the rights of the accused.

• The right to be free from intimidation or harassment.

• The right to be notified when a defendant escapes or is released from custody.

• The right to ask the court for restitution and information on enforcement in the event the offender does not pay.

• The right to request assistance from law enforcement and the state attorney’s office in notification to creditors and employers in regard to financial hardship or absences resulting either from the crime or by cooperating with authorities.

• The right to a prompt, timely disposition of your case, providing that it does not interfere with the rights of the accused.

• The right to be notified of scheduling changes in your criminal or juvenile justice system appearances by the scheduling agency.

• The right to be consulted by the State Attorney’s Office in certain felony cases regarding the release of the accused pending proceedings, plea agreements, pretrial diversion programs or sentencing, in order to obtain your view about the disposition of your case.

• The right, upon your request, to have a victim advocate to accompany you to a deposition. The advocate may be designated by the State Attorney, Sheriff, Police, or not-for-profit organizations, such as rape crisis centers or domestic violence groups.

• The right to review certain portions of a pre-sentencing investigation report for adults or youthful offenders prior to the sentencing of the accused.

• The right to submit an oral or written victim impact statement to the court prior to the sentencing of the accused.

• The right to a prompt return of property following the completion of the case unless there is a compelling law enforcement need to retain the property.

• The right to assert, or have the State Attorney’s Office assert your legal rights as a crime victim.

• The right to request and know at the earliest opportunity if the person charged with a sex offense has tested positive for HIV and receive the results of the testing within two weeks of the court’s receipt of the results.

• The right in certain circumstances to request that the offender be required to attend a different school other than the victim or siblings.

• The right of a victim of sexual offenses to have the courtroom cleared, with certain exceptions, during testimony, regardless of age or mental capacity.

• A victim of domestic violence has the right to be informed of the Address Confidentiality Program administered by the Office of the Attorney General.

• Incarcerated victims have the right to be informed and submit written statements at all crucial stages of the criminal and juvenile justice systems.

• The victim or next of kin or relatives of minor victims must receive advance notification of judicial and post judicial proceedings relating to the case including the arrest, release, work release, or release to community control of the accused; as well as proceedings in the prosecution of the accused.

• The victim or next of kin can not be excluded from any portion of a hearing, trial or proceeding based solely on the fact that such person is subpoenaed to testify, unless the court determines their presence is prejudicial.

• The right to receive general victim assistance, such as translators, transportation or separate waiting rooms, upon request.

• The right to be informed of financial compensation from the State of Florida.

• The right to receive information regarding the role of the victim in the criminal or juvenile process.

• The right to receive information on crisis intervention services and local community services. {link to Directory of Services}

• The right to receive information regarding the stages of the criminal or juvenile justice process.

• The right to be notified of the arrest and release of the offender providing you have provided current addresses and telephone numbers.

• The right of a victim who is not incarcerated to not be required to attend depositions in any correctional facility.

• The right to request in specific crimes, that your home and work telephone numbers, home and work addresses and personal assets not be disclosed to anyone.



IF YOU LIVE OUT OF TOWN

The State of Florida will pay your travel expenses for your return to testify at a trial. You may become a victim or witness of a crime while visiting our circuit or may move from the area after a crime has been committed. If so, it is still important that you cooperate in the prosecution. Please notify our office of any change in address or telephone numbers.

ARREST

When an arrest is made, the arresting officer will make every effort to notify the victim, witnesses, relative of minor victims, witnesses and relatives of homicide victims when those persons have provided current address and telephone numbers to the investigating agency. A Victim Notification Form should be completed which contains the information needed for notification of any release and provided to the facility housing the accused. A sample form has been enclosed for your inspection. Please keep our office advised of any changes in your address or telephone numbers. We cannot keep you informed if we cannot reach you!

