What rights are victims entitled to?
- For victims who are not incarcerated, including next of kin of a homicide victim, be informed, be present and be heard, when relevant, at all crucial stages of the criminal or juvenile proceedings, to the extent that the right does not interfere with the Constitutional rights of the accused. If the victim is incarcerated, a written statement can be submitted at the proceedings.
- Compensation for any loss suffered, as well as other victim services through the Victim Compensation program when applicable.
- Information concerning available crisis intervention services, support and social services assistance within the community.
- Information concerning steps that are available to law enforcement officers and state attorneys to protect victims and witnesses from intimidation.
- Submit a Victim impact statement to the court.
- Request and receive restitution from the offender.
- Be told of their role in the criminal or juvenile justice system including what the victim may expect from the system as well as what the system may expect from the victim.
- Be told of the arrest of the accused.
- Return of his/her property unless, compelling reason exists to retain it.
- Prompt and timely disposition of the case in order to minimize the period during which the victim must endure the responsibility and stress involved.
- The victim or appropriate next of kin of the victim or other designated contact of the victim in the case of a homicide or sexual offense, or an attempted murder or sexual offense or stalking or domestic violence will be asked at the time the incident report is taken to complete a victim notification card. The card will be attached to the incident report unless the victim waives the option to complete the victim notification card.
- Advance notification of the release of the accused pending judicial proceedings or any modification of release conditions.
- Information concerning the escape of the accused from a state correctional institution, county jail, juvenile detention facility or involuntary commitment facility.
- Assistance in an explanation to employer and creditor for time lost at work and serious financial strain incurred as a direct result of a crime or of their cooperation in the case.
- Notification of any scheduling changes in the criminal or juvenile justice proceeding by the agency scheduling the appearance.
- Advanced notification to victim or relative of the victim concerning the judicial proceedings: The right to be present. The victim, relative of a minor or a homicide victim, shall receive from appropriate agency notification, unless the agency itself does not have the advanced notification, of judicial and post judicial proceedings relating to the case including:
- 1. The arrest of the accused.
- 2. The release of the accused.
- 3. Proceedings in the prosecution including sentencing. deposition hearings, appellate review, release by expiration (if sentence or parole and any meeting held to consider such release.
- For the victim of a felony involving physical or emotional injury or trauma or in a case in which the victim is a minor child or in a homicide, the guardian or family of the victim consultation by the state attorney in order to obtain the views of the victim or family about the disposition of any criminal or juvenile case brought as a result if such crime, including the views of the victim or family about.
- 1. Release of accused pending judicial proceedings
- 2. Plea agreements
- 3. Participation in pie-trial diversion programs and.
- 4. Sentencing of the accused.
- Provision with other assistance such as transportation, parking. separate pie-trial waiting areas, and translator services ill attending court as is practicable.
- Request the presence of a Victim Advocate during all the steps of the criminal proceedings, including depositions.
- Request HIV testing of a person charged with committing any sexual offense under FS 794 or 500.04 which involves the transmission of body fluids. HIV test results shall be disclosed to the victim or the victim's legal guardian if the victim is a minor.