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 VICTIM'S RIGHTS

The Constitution of the State of Florida:  Article 1, S.16(b)

"Victims of crime or their lawful representatives, including the next of kin of homicide victims, are entitled to the right to be informed, to be present, and to be heard when relevant, at all crucial stages of criminal proceedings, to the extent that these rights do not interfere with the Constitutional rights of the accused."

VICTIMS ARE ENTITLED TO:

1. Information concerning services available to victims of adult and juvenile crime, such as Crimes compensation and victim treatment programs in the community.

2. Information regarding the specifics stages of the criminal and juvenile justice systems and what your role in each stage will be.

3. Information concerning protection available to victims/witnesses against intimidation and/or harassment. Contact your local law enforcement agency and/or the State Attorney's Office.

4. Request restitution. You have enforcement rights under Florida Statutes 775.089(5) and 39.022.

5. Notification in advance, if possible, of:

   1. Arrest of the accused.

   2. Release of the accused.

   3. Proceedings of the case including arraignment, pretrial conference, plea, trial, or adjudicatory hearing, sentencing, disposition, violation of probation and/or violation of community control.

6. The right to be present, and to be heard when relevant, at all crucial stages of criminal proceedings, to the extent that these rights do not interfere with the Constitutional rights of the accused. This includes survivors of homicide victims.

7. The presence of a victim advocate at any deposition of the victim, at the victim's request.

8. Assistance with property return, employer or school notification, explanation to creditors of serious financial strain as a result of victimization and transportation to court hearings. A victim or victim's next of kin may not be excluded from any portion of any hearing, trial, or proceeding pertinent to the offense based solely on the fact that such a person is subpoenaed to testify unless, upon motion, the court determines such person's presence to be prejudicial.

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Last modified: 10/23/07                    

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