Victim Rights

GAINESVILLE VICTIM RIGHTS ATTORNEY

As an experienced Florida Victim Rights Attorney, I can help you and your family navigate the confounding criminal justice system of prosecutors, judges, and the attorney for the accused. I will educate you regarding your statutory rights and provide options and guidance throughout the process.

POSSIBLE VICTIM ASSISTANCE FUNDS

In many cases, you may be entitled to compensation either in the form of restitution, civil money damages from the accused, insurance companies or property owners, as well as from Victim Assistance funds. (The Florida Attorney General’s Office may authorize funds for funeral costs, lost wages, medical expense, property damage, grief counseling, etc.).

VICTIMS MAY RECOVER IN CIVIL COURT

You may also pursue monetary damages in Florida Civil Court for pain and suffering, medical bills, lost wages, counseling, damages, lost property, and in some cases punitive damages. If you have suffered injury or have incurred property damages due to the criminal, intentional or carelessness of a person, company, business or landlord, you may be entitled to relief.

LET’S DISCUSS WHAT CAN BE DONE TO MAKE YOU WHOLE

Please contact me directly at (352) 275–7491 to make sure that your rights, concerns and questions are not ignored. You may also email me your questions. I would be privileged to investigate your particular case and advise you of your rights and available options free of charge.

Florida’s Crime Victim Bill of Rights

According to Florida Statutes, Chapter 960, Florida Law specifically guarantees that all Victims of Crime or their lawful representatives, including the next of kin of homicide victims, are entitled to: 

  • the right to be informed,
  • to be present, and to be heard when relevant, at all crucial stages of criminal justice proceedings, to the extent that these rights do not interfere with the constitutional rights of the accused.

What Rights Are Victims Entitled To?

  • Information concerning available crisis intervention services,
  • supportive or bereavement counseling,
  • community-based victim treatment programs,
  • the availability of crime protection services and crime victim compensation.
  • Information about the role of the victim in the criminal justice system, the stages in the criminal and juvenile justice process which are of significance to a crime victim, and the manner in which such information can be obtained.
  • Information concerning steps that are available to Law Enforcement Officers and State Attorneys to protect victims and witnesses from intimidation.
  • Advance notification of judicial and post-judicial proceedings which relate to the offender’s arrest, release or community work release, provided that the victim gives the State Attorney’s Office her/his current name and address.
  • In felony crimes or homicide, consultation by the State Attorney’s Office to obtain the views of the victim or in the case of a minor child, the guardian or the victim’s family regarding the release of the accused, plea agreements, participation in pretrial diversion programs, and the sentencing of the accused.
  • Return of the victim’s property collected by Law Enforcement or the State Attorney’s Office for evidentiary purposes.
  • Assistance from Law Enforcement or the State Attorney’s Office, when requested by victims, to inform the victim’s employer about necessary absences from work, and to explain to the victim’s creditors about serious financial hardship incurred as a result of the crime.
  • Request restitution from the offender for certain out-of-pocket losses. The State Attorney shall inform the victim if and when restitution is ordered.
    Submit a Victim Impact Statement orally, or in writing, to the judge, prior to the sentencing of an offender who pleads guilty, nolo contendere, or is convicted of a felony crime.
  • Information concerning the escape of the offender from a state correctional institution, county jail, juvenile detention facility, or involuntary commitment facility.
  • Accompaniment by a victim advocate during any deposition of the victim or testimony of the victim of a sexual offense.
  • Request HIV testing of the person charged with committing any sexual offense (under F.S. 794 or 800.04 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.
  • Prompt and timely disposition of the court case (as long as this right does not interfere with the constitutional rights of the accused).
  • In the case of minors, if the victim or any sibling of the victim and the offender attend the same school, the victim and their siblings have the right to request that the offender be required to attend a different school.
  • A victim of a sexual offense shall be informed of the right to have the courtroom cleared of certain persons as provided in F.S. 918.16, when the victim is testifying concerning that offense.
  • The victims of domestic violence shall be provided with information regarding the address confidentiality program as provided in F.S. 741.465.
image of woman sitting on floor. CRIME VICTIM BILL OF RIGHTS | Gainesville Attorney Kevin Robertson

CRIME VICTIM BILL OF RIGHTS

FLORIDA STATUTE 960 establishes guidelines for fair treatment of victims and witnesses in the criminal justice system. Victims, including the next of kin of a homicide victim, have the right to be informed, to be present, and to be heard when relevant at all crucial stages of a criminal proceeding, to the extent that this right does not interfere with the constitutional rights of the accused. 

Contact My Office

Please call with your questions. If you would like to meet in person, at no cost to you, let me know. I look forward to hearing from you.

Info

352-275-7491
kevin@kevinrobertsonlaw.com