A CRIME IS COMMITTED
The criminal justice process is set into motion when a crime is committed and law enforcement is contacted. As a victim/witness your role is crucial. You have seen, heard, or know something that is important. A law enforcement officer will question you about the suspect, details of the crime, the location of the crime scene, etc. Your cooperation is necessary and failure to provide complete information may result in a failed investigation. Each case will proceed differently.
ARREST
Your case may proceed as follows:
- A criminal complaint is signed and law enforcement must establish sufficient probable cause to make an arrest.
- A criminal complaint is forwarded to the State Attorney's Office for review to determine if probable cause exists. Further investigation may be necessary at this stage.
As a victim you are entitled to notification of the Defendant's release from county jail, juvenile detention facility, or involuntary commitment facility. The arresting law enforcement officer or agency must request that the victim or appropriate next of kin complete a victim notification card. Notification will be made by the appropriate holding facility, unless the victim has signed a waiver of rights.
FIRST APPEARANCE
If an arrest is made, within 24 hours the Court holds a hearing call the "First Appearance Hearing." At this hearing the judge hears facts and decides whether a bond amount should be set and if so, how much. If the defendant is able to post the bond amount, he or she may be released pending trial. Our Constitution guarantees the right to release on reasonable bond, before conviction.
Frequently, the Judge will include a special condition ordering the Defendant not to have contact with the victim. If you are contacted or harassed by the Defendant, you should contact the State Attorney's Office immediately. YOU HAVE THE RIGHT TO BE PRESENT AT THE FIRST APPEARANCE. HOWEVER, YOUR PRESENCE IS NOT NECESSARY.
FILING DECISION
Once the State Attorney's Office receives the formal complaint from law enforcement, an Assistant State Attorney will review the case, and when necessary, interview (take testimony from) the victims and witnesses in the case. If the Assistant State Attorney determines that there is sufficient evidence, criminal charges may be filed. The formal charging document is called "Information." If the Assistant State Attorney determines that the case cannot be prosecuted, he or she will attempt to notify the victim prior to that decision being filed with the Court. The paperwork filed with the Court stating that the State will not prosecute is known as a "No Bill."
ARRAIGNMENT
Following the First Appearance Hearing, if the Assistant State Attorney files a charge, the Defendant is required to appear in Court to state whether he or she is guilty or not guilty. Many times if the Defendant is represented by an attorney, his or her attorney will file a "Written Plea of Not Guilty" in lieu of the Defendant personally appearing in Court. AS A VICTIM, YOU HAVE THE RIGHT TO BE PRESENT AT THE ARRAIGNMENT. HOWEVER, YOUR PRESENCE IS NOT REQUIRED.
DEPOSITIONS
Florida law allows the defense attorney to interview witnesses prior to trial. This interview is called a "deposition." You may receive a subpoena from the Defendant's attorney requiring you to appear to have your deposition taken. You will be sworn in prior to your deposition being taken, and it will be taken before an official court reporter, the Defense Attorney, and an Assistant State Attorney. THE DEFENDANT WILL NOT BE PRESENT. AS A VICTIM YOU HAVE THE RIGHT TO HAVE A VICTIM ADVOCATE ACCOMPANY YOU TO THE DEPOSITION IF YOU SO DESIRE.
YOU ARE NOT REQUIRED TO TALK TO THE DEFENDANT, HIS OR HER ATTORNEY, OR A REPRESENTATIVE OF THE DEFENDANT, SUCH AS A PRIVATE INVESTIGATOR, WITHOUT A SUBPOENA AND THE PRESENCE OF AN ASSISTANT STATE ATTORNEY. IF YOU HAVE ANY QUESTIONS CONCERNING THIS MATTER, PLEASE CONTACT THE ASSISTANT STATE ATTORNEY OR VICTIM ADVOCATE.
PLEA NEGOTIATIONS
Prior to trial, the Defendant may agree to plead guilty or plead nolo contendere and be sentenced. The Assistant State Attorney handling the case will make an effort to consult the victim before the final plea agreement is reached. If the Defendant is considered for any type of pretrial diversion program, the victim will be consulted.
STATUS CONFERENCE
The status conference hearing is held prior to trial. At this hearing, the Defendant is required to appear in Court to advise the Judge whether or not he or she is ready for trial. The Defendant may also announce that he or she wishes to enter a plea. Finally, the Defendant may request a continuance if he or she is not ready for trial. YOU HAVE THE RIGHT TO BE PRESENT AT THE STATUS CONFERENCE. HOWEVER, YOUR PRESENCE IS NOT REQUIRED.