FILING FORMAL CRIMINAL CHARGES

Once the State Attorney’s Office receives the formal complaint from law enforcement, an Assistant State Attorney is assigned to handle the case. He reviews the case and interviews the victims and witnesses in the case. It is important that you cooperate with the Assistant State Attorney to ensure that all the information about the crime is provided.
After the case has been reviewed by the Assistant State Attorney he/she will determine if any criminal charges will be filed. The formal charging document is called an “information”. The information is then filed with the Court.
The Assistant State Attorney may determine that the case cannot be prosecuted for any number of reasons, such as lack of evidence, witnesses who cannot be located, etc. Whenever possible, the Assistance State Attorney will make every attempt to contact the victim prior to
this decision being filed with the Court. The paperwork filed with the Court stating that the State will not prosecute is known as a “No information”, or “no action”. If an information has already been filed by the State and new evidence is submitted which leads the State to decide that the case cannot be prosecuted, paperwork is then filed with the court, known as a “nolle Prosequi”.
If an information has been filed and the defendant has not yet been arrested, an order for the defendant to appear in court, or an order for the arrest of the defendant may be issued.

FIRST APPEARANCE

If an arrest is made, within 24 hours the Court holds a hearing called the “First Appearance Hearing”. At this hearing the Judge decides whether or not the defendant can be released and if there are any special conditions necessary to protect the victim. He must also ensure that the accused will appear in court if released. The bond is set by the Judge at this time.
Frequently, the Judge will include a special condition ordering the defendant to have no contact with the victim or witnesses of the case. If you are contacted or harassed by the defendant you should contact the State Attorney’s Office immediately. If you wish to attend the First Appearance you should contact the State Attorney’s Office to confirm the date and time.
Once the bond amount is set by the Judge, if the defendant is able to post the bond amount he or she may be released pending trial. If you would like to be advised of the release of the defendant you must contact the arresting agency, or the jail facility.
If the defendant is unable to post bond the defendant’s attorney may request a bond reduction hearing to lessen the original bond amount in order for the defendant to be released prior to the trial.

THE ARRAIGNMENT

Following First Appearance, the defendant is required to appear in Court to state whether he or she is guilty or not guilty of the charges filed. As a victim you have the right to be present at the arraignment, however, your presence is not required.

SUBPOENAS

Once a case has been set for trial and the prosecution has begun, you may receive a subpoena, which is a court order requiring your presence at a certain time and place. Your failure to appear could result in a contempt of court charge against you.

DEPOSITIONS

Florida law allows the defendant’s attorney to interview all witnesses in a case after formal charges have been filed and prior to a trial. You may receive a subpoena from the defendant’s attorney requiring you to appear to have your deposition taken.
You have the right to request that a Victim Advocate accompany you to a deposition. Please make your request known to the Assistant State Attorney handling your case. Victims who are not incarcerated shall not be required to attend depositions in any correctional facility.
You are NOT required to talk to the defendant, his/her attorney, or a representative of the defendant, such as a private investigator regarding your case, without a subpoena. Should you have questions concerning this matter, please contact your assistant state attorney.

CONTINUANCES

It is not unusual for a case to be continued or postponed. Every attempt is made to try a case as quickly as possible, however, there are circumstances that cannot be controlled which
may make a continuance necessary.
It is extremely important that you contact the assistant state attorney one day prior to your scheduled appearance to make sure that the case not been continued!

PLEA NEGOTIATIONS

Sometimes the defendant will plead guilty to all or some of the charges prior to trial. This plea may be the result of discussions between the assistant state attorney and the defendant’s attorney. You may want to contact the State Attorney’s Office to inquire about a defendant’s plea.

THE TRIAL

In a trial, the Assistant State Attorney presents the witnesses and evidence for the State and the defense attorney presents the witnesses and evidence for the accused. The State has the burden of proving that the defendant did commit the alleged crime.
Following presentation of evidence by the State and the defense, each attorney summarizes their side of the case, called the “closing arguments”. Following the closing arguments the Jury is sent out of the courtroom to decide whether or not the defendant is guilty. The jury’s decision is called the “verdict”. When the jury has made their decision, they are then brought back into the courtroom where the Foreman of the Jury hands down the verdict to the Judge. The verdict is then read aloud by the Deputy Clerk of the Court.


CHANGING YOUR MIND ABOUT PROSECUTING OR TESTIFYING

The Assistant State Attorney will discuss any problems, doubts or questions you may have about your testimony. If you should decide that you do not want to prosecute the defendant you may be asked to sign paperwork stating why you want to dismiss the charges. The Assistant State Attorney has the responsibility of deciding whether or not to continue with the prosecution of the case.

