Victim Representation FAQs

FREQUENTLY ASKED QUESTIONS

Common Questions From Crime Victims in Florida

If you’ve been the victim of a crime in Florida, you have legal rights — and you may benefit from having your own attorney. Here are answers to the questions we hear most often from victims and their families.

What is Marsy’s Law in Florida?

Marsy’s Law is a constitutional amendment passed in Florida in 2018 that significantly expanded the rights of crime victims. It guarantees victims the right to be informed, present, and heard at key stages of the criminal process — including hearings, plea negotiations, and sentencing. It also gives victims the right to protection, to be treated with dignity and respect, and to have their safety considered during bail and release decisions. Fighter Law helps victims assert these rights at every stage.

Do I need my own attorney as a crime victim?

The prosecutor represents the State of Florida — not you personally. Their job is to pursue justice on behalf of the public, which often aligns with your interests, but not always. A victim’s attorney represents only you. We make sure your voice is heard, your rights under Marsy’s Law are enforced, and that decisions like plea agreements or dropped charges take your interests into account.

What rights do I have under Florida’s Victim Rights Act?

Florida crime victims have the right to: be notified of court hearings and proceedings; attend and be heard at hearings; submit a victim impact statement; be informed of plea agreements before they are finalized; receive information about the defendant’s custody status; request restitution; and apply for victim compensation. Marsy’s Law elevated many of these rights to constitutional status.

What is the Florida Victim Compensation Program?

Florida’s Victim Compensation Program (VCP) provides financial assistance to victims of certain crimes — including medical expenses, mental health counseling, lost wages, and funeral costs. It is funded by criminal fines and fees, not taxpayer dollars. There are eligibility requirements and application deadlines, and not all crimes qualify. Fighter Law can help you determine if you qualify and guide you through the application process.

Can I sue the person who hurt me in civil court?

Yes. A criminal case and a civil lawsuit are separate legal proceedings. Even if charges are reduced or dropped, you may still have a civil claim against the person who harmed you. Civil cases use a lower burden of proof than criminal cases, and damages can include medical bills, pain and suffering, lost income, and more. Fighter Law can evaluate your civil options alongside the criminal proceedings.

Can I speak at the sentencing hearing?

Yes. Under Marsy’s Law, you have the constitutional right to be present and to submit a victim impact statement at sentencing. This statement can be written or delivered in person and allows you to describe how the crime has affected your life, finances, and emotional well-being. The judge must consider it before imposing a sentence. We help victims prepare effective impact statements.

What if the prosecutor drops the charges or doesn’t prosecute?

Prosecutors have broad discretion over charging decisions. If you believe charges were dropped improperly or without consideration of your interests, your attorney can communicate directly with the State Attorney’s Office, request meetings, and advocate for reconsideration. Under Marsy’s Law, you have the right to be heard before certain decisions are made. In some cases, civil action remains an option even when criminal charges are not pursued.

How do I communicate my wishes to the State Attorney’s Office?

You can contact the assigned prosecutor directly — but having an attorney communicate on your behalf is more effective. Your attorney can ensure your preferences regarding plea deals, sentencing recommendations, and trial participation are formally conveyed and documented. We work with the State Attorney’s Office regularly and know how to advocate for victims within that process.

What is a victim injunction and how do I get one?

A victim injunction (also called a restraining order or protective order) is a court order prohibiting the person who harmed you from contacting or approaching you. Florida has several types, including domestic violence injunctions, sexual violence injunctions, repeat violence injunctions, and stalking injunctions. Each has different eligibility requirements. Fighter Law helps victims obtain and enforce protective orders in Central Florida.

Will I have to testify at trial?

In most criminal cases, the victim is the key witness for the prosecution and may be subpoenaed to testify. Your attorney can prepare you for the process, help you understand what to expect, and advocate for accommodations if needed — such as testifying via closed-circuit television in certain cases involving minors or particularly vulnerable victims. We work to make the process as manageable as possible while protecting your legal interests.

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