PRETRIAL CONFERENCE HEARING
The pretrial conference hearing is held one or two weeks prior to trial. The Defendant is required to appear in Court and the Court will schedule the trial for a specific date and time. YOU HAVE THE RIGHT TO BE PRESENT AT THE PRETRIAL CONFERENCE HEARING. HOWEVER, YOUR PRESENCE IS NOT REQUIRED.
CONTINUANCES
It is not unusual for a case to be continued or postponed. The State Attorney's Office will try the case as quickly as possible. However, there are often circumstances that cannot be controlled by the Assistant State Attorney which make a continuance necessary.
IT IS EXTREMELY IMPORTANT THAT YOU CONTACT THE WITNESS COORDINATION OFFICE OR THE STATE ATTORNEY'S OFFICE UPON RECEIVING A SUBPOENA. THEY NEED TO HAVE CURRENT TELEPHONE NUMBERS AND ADDRESSES TO NOTIFY YOU OF A CONTINUANCE OR A CANCELLATION OF TRIAL. YOU NEED NOT COME TO COURT FOR A CONTINUANCE.
TRIAL
In some cases the defendant will plead guilty or no contest before trial. However, the Defendant may go to trial, and you may be required to testify in court. The State Attorney's Office will notify you concerning the trial schedule. During the trial you must be very careful not to discuss the case with anyone outside the courtroom except the lawyers involved.
CLOSE OF THE TRIAL
Following presentation of evidence by the Assistant State Attorney and the Defendant's Attorney, each attorney summarizes their side of the case in the "Closing Arguments." Following Closing Arguments, the jury is sent out of the courtroom to decide whether or not the Defendant is guilty. The jury's decision is called the "Verdict."
PRE-SENTENCE INVESTIGATION
When the Judge schedules the sentencing, he or she sometimes orders the Department of Corrections to complete a report on the Defendant which includes the Defendant's prior criminal history, personal background, etc. The report includes a section for input from the victim of the crime which provides the Court with information regarding restitution for losses, damages, and injuries to the victim and the victim's recommendations as to the sentence. The victim has the right to request that the Assistant State Attorney permit the victim to review a copy of the Pre-sentence Investigation Report prior to the sentencing hearing if one was completed.
SENTENCING
A new criminal punishment code became effective October 1, 1998. The code provide a range of recommended sentences in most felony cases. The court must sentence according to these guidelines unless it states clear and convincing reasons why it chooses to sentence differently. Usually an Assistant State Attorney will be able to indicate to you the sentence that will be recommended by the code unless some of the information needed to calculate the sentence has not been received.
Juvenile Justice Process
INTAKE
When juveniles (under 18 years of age) commit crimes, they may be taken into custody by a law enforcement officer. Depending on the type of crime, juveniles might be taken to a juvenile assessment center where they will be screened for detention. Depending on the charge and based on an assessment of risk to the public and the needs of the juveniles, they may be placed on any of three forms of detention status: home, non-secure or secure. If placed in secure detention they will be held in a secure facility until the court decides their case.
DIVERSION PROGRAMS
During the intake process, the Department of Juvenile Justice will review the charges and will make recommendations to the state attorney's office(SAO). If the SAO agrees, the charge can be handled without going to court and can be diverted to a community based program. Law enforcement can also divert a charge through a program called civil citation or teen court. If a juvenile successfully completes the diversion program, then the charges are generally dismissed.
FORMAL CHARGES
The State Attorney's Office may decide to formally charge the juvenile by filing a petition in the juvenile court. If the charge is especially serious, and if the facts meet statutory guidelines, the SAO can file the charges directly in the adult court or take it before the grand jury for indictment.
FORMAL HEARINGS
Once the SAO files a petition in the juvenile court, the case is set for an arraignment where the juvenile will enter a plea. If the juvenile pleads not guilty, then the case is set for an adjudicatory hearing before the juvenile judge. An adjudicatory hearing is like a trial but the judge determines the guilt; there is no jury. If the judge finds that the juvenile committed the offense, the court can then either adjudicate the juvenile delinquent or withhold adjudication.
DISPOSITION HEARING (SENTENCING)
When a juvenile is found to have committed a delinquent act the court will hold a disposition hearing to determine which sanctions to impose on the juvenile. The sanctions could range from community-based sanctions like probation and community services up to residential commitment.
JUVENILES TRIED AS ADULTS
Juveniles who are prosecuted as adults may be sentenced to adult or juvenile sanctions. After a hearing, the court will decide on the sentencing or disposition. Any juvenile who is prosecuted and sentenced as an adult, regardless of age, will be treated as an adult in any future criminal proceedings. However, juveniles who are prosecuted as adults but sentenced as juveniles keep their status as juveniles.