Criminal Defense Article
Don't be victim twice.
by J. David Gentle
We all have heard on our favorite police television show or movie an actor dramatically stating the words “You have the right to remain silent…” The beginning phrase of our Constitutional Rights that are explained to a person accused of committing a crime. But what many people don’t know is that just like the people who are accused of crimes have rights, the victims of crimes have rights too.
Crime victims and witnesses are very important to making sure that our criminal justice system works, and that justice is performed. The Florida Legislature recognized this important role in the Florida Victim Witness Protection Act of 1984. Because a victim or a witness of a crime can suffer injury or death as a result of criminal acts, and thereby suffer disabilities, incur financial hardships, or become dependent upon public assistance, the legislature found that there is a need for government assistance for the victims of criminal acts and therefore gave rights to victims.
A victim, as defined by the Florida Statutes is a person who suffers personal injury or death as a direct result of a crime or a personal loss. In other situations, a victim can also be a person under 16 years of age without a physical injury who was present at the scene of a crime, saw or heard the crime, and has suffered a psychiatric or psychological injury because of the crime.
Victims, including sometimes the victim’s family or their lawful representatives are entitled many rights under the Florida Constitution. Through these laws, victims have rights before, during and after the criminal case. In all three phases, they have rights to have notification of all proceedings in the prosecution of the accused, which includes the arraignment, trial, sentencing, disposition hearing, appellate review, subsequent modification of sentence, and collateral attack of a judgment.
Before the case is in court, victims have a right to have information furnished on the available means for law enforcement officers and state attorneys to protect them from intimidation. They have a right, if possible, to receive prompt advance notification of the arrest of the accused and of the release of the accused pending judicial proceedings.
During the criminal charges, the victim has the right to be present, the right to be informed, and the right to be heard when relevant at all crucial stages of criminal proceedings. These rights are guaranteed as long as these rights do not interfere with the constitutional rights of the accused. Victims also have a right to be consulted by the assistant state attorney assigned to the case concerning the disposition of the case, including: plea agreements, participation in pretrial diversion programs, and sentencing. A witness or a victim also has a right to assistance in other areas such as transportation to court, parking, separate waiting areas, communication with employers, and if necessary a translator.
At the end of the case, where a term of imprisonment or detention is imposed, the victim has the right a notice as to the release of the defendant. The victim has the right to request and receive restitution from the defendant for any direct or indirect loss you may have suffered as a result of the defendant's actions. If a victim has suffered a serious financial strain as a direct result of a crime, they have a right to be assisted by the State Attorney in explaining to creditors the reason for such serious financial strain. Furthermore under Florida Law, qualified victims may be entitled to financial assistance through the Victim's Compensation Fund.
Being a victim is not a role any of us want to play in our lifetime, but being
a victim a second time by not knowing your rights is worse. As an attorney,
it is an honor and privilege to assist people in their time of need. Not just
people accused of crimes, but also those who have the misfortune of being a
victim to crime. The judicial system can be complex and very confusing to those
who are not familiar with it. If you have concerns about your rights, contact
your attorney, or find an attorney with the experience to handle your case.
Written by J. David Gentle, Esquire of the Law Firm Longwell & Gentle P.A..
For more information, please contact our law office at 407-426-5757.