FIRST APPEARANCE
If a defendant is arrested and unable to post bond, he or she is entitled to appear before a judge within 24 hours. At First Appearance, the defendant is informed of the charges for which he/she was arrested and is advised of his/her rights. The Judge reviews the law enforcement reports and may raise or lower the amount of the bond, or may release the defendant on his or her own recognizance.
FILING OF CRIMINAL CHARGES
When the State Attorney’s Office receives a formal complaint from a law enforcement agency, an Assistant State Attorney, assigned to the case, will review the reports and may interview witnesses. It is important to cooperate with this office to ensure that all the information about the crime is provided.
This review of the case will determine if there is sufficient evidence to pursue criminal prosecution, and if so, the attorney will file the formal charging document, called an "Information" with the court. You will be notified by letter of this decision.
If there is not sufficient evidence to file criminal charges, the attorney will generate a document indicating no charges will be filed.
If an Information is filed and the defendant has not yet been arrested, an order ( a summons) for the defendant to appear in court or an order (a capias or a warrant) for the arrest of the defendant will be issued.
VICTIM IMPACT/RESTITUTION STATEMENT
The Office of the State Attorney provides each victim with a Victim Impact/Restitution Statement for completion. This form affords the opportunity to provide information concerning the effect of the crime, the financial losses incurred and your recommendation for a sentence in this case.
Please complete the statement promptly as requested and return it to the State Attorney’s Office. It is important that you document all financial losses claimed by providing COPIES of medical bills, damage estimates, proof of fair market value, or receipts for lost property.
If you have any questions regarding the form or would like assistance in completing the form, please call the Victims Rights Department at the State Attorney’s office.
VICTIM COMPENSATION
The Bureau of Victim Compensation was established by the State of Florida to financially aid innocent victims/survivors of violent crime (including DUI and Hit & Run charges). Victim Compensation is a payer of last resort that provides benefits, within limits and in the event the crime has produced a financial hardship, for medical expenses, funeral costs, counseling, loss of support and lost wages. Loss of property is not covered except in a limited amount for an elderly or disabled adult who suffered a property loss as a result of a crime which substantially limits normal daily living activities and there is no other source of reimbursement.
YOU MAY BE ELIGIBLE IF YOU ARE.....
an adult victim who has been physically injured as a result of a crime.
a victim who has suffered psychiatric or psychological injury as a result of a forcible felony.
a surviving spouse, parent, child or principal dependent of a deceased victim.
the parent or guardian of a minor or incompetent victim that has been injured as a result of a crime.
the parent or guardian of a child witness (16 or under) who was present at the scene of a violent crime and suffered psychological injury.
an elderly or disabled adult who lost property as a result of a crime .
AND IF........
the crime was reported to Law Enforcement within 72 hours.
the application was filed within one year after the crime (with some exceptions).
the victim has fully cooperated with law enforcement and the State Attorney’s Office.
the victim was not engaged in an unlawful activity.
the victim did not contribute to his/her own injuries.
The Office of the State Attorney can provide an application for Victim Compensation and will gladly assist, whenever necessary, in completing the application. Please do not hesitate to contact the Victim Rights Department for this help.
ARRAIGNMENT
As the victim, you have the right to be present at arraignment. However, your presence is not required.
At arraignment, the defendant will be formally advised of the charges filed by the State. The defendant is also informed of the right to an attorney. If the accused indicates an inability to afford an attorney but wishes to be represented, the Judge may appoint an attorney from the Public Defender’s Office to the case.
At Felony Arraignment, the defendant may not necessarily appear if the proper legal documents have been filed. Due to the serious nature of felony charges, a judge rarely accepts a "guilty" or "no contest" plea at arraignment. Therefore, other pre-trial proceedings will be scheduled.
At Misdemeanor Arraignments, the Judge will, quite frequently, accept a plea of "guilty" or "no contest". Should the defendant enter such a plea and the judge be in a position to impose a sentence immediately, the victim, having made his/her presence known, will then be given an opportunity to address the court regarding restitution and sentencing. If the defendant requests a trial, a trial date will be set at some future pre-trial proceeding and the victim will be notified of the date.
DEPOSITIONS
A deposition is an interview or testimony taken under oath of any or all witnesses in a case by the defendant’s attorney after formal charges have been filed. In most cases, an assistant state attorney will also be present during the deposition which may be recorded by either a court reporter or by a tape recorder which will later be produced in a written transcript. The defendant is not present during the deposition which is taken outside the courtroom, usually in a private office. The defense attorney may elect to subpoena you for a certain date, time and place and, if you fail to appear you may be held in contempt of court and the case may be continued.
