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Victims Have Rights


As a crime victim or a homicide victim’s next of kin, you have rights.
These guaranteed rights as outlined in Florida Statue 960 include:

THE RIGHT to be present, informed, and heard, when relevant, at all crucial stages of the criminal and juvenile justice system as long as that right does not interfere with the rights of the accused.

THE RIGHT to be free from threats, intimidation, or harassment. It is against the law to cause a victim/witness to be placed in fear by force or threats, to make an assault on, or to harm any victim/witness. If you are being threatened or intimidated, please contact the Sarasota Sheriff’s Office.

THE RIGHT to be notified of the arrest of the accused and when a defendant escapes or is released from a holding facility.

THE RIGHT to ask the court for restitution (payment for financial loss as a result of a crime) from the defendant and information from the court on enforcement of that order.

THE RIGHT to request assistance from Law Enforcement and the State Attorney’s Office in notification to creditors and employers in regards to financial hardship or absences resulting from the crime.

THE RIGHT to a prompt, timely disposition of your case, provided this right 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 or person.

THE RIGHT to be consulted by the State Attorney’s Office in certain felony cases in order to obtain your or your family’s views about the disposition of any criminal or juvenile case.

THE RIGHT to have a Victim Advocate accompany you to a deposition. Victims who are not incarcerated shall not be required to attend discovery depositions in any correctional facility.

THE RIGHT to review certain portions of a pre-sentence investigation report for an adult and/or youthful offender before the sentencing of the accused.

THE RIGHT to submit an oral or written victim impact statement to the court.

THE RIGHT to have their rights as outlined in this brochure asserted through the State Attorney’s Office.

THE RIGHT to request and know at the earliest convenience, if the person charged with an offense, which involves the transmission of bodily fluids, has tested positive for the human immunodeficiency virus (HIV) infection.

The RIGHT to a prompt return of property following the completion of the investigation and/or prosecution of the case unless there is a compelling law enforcement need to retain the property.

THE RIGHT in certain circumstances to request that the offender be required to attend a different school than the victim or siblings.

 

¨      A victim of a sexual offense has the right to have the courtroom cleared, with certain exception, during his or her testimony regardless of their age or mental capacity.

¨      A victim of a sexual offense has the right to request the presence of a Victim Advocate during the forensic medical examination. An Advocate from a certified rape crisis center shall be permitted to attend any forensic medical examination.

¨     No law enforcement officer, prosecuting attorney or governmental official shall ask or require a victim of a sexual offense to submit to a polygraph examination or other truth-telling device as a condition of the investigation.

¨     A victim of domestic violence has the right to be informed of the Address Confidentiality Program administered by the Office of the Attorney General. Please contact 1 (800) 226-6667 for further information.

¨     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 the next of kin of a homicide victim are obligated by Florida Statute 960 to not release any information in a case involving a juvenile. The exception to this is if it is necessary in the pursuit of legal remedies.

¨     The victim, a homicide victim’s next of kin, or relative of a minor victim must receive advance notification of judicial and post judicial proceedings relating to the case including the arrest, prosecution, release, work release, or release to community control of the accused.

The victim or a homicide victim’s next of kin cannot 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.