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1.
You have the right
to be informed, to be present and to be heard when relevant at all
crucial stages of a criminal or juvenile proceeding, to the extent
that this right does not interfere with constitutional rights of the
accused.
2.
You have
the right to submit an oral or written impact statement at such
sentencing or juvenile disposition hearing.
3.
You have
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 act, if the defendant is convicted at trial or ad
judicatory hearing or pleads guilty or no contest to the offense.
4.
If you have
property held for evidentiary purposes by a law enforcement agency,
you have the right to have it photographed and returned, unless
there is compelling law enforcement reason for retaining it.
5.
You may
have a right to receive compensation for any physical injury you
have received as a result of the defendant's criminal or delinquent
activity. The Victim's Compensation Fund established under Florida
Law may entitle you to financial assistance if you qualify.
6.
You have a
right to have information furnished to you on steps available for
law enforcement officers and state attorneys to protect you from
intimidation.
7.
You have a
right to receive prompt advance notification, if possible, of:
a. The arrest of the accused.
b. The release of the accused pending judicial proceedings.
c. Proceedings in the prosecution of the accused, including the
arraignment, disposition of the accusatory instrument, trial, ad
judicatory hearing, sentencing, disposition hearing, appellate
review, subsequent modification of sentence, collateral attack of a
judgment , and, where a term of imprisonment, detention, or
involuntary commitment is imposed, the release of the defendant
from such imprisonment, detention or commitment.
8.
If you are
a victim of a felony involving physical or emotional injury or
trauma or in the case of a minor child or a homicide, the guardian
or family of the victim, you have a right to be consulted by the
assistant state attorney assigned to your case concerning the
disposition of the case, including:
a. The release of the accused pending judicial proceedings.
b. Plea agreements, if any.
c. Participation in pretrial diversion programs.
d. Sentencing or disposition of the accused.
9.
If you are
the victim of domestic violence, you may ask the state attorney to
file a criminal complaint. You also have the right to go to court
and file a petition requesting an injunction for protection from
domestic violence which may include, but need not be limited to,
provisions which restrain the abuser from further acts of abuse.
10.
A victim
who has been scheduled to attend a criminal or juvenile justice
proceeding shall be notified as soon as possible of any change in
scheduling of such proceeding.
11.
A victim
has the right to have a victim's advocate attend and be present
during any deposition of the victim.
12.
At your
request, you have a right to assistance by the Office of the State
Attorney in informing your employer of the need for victim and
witness cooperation in the prosecution of the case and that it may
necessitate the absence of the victim or witness from work.
13.
If you have
suffered a serious financial strain as a direct result of a crime,
or cooperation with law enforcement agencies of the State Attorney,
you have a right to be assisted by the State Attorney in explaining
to creditors the reason for such serious financial strain.
14.
General
Victim Assistance - as a victim or witness, you also have a right to
assistance in other areas such as transportation to court, parking,
separate pretrial waiting areas and translator services, as is
practical. The Witness Management Office of your local Circuit and
County Court can assist you in these areas. |
