Information for Victims
yAssertion of Crime Victims’ Rights
Pursuant to Florida Statutes and Marsy’s Law, there are certain rights that victims are entitled to automatically that do not need to be affirmatively asserted. There are other rights that a victim must affirmatively assert in order to obtain the rights.
If you are a victim of a crime, or the lawful representative of a victim, including the next of kin of a homicide victim, you may use the attached form to affirmatively assert victims’ rights that are not automatic.
The State Attorney’s Office recognizes that this may be a difficult and confusing time for you. Our victim advocate staff is available to help you through the criminal justice system by offering you information about services such as counseling, crime victim’s compensation, restitution, or any other information concerning your case.
What Does Florida Law Provide for Victims?
Florida Law provides guidelines for the fair treatment of victims and witnesses in the criminal justice and juvenile justice systems. It authorizes a direct-support organization to assist victims of crime.
Florida Crime Victims’ Bill of Rights FL statue 960
Crime victims 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 proceedings, to the extent that these rights do not interfere with the constitutional rights of the accused.
State Attorney’s Office Victim Crime Report
If you are a crime victim and a law enforcement officer has provided you a State Attorney’s Office Referral Card, please print the downloadable form below and mail or deliver it to the office within five business days. Please include any other documentation. An Assistant State Attorney will review the provided information, as well as relevant reports by law enforcement officers. The State Attorney’s Office may contact you or witnesses for additional information.
Download the form:
Yellow Card Form
|State Attorney’s Office Victim Advocate||(904) 255-2500|
|Domestic Violence Information (Injunctions)||(904) 255-2000|
|Hubbard House (Duval)||(904) 354-3114|
|Micah’s Place (Nassau)||(904) 223-9979|
|Quigley House (Clay)||(904) 284-0061|
|Women’s Center of Jacksonville||(904) 722-3000|
|City of Jacksonville Victim Service Center||(904) 630-6300|
|Florida Domestic Violence Hotline||(800) 500-1119|
|FCASV Sexual Assault Crisis Hotline||(888) 956-7273|
|Florida Abuse Hotline (Adult and Child)||(800) 96-ABUSE|
Office of the Attorney General: My Florida Legal
Florida Department of Corrections Victim Assistance Office: Victim Assistance Office
National Crime Victim Service Center: National Crime Victim Service Center
Guide to the Criminal Justice System
A Crime is Committed
The criminal justice process is set into motion when a crime is committed and law enforcement is contacted. As a victim/witness your role is crucial. A law enforcement officer will question you about the identity of the suspect, details of the crime, the location of the crime scene, etc. Your cooperation is critical. Failure to provide complete information may result in the State Attorney’s Office being unable to prosecute the case.
Arrest: Once a criminal complaint is made, law enforcement must establish sufficient probable cause in order to make an arrest. After the arrest, a judge reviews the arrest report to determine if probable cause exists.
First Appearance: Occurs within 24 hours of an arrest. Bond and other special conditions determined.
Filing Decision: The State Attorney’s Office may file formal charges.
Arraignment: The accused is formally charged and enters a plea of guilty, not guilty, or no contest.
Pretrial Hearings: Several hearings may be held and, if the defendant does not enter a plea of guilty, trial is set.
Plea Negotiations: Prior to trial, a Defendant may agree to plea.
Continuances: The case may be continued or postponed.
Trial Preparation: Prosecutor and/or defense attorney interview witnesses and/or victim(s).
Sentencing: If the defendant is found guilty, the Judge reviews sentencing guidelines, plea agreements, etc. and determines what type of sentence the defendant should receive.
Post-arrest Release: Many juveniles arrested are released to a parent and/or guardian and given a return court date.
Adjudicatory Hearing: Prosecutor presents evidence to either the judge or jury concerning the case.
Detention Hearing: The child is placed in secure detention due to offense or prior record and not released to a parent and/or guardian.
Types of Juvenile Detention:
• Home Detention: Sent home with parent under supervision of the Department of Juvenile Justice.
• Secure Detention: Held in locked facility called the Detention Center.
• Released: to parent or guardian without supervision.
Types of Juvenile Dispositions:
• Judicial Sanction: Judge may order juvenile to perform community service hours, write letter of apology, and pay court costs.
• Probation: Juvenile given rules to follow and tasks to complete (may include restitution) and is supervised by the Department of Juvenile Justice.
• Commitment: Juvenile placed by the Court in a treatment program.
Other important information
Subpoena: You may receive a subpoena requiring you to be present at a certain time and place. If you do not appear, the court could charge you with contempt of court resulting in a fine or jail sentence. If you have any questions regarding a subpoena, contact the State Attorney’s Office.
Victim/Witness Harassment: Interference with a victim/witness by threats, intimidation, or acts of revenge is a serious crime and a matter that local law enforcement, the State Attorney’s Office, and the court take seriously.
Injunction for Protection: Injunction for Protection or Restraining Orders are issued as a result of domestic, repeat, dating, or sexual violence. You will need to contact the Clerk of Court’s Office or the Center for Prevention of Domestic Violence to see if it is possible to pursue an injunction.
Victim Impact Statement: This is a statement made either verbally or in writing to the court before sentence is imposed. In the statement, you have the right to describe the effect the crime has had on you and/or your family emotionally, physically, and financially.
Victim’s Compensation: The Office of the Attorney General has a program that compensates eligible victims of crime for certain crime-related expenses such as medical bills, counseling expenses and lost wages. The program may also assist with funeral related expenses and loss of support for homicide survivors.
Restitution: The court may order restitution for certain losses you have suffered. This is done once a sentence is imposed. If you desire restitution, itemize and document your losses and provide it to the Assistant State Attorney as soon as possible. If you have questions about what constitutes damages, call your Victim Advocate. Your Assistant State Attorney will ask the court to order restitution, if appropriate, but the court must issue the order. Legally, the Defendant cannot be compelled to pay if he or she is financially unable. However, if he or she obtains employment while incarcerated, the Department of Corrections (DOC) has the authority to order restitution. You have the right as a victim of a crime to contact the DOC to determine the employment status of an inmate. If the Defendant is ordered to pay restitution as a part of probation, the probation officer will set up a schedule for payments and, upon receipt of payment, will forward them to the Clerk of Court. The Clerk will then distribute payments to victims.