It is important to be prepared for your deposition and essential that you provide truthful testimony to the defense attorney. The statements you make during your deposition may be used in trial to show inconsistancies between your deposition statements and trial testimony.
Attending a deposition for the first time may create anxiety. You have the right to be accompanied by a victim advocate if you so choose. Any questions or concerns you may have may be addressed to the Victims’ Rights Counselors or to the Assistant State Attorney prosecuting the case.
PRE-TRIAL PROCEEDINGS
CASE MANAGEMENT, PRE-TRIAL CONFERENCES, PLEA HEARINGS, MOTION HEARINGS, and DOCKET SOUNDING are all types of pre-trial proceedings.
CASE MANAGEMENT is a scheduled time when the prosecutor and the defendant’s attorney, along with the Judge, select a trial period for the case to be heard. Generally, in felony court, if the defendant’s attorney indicates the defendant’s desire to enter a "No Contest" or "Guilty" plea rather than exercise the constitutional right to a trial, a "PLEA HEARING" will be scheduled at another date on the Judge’s calendar and every effort will be made to notify the victim.
DOCKET SOUNDING is the last effort of the Judge and the attorneys involved to schedule specific days and times for trials just prior to the beginning of the trial docket All victims and witnesses will receive a subpoena for a time certain when scheduled.
PRE-TRIAL hearings and DOCKET SOUNDING in Misdemeanor Court are similar to Case Management and Docket Sounding in Felony Court with the exception that, generally, the Judge will accept a Defendant’s plea of "No Contest" or "Guilty" at any of these times. When no such plea is presented, a trial date is set and victims and witnesses are usually notified by subpoena.
The victim has the right to attend any of these public hearings. However, your presence is not necessary nor required, unless subpoenaed or specifically requested by the attorney prosecuting the case. Please contact the Victim Rights Department or the Assistant State Attorney with any questions in regard to your attendance.
TRIAL PROCEDURE
A jury is selected by the State and Defense Attorney and seated as the first item of procedure.
The trial begins with an "opening statement" from the Assistant State Attorney, hereinafter called "Prosecutor" and the Defense Attorney. The opening statement outlines the facts that each party expects to establish during the trial. The Prosecutor presents the State’s case first by calling and questioning witnesses on "direct examination". After direct examination of each witness, the defendant’s attorney is permitted to question the witness by "cross examination".
After the State’s presentation, the Defense is entitled to present it’s case by direct examination followed by cross examination of each witness by the prosecutor. Finally, each attorney presents a closing argument which offers a summation of the facts presented during the trial.
The Judge then instructs the jury on the law, defines the issues and instructs the jury to reach a fair verdict based on the evidence. The jury’s deliberations are in private and, in order to convict, their verdict must be unanimous.
Again, victims and witnesses have the right to be present in the Courtroom during a trial unless their presence is determined to be prejudicial by the Judge. This option should be discussed with the prosecutor in the case.
SENTENCING
Statewide sentencing guidelines became effective on October 1, 1983. These guidelines provide a range of recommended sentences for all felony cases. The Court must sentence according to these guidelines unless the Court states a clear and convincing reason why it chooses to sentence outside the guidelines.
The sentencing of misdemeanor offenses remains the discretion of the trial judge. The Trial Judge in misdemeanor matters may impose any sentence up to the maximum allowed by state law.
As a victim, you have the right to be present at the sentencing of the defendant. Please advise the prosecutor or the Victim Rights Department your desire to attend and you will be notified when sentencing will take place. At said hearing, you may address the court to state your feelings concerning the impact of this crime on your life, necessary restitution and desired sentencing. Should you choose not to make an oral statement, you may submit a written statement to the prosecutor prior to sentencing to be read into the record.
RESTITUTION
At sentencing, the Court may order a defendant to pay restitution for the damage or loss caused by a crime. If the defendant is sentenced to jail or prison, the restitution may not be paid until after the defendant’s release if the incarceration is followed by probation. If ordered as a condition of probation or community control, the appropriate probation officer will supervise the payment of restitution. Therefore, your obligation is to keep your address current with the proper agency. If the sentence is solely incarceration, the judge may order restitution as a civil judgment.