Victim Rights Information
If you are need of victim services from the South Bay Public Safety Department, Please contact...
561-996-6712.
GENERAL VICTIM ASSISTANCE
Public Safety personnel are always ready to assist victims and witnesses whenever possible. When so requested, Public Safety personnel will assist victims and witnesses in locating accessible parking and transportation, and will direct those persons to separate pretrial waiting areas where available. When necessary, Police personnel will also attempt to locate translators in appropriate cases.
CRIMINAL JUSTICE PROCESS
Often there will be questions concerning the criminal justice process. As a victim or witness, you have certain rights within the system. This brochure is being provided to you to assist you with those questions. The Maitland Police Department can assist you in understanding the system as it relates to:
1. The role of the victim in the criminal or juvenile process, including what the victim may expect from the system as well as what the system may expect from the victim.
2. The stages of the criminal or juvenile justice process which are of significance to the victim and the manner in which information about such stages may be obtained.
3. The right of the victim, who is not incarcerated, including 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 the right does not interfere with the constitutional rights of the accused.
4. The right of the incarcerated victim to be informed and to submit written statements at all crucial stages of the criminal and juvenile proceedings.
5. The right of a victim 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.
6. The right of any victim, relative of a minor who is a victim, or relative of a homicide victim to receive advance notification of judicial and post judicial proceedings relating to the case, including all proceedings or hearings relating to:
· The arrest of the accused.
· The release of the accused pending judicial proceedings, any modification of release condition to include release to community control or work release.
· Proceedings in the prosecution or petition for delinquency of the accused, including the filing of the accusatory instrument, the arraignment, disposition of the accusatory instrument, trial or adjudicatory hearing, sentencing or disposition hearing, appellate review, subsequent modification of sentence, collateral attack of a judgment, and when a term of imprisonment, detention, or involuntary commitment is imposed, the release of the defendant or juvenile offender from such imprisonment, detention or juvenile offender from such imprisonment, detention or commitment by expiration of sentence or parole and any meeting held to consider such release.
7. In addition to the provisions of FS 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 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 their views about:
· The release of the accused pending judicial proceedings.
· Plea Agreements.
· Participation in pretrial diversion programs.
· Sentencing of the accused.
8. The right of a victim to review certain portions of a pre-sentence investigation report for adult and youthful offenders prior to the sentencing of the accused.
9. The right of a victim and the State Attorney to standing, with the consent of the victim, to assert the rights of the victim.
10. The right of a victim, or the next of kin of a victim may to not be excluded from any portion of any hearing, trial or proceeding pertaining to the offense based solely upon the fact that such person is subpoenaed to testify, unless, upon motion, the court determines such person’s presence to be prejudicial.
11. 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.
12. The right of the victim of domestic violence to be informed of the address confidentiality program administered through the Attorney General’s Office.
13. The right of a victim to know, at the earliest possible opportunity, if the person charged with an offense, which involves the transmission of bodily fluids, has tested positive for human immunodeficiency virus (HIV) infection. In such cases, upon request of the victim or the victim’s legal guardian, or the parent or legal guardian of the victim if the victim is a minor, the court shall order such person to undergo HIV testing.
14. The right of a victim 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, hone and work addresses, and personal assets not otherwise held confidential under the Public Records Law.
To request in sex offenses, under certain circumstances, if the victim is under the age of 18 or is a disabled adult or elderly person, that the court order the accused to undergo HIV testing regardless of whether the offense involves the transmission of bodily fluids. If requested by the victim, the results of the testing shall be made available no later than two weeks after the court receives such results.
15. The right of a victim, in certain circumstances, to request that the offender be required to attend a different school than the victim or siblings.
16. The statutory obligation of the victim, or next of kin of a homicide victim that any information gained pursuant to FS 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.
FREEDOM FROM INTIMIDATION
Section 914.22, Florida Statues, provides "It is unlawful for any person (1) to cause a witness to be placed in fear by force or threats of force; (2) to make an assault upon any witness or informant; or (3) to harm a witness by any unlawful act in retaliation against the said witness for anything lawfully done in the capacity of witness or informant." Violation of this section is a third degree felony, punishable by a term of imprisonment not exceeding five (5) years and by a fine not exceeding $5,000. If you believe a possible violation of the statute has occurred, promptly contact the Public Safety Department.
NOTIFICATION OF ARREST AND RELEASE OF ACCUSED
As a victim of crime, you have the right to be notified of the arrest and release of the accused, including community control or work release. When an arrest is made in a reported case, the arresting officer will make every effort to notify the victim, witnesses, relatives of minor victims and witnesses and relatives of homicide victims, where those persons have provided current addresses and telephone numbers to the Public Safety Department. The agency making the arrest and releasing the offender will make the notification.
