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VICTIM
INFORMATION
(Victims
Bill of Rights, Florida)
RESTITUTION:
You have the right to request restitution from the defendant. The
court may order restitution for medical bills, psychological care,
lost wages, property damage or loss and funeral or related expenses
if death occurred. You may be required to provide documentation
of your loss.
VICTIM IMPACT
STATEMENT:
You have the right to submit a Victim Impact Statement which can
be reviewed by our office and the court. The Impact Statement provides
you with the opportunity to express your feelings about the crime,
its impact on your life and your thoughts on sentencing. The Impact
Statement is also used to record your loss, expenses, or injuries
you received as the result of having been a Victim.
CRIMES COMPENSATION:
The State of Florida has established the Crimes Compensation
Program. Crimes compensation is available to eligible applicants
who are the victim of violence or to family members for the funeral
expense of a loved one, minor witnesses and elderly or disabled
adults.
CRUCIAL PROCEEDINGS:
You have the right to be informed, present and when relevant, heard
at all crucial judicial proceedings. Please contact the Victim/Witness
Counselor if you wish additional information about the case proceedings.
ASSISTANCE
WITH PROPERTY RETURN: In some cases, property can be returned
to the victim pending judicial proceedings. However, in other cases,
property must be retained by Law Enforcement in the event the case
goes to trial.
OFFICE CONSULTATION:
If you are the victim of a crime, the guardian of a child who is
a victim, or the next of kin to a homicide victim, you have the
right to discuss your case with the Assistant State Attorney or
Victim/Witness Counselor.
EMPLOYER/CREDITOR
NOTIFICATION: At your request, the Victim/Witness Counselor
will notify your employer/creditor of the necessity of your participation
in the judicial process. At your request, the Victim/Witness Counselor
will also notify your creditors of any financial strain you may
incur due to your participation in the judicial process.
ARREST AND
RELEASE OF THE ACCUSED: You have the right to information about
the arrest and release of the accused. You may receive notification
by mail or by phone, or you may contact our office if you wish additional
information.
FINAL DISPOSITION:
You have the right to information about the disposition of the case.
ESCAPE OR
RELEASE: You have the right to be informed if the defendant
should be released or escape from a commitment facility.
PUBLIC RECORDS
EXEMPTION: Victims of sexual battery, aggravated child abuse,
aggravated stalking, harassment, aggravated battery or domestic
violence have the right to request that the State Attorney's Office
keep specified information exempt from public record.
TIMELY RESOLUTION:
You have the right to request a timely resolution of your case.
PRE-SENTENCE
INVESTIGATIVE REPORT: You have the right to review portions
of any pre-sentence investigative report prior to the sentencing
hearing. Please let your Victim/Witness Counselor know if you wish
to review this report.
STANDING:
As the victim of a crime, you have standing to assert all rights
provided by law and the Florida Constitution. Please contact your
Victim/Witness Counselor for information concerning your rights
as the victim of a crime.
PLEASE
CONTACT THE CENTER FOR VICTIM RIGHTS IF YOU NEED ASSISTANCE:
Phone:
352-628-6481 Cell: 352-613-3315
The following
are some terms and their definitions that will help you understand
the Judicial System:
PROSECUTOR: Every criminal case is handled by an Assistant
State Attorney who is a lawyer. The job of the Assistant State Attorney
is to prosecute those who break the laws of the State of Florida.
VICTIM:
A victim of a crime is someone who has suffered psychological, physical
or financial harm because of direct criminal actions by someone
else.
WITNESS:
A witness is someone who may know something about a crime that has
been committed. The slightest information about a case may be important
for successful prosecution. Please contact the State Attorney's
Office if you are harassed or threatened because you are a witness
on a criminal case. If the State Attorney's Office is closed, contact
your local law enforcement agency.
DEFENDANT:
The defendant is the person who is charged with committing a crime.
DEFENSE ATTORNEY:
A defense attorney is someone hired by the defendant or appointed
by the court to defend and protect the constitutional rights of
the accused.
SUBPOENA:
A subpoena is a Court Order directing you to be present at the time
and place stated. PLEASE READ YOUR SUBPOENA CAREFULLY. In the next
few months you may be subpoenaed to testify at:
a) State Attorney Investigation: The Assistant State Attorney must
decide whether there is sufficient information to take a case to
trial. Although you may have already told everything you know to
a Law Enforcement Officer, it may be necessary that the attorney
here it from you under oath.
b) Deposition: Florida law gives the attorney for the defendant
the right to interview all witnesses in the case after the charges
are filed. The defendant's attorney will ask you questions which
you must answer truthfully. An Assistant State Attorney will be
with you during your deposition. You also have the right to request
the presence of a Victim Advocate.
c) Trial: In most cases, the defendant will plead guilty or no contest
before trial. However, in some cases, the defendant will go to trial
and you may be required to testify in court.
VICTIM/WITNESS COUNSELOR: The State Attorney's Office has Victim/Witness
Counselors available to assist you through the judicial process.
Please feel free to contact them with any questions you may have
about the judicial process, your rights as a victim or witness,
and any medical or social services you may require. If you are required
to come to the State Attorney's Office or Courthouse, the Victim/Witness
Counselor is available to discuss with you any questions you may
have about transportation, childcare, courtroom attire or parking.
Please discuss your needs with them.
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