PRE-SENTENCE INVESTIGATION

When the Judge schedules the sentencing he also orders the Department of Corrections to complete a report on the defendant which includes his/her prior criminal history, personal background, etc. It also includes a section for input from the victim of the crime which provides the Court with information regarding restitution due to the victim, as well as his/her recommendation as to the sentence.
Crime victims or their designees have the right to review a copy of the pre-sentence investigation if one is completed. The State Attorney’s Office will facilitate the review, if requested. Upon completion of a signed agreement by the victim to abide by the limitations placed by law on the use of the information gained in the pre-sentence report, a properly redacted copy will be supplied.

THE SENTENCING

A defendant who has been found guilty or has plead guilty is brought back before the Judge at a scheduled hearing call the “sentencing”. The Judge, using sentencing guidelines, sentences the defendant in a manner appropriate to the crime. The defendant may be sentenced to a term of probation or ordered to make restitution, pay court costs and a fine, community control supervision, or incarceration in jail or prison.
As the victim, you have the right to be present at the sentencing of the defendant and to appear before the court to personally state your feelings and recommendations to the Judge. This is done prior to the sentence being imposed. If you wish to be present and speak at the sentencing, contact the Assistant State Attorney or your Victim Advocate, so that arrangements can be made. If you do not wish to personally appear before the Court, you may submit a statement in writing to the Court prior to the sentencing.
At the sentencing the Court can order the defendant to pay restitution for damages caused by the crime. If the defendant is also sentenced to prison or jail, the restitution may not be paid until his/her release. The decision on whether to order restitution is strictly up to the Judge, however, if restitution figures are provided and the Court fails to order restitution, the Court must give reasons for not ordering the restitution. If an order of restitution is converted to a civil lien or civil judgment against the defendant, the clerks shall make available at their office, as well as on their website, information provided by the Secretary of State, the court, or the Florida Bar on enforcing the civil lien or judgment.
If you have questions regarding this matter, please contact the State Attorney’s Office.

DOMESTIC VIOLENCE VICTIMS

If you have been the victim or are afraid you will become a victim of domestic violence you have the right to request an Injunction for Protection. An Injunction is a court order signed by a Judge that orders the abuser to have no further contact with you personally or at your place of employment, residence or by telephone. It may also give you temporary custody of your children, sole use of your home, temporary child support and court ordered counseling for the abuser.
To obtain in Injunction for Protection go to the Clerk of Circuit Court in your county Courthouse and complete the forms.  You must present a picture I.D. when filing for the injunction. Once completed a Judge will review them and either grant or deny your petition. If granted, you will be given a Temporary Injunction and a court date to appear before the Judge. You Must attend this hearing, otherwise the Judge could dismiss your injunction! The Sheriff’s Department in your county will serve the abuser with the injunction. You must contact your local sheriff’s office to verify service. Keep a copy of the injunction with you at all times.
In the event that the abuser violates the order you should contact your local law enforcement agency for assistance. Please feel free to contact the State Attorney Victim Advocates for assistance.
If you are a victim of domestic violence and would like to complete an application for the Address Confidentiality Program, please contact one of the state attorney victim advocates in your local state attorney’s office. They have been certified by the Office of the Attorney General to complete these applications and will be happy to assist you. You may also contact the Attorney General’s Office directly at (800)226-6667 for assistance.

JUVENILE CASES

A juvenile arrested and charged with a misdemeanor or non-violent felony may be released immediately into the custody of the parent or legal guardian. Juveniles charged with more serious crimes may go to a detention center. You have the right to attend any crucial hearing concerning your case, however, you should be advised that information gained by the victim , including the next of kin of a homicide victim regarding any case handled in juvenile court must not be revealed to any outside party, except as is reasonably necessary in pursuit of legal remedies. You also have the right to request, in certain circumstances, that the offender be required to attend a different school than the victim or siblings of the victim.
The Juvenile Justice Process consists of the following steps:


INTAKE: The process of determining where a child under the age of 18 will be placed until the case is resolved. There are 3 forms of detention status: home, non-secure or secure.

