Your Rights in the Criminal and Juvenile Justice Systems

If you are a victim of a crime or a witness because you have seen, heard, or know something about a crime that has been committed, you are important to the case. Your testimony may be necessary to establish the facts. Understandably, you might feel anxious about testifying in court. However, without your testimony the defendant might go unpunished.

As a victim of crime, you have the following rights:

• The right to receive information on local community services to include counseling, shelter, legal assistance, or other types of help, depending on the particular circumstances. Telephone numbers of these services are provided in this brochure.
• The right to receive information regarding the availability of crimes compensation, when applicable, for victims of crimes or their relatives, where the victim is deceased. Telephone numbers for these services are provided in this brochure.
• The right of a victim or witness to receive information regarding the victim’s role within the criminal justice or juvenile justice system to include what the victim may expect from the system and what the system may expect from the victim.
• The right of the victim or witness to receive information regarding the stages of the criminal and juvenile justice process which are significant to the victim or witness and the manner in which information about such stages may be obtained.
• The right of the victim, who is not incarcerated, including the victim’s parent or guardian if the victim is a minor, the lawful representative of the victim or the victim’s parent or guardian of the victim is a minor, and the next of kin of a homicide victim, to be informed, present, and heard when relevant, at all crucial stages of a criminal or juvenile proceeding, to the extent that the right does not interfere with the constitutional rights of the accused.
• The right that victims and witnesses who are not incarcerated shall not be required to attend discovery depositions in any correctional facility.
• The right that a victim, a victim’s parent or guardian if the victim is a minor, a lawful representative of the victim or of the victim’s parent or guardian if the victim is a minor, or the next of kin of a victim may not be excluded from any portion of any hearing, trial or proceeding pertaining to the offense based solely on the fact that such person is subpoenaed to testify, unless, upon motion, the court determines such person’s presence to be prejudicial.
• The right that incarcerated victims shall be informed of the crucial stages of the criminal, juvenile and parole proceedings, and be afforded the opportunity to submit written statements at all crucial stages of the proceedings.
• The right to a prompt and timely disposition of the case in order to minimize the period during which the victim must endure the responsibilities and stress involved to the extent that this right does not interfere with the constitutional rights of the accused.
• The right to be free from intimidation. It is against the law to cause a victim/witness to be placed in fear by force or threats, to make an assault on, or harm any victim/witness. It is a felony to tamper with or threaten a witness. If you are being threatened or intimidated, please contact the Miami-Dade Police Department and the State Attorney’s Office.
• The right that each victim who has been scheduled to attend a criminal or juvenile justice proceeding shall be notified as soon as possible by the agency or person scheduling his/her appearance of any change in scheduling which will affect his/her appearance.
• The right that any victim, parent, guardian, or lawful representative of a minor who is a victim, or relative of a homicide victim shall receive from the appropriate agency, prompt advance notification, unless the agency itself does not have advance notification, of judicial and post-judicial proceedings relating to:
  • The arrest of an accused.
  • The release of an accused pending judicial proceedings or modification of release conditions.
  • Proceedings in the prosecution or petition for delinquency of the accused.
  • Arraignment.
  • Trial.
  • Sentencing.
  • Appeal.
  • Release.
• In addition to the provisions Florida Statutes, Section 921.143, the rights of 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 shall be consulted by the State Attorney’s Office in order to obtain the views of the victim or family about the disposition of any criminal or juvenile case brought about as a result of such crime, including the views of the victim or family about:
  • The release of the accused pending judicial proceedings.
  • Plea Agreements.
  • Participation in pretrial diversion programs.
  • Sentencing of the accused.
• The right to a prompt return of property unless there is a compelling law enforcement need to retain it.
• The right to receive the assistance of the State Attorney’s Office and law enforcement in notifying the victim’s employer and creditors in order to explain his/her circumstances.
• The right to request and receive restitution and the right to enforcement in the event an offender does not comply with the restitution order. The victim shall also have the right to be notified when restitution is ordered.
• The right to submit an oral or written impact statement pursuant to Statutes, Section 921.143 and the right to receive assistance from the State Attorney’s Office in the preparation of such statement.
• The right to receive reasonable consideration and assistance from employees of the Miami-Dade Police Department and State Attorney’s Office. When requested, you will be assisted in locating accessible transportation and parking, and shall be directed to separate pretrial waiting areas when such facilities are available. When requested, you shall also receive assistance in attempting to locate translators.
• The right of the victim, material witness, parents or legal guardian of a minor who is a victim or witness, or immediate relative of a homicide victim to be notified of the escape of a criminal defendant. The State Attorney’s Office and law enforcement shall make every effort to ensure prompt notification.
• The right to have a victim advocate present during discovery deposition.
• The right to review certain portions of a pre-sentence investigation report for adult and youthful offenders prior to the sentencing of the accused.
• The victim, and the State Attorney’s Office with the consent of the victim, has standing to assert any legal rights of a crime victim as provided by law or The Florida Constitution.
