Crime Victims Have Their Own Rights To Protect
The people facing criminal charges are not the only people who have rights during Florida criminal proceedings. The victims of these crimes also have several important rights.
The rights of crime victims are enshrined in Florida Constitutional Amendment, Article I. However, there is a difference between merely having rights and knowing how to make use of them. If you or someone you know has been the victim of a crime, the crime victims lawyers at Leskovich Law Group can help you assert your rights and take full advantage of them.
What Rights Do Crime Victims Receive?
The Florida Crime Victims’ Bill of Rights identifies five automatic rights that go into effect as soon as someone becomes the victim of a crime:
- The right to due process and to be treated with fairness and dignity
- The right to freedom from intimidation, harassment and abuse
- The right to reasonable protection from the person accused of the crime and from anyone acting as an agent of the accused
- The right to have the victim’s safety and the safety of the victim’s family considered during the establishment of bail and any pretrial release conditions
- The right to privacy with regard to information that could facilitate harassment of the victim or the victim’s family
Additionally, crime victims can access several more rights upon request. These rights generally allow victims to take a more active role in the justice system. Victims may request:
- Accurate and timely notice of all public proceedings related to the criminal conduct, including trial, plea and sentencing
- A chance to be heard in any public proceeding involving any pretrial or other release
- To speak with the prosecuting attorney about any plea agreement, pretrial diversion program, release, sentencing or other resolution of the case
- To provide information ahead of any sentencing recommendations about the crime’s impact on the victim and victim’s family
- A copy of any nonconfidential presentence report or record that could affect the victim’s ability to exercise their rights
- Information about any conviction, sentencing, prison stay or release from prison
- To be informed of and to participate in any post-conviction processes ahead of any release decision
- To be informed about any clemency or expungement procedures and to submit any information that may influence those procedures
How Can Crime Victims Help The Justice System Work Better?
By actively asserting your rights as a crime victim, you can make sure the courts consider your well-being, not merely the state’s broader interests. Florida recognizes that crime victims may need protection well after they have already been victimized, and victims who work with crime victims attorneys can better voice their concerns to the people making decisions that might affect them.
You have rights, and you can assert them. Call us at 941-621-6623 or contact us online to learn how to make your voice heard when it matters most.