DIVERSION PROGRAMS: An alternative to trial where the juvenile is placed in a community based program such as juvenile arbitration, JASP, or treatment plans. If a juvenile successfully completes the diversion program, then the charges are generally dismissed.

FORMAL CHARGES: The filing of a petition in court by the State Attorney’s Office. Charges may be filed in juvenile or adult court, depending upon the crime and the age of the offender.

ARRAIGNMENT: The accused is formally charged and enters a plea of guilty, not guilty, or no contest.

ADJUDICATORY HEARING: The trial of the juvenile, held before a judge. The judge decides whether the juvenile committed the charged offense.

SENTENCING: When a juvenile is found to have committed a delinquent act the court holds a dispositional hearing to determine which sanctions to impose on the juvenile. These sanctions range from community-based sanctions like probation or community services, up to residential commitment.

JUVENILES TRIED AS ADULTS: Juveniles who commit very serious crimes may be tried as adults. Those who are prosecuted as adults may be sentenced to adult or juvenile sanctions.

You may contact our office for additional information regarding the stages of the criminal and juvenile justice process.

THE DEFENDANT’S RELEASE OR ESCAPE FROM INCARCERATION

The State Attorney’s Office makes every effort to advise the victim, witnesses, parents or legal guardians of the escape or release of the defendant. If you wish to be notified of the defendant’s release, release to community work release programs, community control, or escape from incarceration you must submit a written request to the appropriate department, whether it be the county jail or the Department of Corrections. Our office will be happy to assist you with these requests. The Department of Corrections may be reached at the following:

ADMISSION & RELEASE AUTHORITY
VICTIM ASSISTANCE PROGRAM
2601 BLAIRSTONE RD.
TALLAHASSEE, FL 32399-2500
(850)488-9166 OR TOLL-FREE (877)884-2846


HIV TESTING

When you, your minor children, or a person for whom you are the legal guardian is the victim of certain crimes, you have the right to request that the person charged be tested for the HIV virus and have the results disclosed to you. Victims who are under the age of 18, disabled, or elderly have the right to request the court to order the accused to undergo HIV testing regardless of whether the offense involves the transmission of bodily fluids. Upon request, the victim has the right to receive the results of the testing within two weeks of the court’s receipt of the results.
If you have questions about this right or the proper way to request the testing, contact your State Attorney Victim Advocate.

PHYSICAL INJURY AS A RESULT OF A CRIME

The Bureau of Victim Compensation offers financial assistance to innocent victims of violent crime who have suffered death or physical injury as a direct result of a crime. To
be eligible the death or physical injury must have resulted in a serious financial hardship to the victim or his/her dependents.
Victim Compensation does not cover property loss unless you are elderly (60 or over) or disabled. This amount is limited to $500. Funeral Expenses, medical expenses, professional counseling and loss of wages are items covered by Victim’s Compensation.
Applications can be obtained through your local Victim/Witness Assistance Program. All applications are forwarded to Tallahassee where the claim is thoroughly investigated and processed. You may contact the Bureau directly by calling toll-free (800)226-6667, or
(850)414-3300.
Victims of violent crimes where physical injury has occurred in which a suspect has not been identified nor charged may still be eligible for compensation. However, if criminal charges have been filed, the victim must cooperate fully with the prosecution of the case in order to remain eligible.

PROPERTY RETURN

If your property has been stolen in a crime, and it has been recovered, it may be necessary to hold it until the case goes to trial. Once the case is closed, any property being held will be returned to its owner unless there is compelling reason to hold it. If you need assistance with return of your property, please contact the State Attorney’s Office.

STATE ATTORNEY’S VICTIM/WITNESS ASSISTANCE PROGRAM

The State Attorney’s Victim/Witness Program was implemented to assist you through the difficulties incurred as a result of your crime. The victim advocates work with the assistant state attorneys of this office to answer your questions, assist in the preparation of Victim Compensation applications, assist you in finding the proper professional services, counseling or support groups to meet any need you or your family may have. They are available to explain the judicial process and provide court accompaniment, transportation, translators, as well as other general victim services.