VICTIM ASSISTANCE INFORMATION
A Victim Advocate is available 24 hours a day to assist you with the emotional, physical, and financial trauma that often result from a crime. The Deputy may contact the Advocate for you at the scene or you may contact the Advocate at a later time if immediate assistance is not needed.
A Victim Advocate can provide information about or assistance with the following:
Crisis intervention counseling, personal advocacy, community information and referrals, emotional support, coordination with law enforcement, follow-up counseling, property return, victim compensation, filing an injunction for protection, court accompaniment, and the other types of assistance highlighted in this brochure.
WHERE CAN I FIND MY RIGHTS?
Florida Statutes Section 960.001 spells out the guidelines for the fair treatment of victims and witnesses in the criminal justice and juvenile justice systems.
Your Victim Advocate can also assist you with understanding these Rights.
WHAT ARE MY RIGHTS?
ÖÖ As a victim of crime you have the right to know about various services that may assist you through this difficult time.
Victim Compensation: You may be eligible for Victim Compensation. This is financial assistance for:
•Medical care,
•Lost income,
•Mental health services, and
•Other out-of-pocket expenses directly related to the crime. Victims wishing to apply for assistance, check the status
of their application, or in need of any other assistance can contact the Division of Victim Services within the Office of the Attorney General toll free at 1-800-226-6667. You are not required to have an attorney to apply and there is no charge. Your Victim Advocate can provide you with more information about this service.
Crisis intervention services
Supportive or bereavement counseling Social service support referrals
Community-based victim treatment programs.
ÖÖ You have the right to request that a person who is charged with any offense enumerated in section 775.0877(1)(a)-(n), Florida Statutes, that involves the transmission of body fluids from one person to another, undergo hepatitis and HIV testing.
ÖÖ You have the right to information about the role you will have in the justice process and the stages of the justice process.
As a victim you have a very important role in ensuring that justice is done. Often times you are the only witness to the crime and without your cooperation a criminal may not have to repay society for his or her actions.
ÖÖ You have the right to know when the accused is arrested and if and when he or she is released from incarceration from the jail, the juvenile detention facility, or a residential commitment facility.
ÖÖ You have the right to be informed, to be present, and to be heard when relevant, at all crucial stages of the proceeding, if you are not incarcerated, to the extent that this right does not interfere with the constitutional rights of the accused. Throughout the justice process the accused may be referred to as the arrestee, the offender, or the defendant.
ÖÖ You have the right, if you are incarcerated, to be informed and to submit written statements at all crucial stages of the proceedings.
The crucial stages of the proceedings include:
•First Appearance – Within 24 hours of the arrest, the accused is brought before a Judge who will decide whether a bond should be set and if so, how much. If the accused is able to post bond, he or she will be released from jail pending the trial. The Judge may include special conditions ordering the accused not to have contact with you.
•Arraignment – At this hearing the State Attorney formally charges the accused with the crime. The defendant will enter a plea of either guilty or not guilty at this time. While some defendants plead guilty, most will enter a plea of not guilty and a trial date will be set.
•Trial – The State Attorney has the duty to present evidence to the Jury or the Judge to prove that the accused is guilty of the crime. The victim is usually the State’s most important witness. The State Attorney will subpoena you for trial. Your testimony may be necessary even if you previously gave a statement or deposition in the case. The rules of court are such that these statements cannot be substituted for live testimony.
•Sentencing – In misdemeanor cases, the defendant is often sentenced immediately after a guilty plea or a finding of guilt after trial. In felony cases, a guilty defendant is usually sentenced at a special hearing called “Sentencing.”
ÖÖ You have the right to a prompt and timely disposition of the case to the extent that this right does not interfere with the rights of the accused.
ÖÖ You have the right to be protected from tampering, intimidation,
harassment, and retaliation as a cooperating victim and witness in a criminal case. If any of these things happen because of your role in the justice process you must report it to the State Attorney’s Office or to the Sheriff’s Office.
ÖÖ You have the right to be notified if the offender escapes from incarceration.
ÖÖ You have the right to have a Victim Advocate present with you during your deposition.
Depositions are the taking of sworn statements from victims and witnesses by the attorneys involved with the case. You may receive a subpoena requiring you to appear to have your deposition taken.
Subpoena is a court order requiring you to appear and give testimony. You must contact the office that had the subpoena issued to confirm the date and time of your appearance. Be sure to call one business day before the scheduled appearance in order to avoid unnecessary travel.
ÖÖ If you are the victim of a sexual offense you have the right to have the courtroom cleared of certain persons when you are testifying concerning that offense.
ÖÖ You have the right to a prompt return of your property that is being held for evidentiary purposes unless there is a compelling law enforcement reason for retaining it.
ÖÖ You have the right to request the assistance of the Sheriff’s Office and the State Attorney in informing your employer that your cooperation is needed in the prosecution of the case and that may necessitate your absence.
ÖÖ You have the right, if as a direct result of the crime you have been subjected to serious financial strain, to request the assistance of the Sheriff’s Office and State Attorney in explaining to your creditors the reason for such serious financial strain.
ÖÖ You have the right to request and receive restitution and to enforcement in the event the offender does not comply with the restitution order.
Restitution is financial payment to you for your losses caused by the crime. It is generally ordered at sentencing. If you are seeking restitution, you must itemize and document your losses, damages, and injuries on the Victim Impact Statement provided by the State Attorney’s Office. You will be asked for bills, receipts, and estimates to support your claim and you must give them to the State Attorney’s Office before the sentencing hearing.
ÖÖ You have the right to assistance, such as transportation, parking,