DEPOSITIONS
At the request of the victim, the victim advocate designated by State Attorney's Office, Sheriff's Office, or Municipal Police Department, or one representative from a not-for-profit victim services organization, including, but not limited to, rape crisis centers, domestic violence advocacy groups, and alcohol abuse or substance abuse groups shall be permitted to attend and be present during any deposition of the victim.
Victims who are not incarcerated shall not be required to attend discovery depositions in any correctional facility.
STATEMENTS
The State Attorney shall inform the victim of the victim's right to submit an oral or written impact statement pursuant to FS 921.143 and shall assist in the preparation of such statement if necessary.
CRIMES COMPENSATION FOR VICTIMS
In some cases, the victims of crimes (or their relatives where the victim is decreased) may be eligible for financial compensation from the State of Florida. Information regarding eligibility may be obtained from the office of the State Attorney, local Witness Coordination Office (where available), or from the Bureau of Crimes Compensation, Office of the Attorney General 1-800-226-6667.
RESTITUTION
Law Enforcement agencies and the State Attorney shall inform the victim of the victim's right to request and receive restitution pursuant to FS 775.089 and of the victim's rights of enforcement under FS 775.089(5) in the event an offender does not comply with a restitution order. The State Attorney shall seek the assistance of the victim in the documentation of the victim's losses for the purpose of requesting and receiving restitution.
In addition, the State Attorney shall inform the victim if and when restitution is ordered.
NOTIFICATION OF SCHEDULING
Each victim or witness 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 appearance of any change in scheduling which will affect his appearance.
RETURN OF PROPERTY
Crime victims have the right to a prompt return of property unless there is a compelling law enforcement need to retain it. The property of crime victims shall be retained only when necessary for successful investigation and prosecution. Property shall be returned as soon as possible.
NOTIFICATION TO EMPLOYERS
Victims have the right to request assistance in notifying employers and creditors of hardships caused by the crime. We realize that victims and witnesses in criminal cases often must face additional burdens by taking time off from work to assist law enforcement and sometimes undergo serious financial strain either because of the crime or by cooperating with authorities handling the crime. In cases such as these, the police officer investigating the case or the arresting officer, if there is one, and/or the state attorney’s office shall assist the victim or witness in explaining his or her circumstances to employers or creditors when so requested.
ESCAPE OF PERPETRATOR
Victims have the right to be notified of the escape of the accused. The State Attorney shall make every effort to advise the victim, material witness, parents or legal guardian of a minor who is a victim or witness, or immediate relative of a homicide victim of the escape of a criminal defendant. The State Attorney shall also notify the Sheriff of the county where the criminal charge or petition for delinquency arose. The Sheriff shall offer assistance upon request.
SOCIAL SERVICE PROGRAMS
In many instances, victims of crimes require professional assistance in dealing with problems arising from their victimization. These needs may include counseling, shelter, legal assistance, or other types of help, depending on the particular circumstances. Referral numbers are provided in this brochure for your assistance.
We realize that for many persons, being a victim or witness to a crime is their first experience with the criminal justice system. While the emphasis of the system has been the investigation and prosecution of crime, all too often in the past the innocent victims and witnesses have been overlooked. In an effort to reduce this problem and advise victims and witnesses of help available to them, the following information is furnished.
REFERRAL NUMBERS
SOUTH BAY VICTIM ADVOCATE
(561) 996-6511
ABUSE HOTLINE
1-800- 96-ABUSE
SEXUAL ASSAULT PROGRAM
24 HR Hotline (561) 996-1211
West County (561) 996-4871
CRIME COMPENSATION
(Attorney General)
FLORIDA BAR LAWYER REFERRAL SERVICE
1-800-342-8060
LEGAL AID
(561) 655-8944
WEST COUNTY JAIL
(561) 996-1697
STATE ATTORNEY
Felony Victim/Witness (561) 355-7365
Misdemeanor & Traffic (561) 355-7400
West County (561) 355-4820
DOVE – Domestic Violence Elimination (561) 355-7433
PALM BEACH COUNTY VICTIM SERVICES
(561) 996-4871 or 996-1647
Shelter Central County (561) 640-0050
Shelter South County (561) 265-2900
VICTIM SUPPORT GROUPS
Homicide Survivors Group (561) 355-2418
Centerline (561) 930-1234
Women Against Violence (561) 355-2418
Ripples (KIDS) (561) 355-2418
Sexual Assault Support (561) 355-2073
Voices – Teen Voices (561) 688-5116 x73
Parent and Child (561) 688-9113
PBC VICTIM SERVICES
HOMICIDE & GENERAL CRIME
West County (561) 996-4871
Crisis Unit (561) 688-3000
Home Safe (561) 433-0060
Juvenile Restitution (561) 355-2532
Guardian Ad Litem (561) 355-2773
Missing Children DCF (561) 992-1300
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