In addition to defending the accused, our office also defends victims and makes sure the victim’s rights are protected. Recently the State of Florida passed a law called Marsy’s Law.

What is Marsy's Law in Florida?

marsy's law in floridaMarsy's law in Florida ensures that victims have reasonable, accurate, and timely notice of, and are present at, all public proceedings. Furthermore, this law ensures that the victim has 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. Victim’s also have 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.  

Also, victims have 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.

Moreover, victims have 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 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 parole or early release authority shall extend the right to be heard to any person harmed by 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.

These are the enumerated rights that a victim has under Marsy’s Law. When a victim hires an attorney to represent them, the attorney can make sure that the court is abiding by Marsy’s Law and ensure that the victim’s rights are protected!

Hiring the Right Criminal Defense Attorney in Florida

While it's important for a victim to understand their rights, not everything is so cut and dry. That's why it's important to hire an experiened and knowledgeable criminal defense attorney in Florida to make sure you take advantage of all aspects of Marsy's Law. To schedule a free consultation with The Law Offices of Robert David Malove, contact our team online or call (954) 861-0384 today.