• The right of the victim of a sexual offense to have the courtroom cleared, with certain exceptions, during his or her testimony, regardless of the victim’s age or mental capacity.
• The right of the victim of domestic violence to be informed of the address confidentiality program administered through the Attorney General’s Office.
• The right to know in certain cases and at the earliest possible opportunity, if the person charged with an offense has tested positive for human immunodeficiency virus (HIV) infection. In such cases, upon request of the victim or the victim’s legal guardian, or of the parent or legal guardian of the victim if the victim is a minor, the court shall order such person to undergo HIV testing. In addition, in certain cases, if requested by the victim, the right of the victim to receive information on the results of the testing within two weeks of the court’s receipt of such results.
• The right to request, for specific crimes, an exemption prohibiting the disclosure of information to the public which reveals the victim’s home and work telephone numbers, home and work addresses, and personal assets not otherwise held confidential under the Public Records Law.
• The right to request, in certain circumstances that the offender be required to attend a different school than the victim or siblings.
• The statutory obligation to advise the victim, or the next of kin of a homicide victim, that any information gained pursuant to Florida Statutes, Chapter 960, regarding any case handled in juvenile court, must not be revealed to any outside party, except as reasonably necessary in pursuit of legal remedies.
• The right to be notified by the appropriate agency of the arrest and release of the offender (including work release and community control).
• The right of a victim of a sexual offense to request the presence of a victim advocate during the forensic medical examination. An advocate from a certified rape crisis center shall be permitted to attend any forensic medical examination.
• No law enforcement officer, prosecuting attorney, or government official shall ask or require a victim of a sexual offense to submit to a polygraph examination or other truth-telling device as a condition of the investigation.
• The right of a victim or the victim’s legal guardian, or the parent or legal guardian of a victim, if the victim is a minor, 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.
• To preserve and protect the right of crime victims to achieve justice, ensure a meaningful role throughout the criminal and juvenile justice systems for crime victims, and ensure that crime victims’ rights and interests are respected and protected by law in a manner no less vigorous than protections afforded to criminal defendants and juvenile delinquents.
• The right to due process and to be treated with fairness and respect for the victim’s dignity.
• The right to be free from intimidation, harassment, and abuse.
• The right, within the judicial process, to be reasonably protected from the accused and any person acting on behalf of the accused. However, nothing contained herein is intended to create a special relationship between the crime victim and any law enforcement agency or office absent a special relationship or duty as defined by Florida law.
• The right to have the safety and welfare of the victim and the victim’s family considered when setting bail, including setting pretrial release conditions that protect the safety and welfare of the victim and the victim’s family.
• The right to prevent the disclosure of information or records that could be used to locate or harass the victim or the victim’s family, or which could disclose confidential or privileged information of the victim.
• The right to the prompt return of the victim’s property when no longer needed as evidence in the case.
• The right to full and timely restitution in every case and from each convicted offender for all losses suffered, both directly and indirectly, by the victim as a result of the criminal conduct.
• The right to proceedings free from unreasonable delay, and to a prompt and final conclusion of the case and any related post-judgment proceedings.
• The right to be informed of these rights, and to be informed that victims can seek the advice of an attorney with respect to their rights.
• A victim shall have the following specific rights upon request:
  • The right to reasonable, accurate, and timely notice of, and to be present at, all public proceedings involving the criminal conduct, including, but not limited to, trial, plea, sentencing, or adjudication, if the victim will be a witness at the proceeding, notwithstanding any rule to the contrary. A victim shall also be provided reasonable, accurate, and timely notice of any release or escape of the defendant or delinquent, and any proceeding during which a right of the victim is implicated.
  • The right to be heard in any public proceeding involving pretrial or other release from any form of legal constraint, plea, sentencing, adjudication, or parole, and any proceeding during which a right of the victim is implicated..
  • The right to confer with the prosecuting attorney concerning any plea agreements, participation in pretrial diversion programs, release, restitution, sentencing, or any other disposition of the case.
  • The right to provide information regarding the impact of the offender’s conduct on the victim and the victim’s family to the individual responsible for conducting any presentence investigation or compiling any presentence investigation report, and to have any such information considered in any sentencing recommendations submitted to the court.
  • The right to receive a copy of any presentence report, and any other report or record relevant to the exercise of a victim’s right, except for such portions made confidential or exempt by law.
  • The right to be informed of the conviction, sentence, adjudication, place and time of incarceration, or other disposition of the convicted offender, any scheduled release date of the offender, and the release of or the escape of the offender from custody.
  • The right to be informed of all post-conviction processes and procedures, to participate in such processes and procedures, to provide information to the release authority to be considered before any release decision is made, and to be notified of any release decision regarding the offender.
  • The right to be informed of clemency and expungement procedures, to provide information to the governor, the court, any clemency board, and other authority in these procedures, and to have that information considered before a clemency or expungement decision is made; and to be notified of such decision in advance of any release of the offender.