THE MARGATE POLICE DEPARTMENT RECOGNIZES THE IMPACT CRIME VICTIMIZATION HAS ON INDIVIDUALS AND OUR COMMUNITY.  THE PURPOSE OF THIS PAMPHLET IS TO PROVIDE IMPORTANT INFORMATION ABOUT VICTIM'S RIGHTS, THE CRIMINAL JUSTICE PROCESS, AND SERVICES COMMITTED TO ASSISTING VICTIMS OF CRIME.

FLORIDA STATUTE 960 guarantees the rights of a victim, including the next of kin of a homicide victim, to be informed, to be present and to be heard when relevant at all crucial stages of the criminal proceeding to the extent that this right does not interfere with constitutional rights of the accused (S.16(b) Article 1 of the State Constitution). In the case of incarcerated victims, they have the right to be informed and to submit written statements at all crucial stages of the criminal proceedings-and parole proceedings.

Crimes Compensation

If you are physically injured as a result of a crime, you may be eligible for monetary reimbursement of medical bills incurred, lost wages, and reimbursement for counseling expenses through the Bureau of Crimes Compensation, Office of the Attorney General 800- 226-6667. The purpose of the program is to provide compensation to innocent victims of crime or their families who suffer physical injury or death as a direct result of a crime. These forms are available through police departments or the State Attorney's Office.

What To Expect From The System And What The System Expects From You

As a victim or witness your role is critical, if you have seen, heard, know, or experienced something that is important to the investigation of this case, please report to the officer handling the case. You may be interviewed by law enforcement to identify the assailant, etc. Please keep our agency advised of where you are living and your telephone number (work and home). The criminal justice process starts with a crime. There are four basic ways a case can proceed:

• A person may be arrested at the time of the crime. Law enforcement completes an arrest document stating the charges against the accused. If no arrest is made at the time of the crime, law enforcement may continue further investigation.

• If appropriate, law enforcement presents a sworn complaint to the State Attorney's Office. The State Attorney will determine whether there is probable cause to believe that a crime was committed and that the suspect may have committed the crime. The Attorney may file a document called an Information with the Clerk of the Court charging the suspect with the criminal offense. If an lnformation is filed, the Judge, through the Clerk of the Court, may issue a capias.

• Based upon the investigation, an affidavit of probable cause is presented to the Judge by the State Attorney's Office. If probable cause is found, the Judge may issue an arrest warrant. Both the capias and the arrest warrant direct law enforcement to arrest the person believed to have committed the crime.

• The accused may be arrested based upon the investigation and/or indictment returned by the grand jury.

The victim has the right to request that the state attorney permit the victim to review certain portions of a pre-sentence investigation prior to the sentencing of the accused.

Bail Or Bond?

Bail or bond is an amount of money or property posted by the defendant for his/her release to ensure the defendant appears in court. For many crimes, bail bonds have previously been determine by the Courts and are contained in a list of standard bond amounts. The Judge may also set the amount of bond at the time that the arrest warrant or arrest capias is issued. The court considers the nature of the offense, evidence of defendant's employment status, defendant's mental condition, ties to the community, and convictions before setting bail. In less violent crimes, the defendant may be allowed to post bond and be released immediately. In Broward County, there is a "no bond" policy on arrests of domestic violence acts. The suspect must appear at a first appearance hearing (magistrate hearing) and a Judge will set a bond amount and special conditions at that time.

What If My Case Involves A Juvenile

A juvenile (under 18 years of age) who is accused of a crime and arrested or charged with a misdemeanor or non-violent felony, may be immediately released to the custody of his/her parents or guardian. Juveniles who are not released will go to a detention hearing within 24 hours to determine the conditions of release. If you wish, you may attend the detention hearing at 1:15 p.m. the afternoon following the arrest at the Broward County Courthouse, 201 S.E. 6th Street, Room 230, Ft. Lauderdale, Florida.

You may also request that the offender be required to attend a different school than the victim or the siblings of the victim (under certain circumstances). Be advised that information gained by the victim pursuant to Chapter 960, regarding any case handled in juvenile court, must not be revealed to any outside party, except as is reasonably necessary in pursuit of legal remedies.

First Appearance Hearing (Magistrate)

Within twenty-four (24) hours the defendant may appear before a magistrate hearing. At the magistrate hearing the Judge will set conditions, if any, for release of the defendant from jail. If a person who is accused of a crime has sufficient roots in a community to ensure the person will return for trial, the Judge may release the accused on his/her own recognizance pending judicial proceedings. This means that the accused does not have to post the bond. Some defendants can post bond prior to the hearing, based on certain conditions. Victims and witnesses are not required to be present at this hearing, but you have the right to attend, and to make the Judge aware of your feelings about the release of the accused if you desire to do so. Magistrate hearings are held each morning. If you wish to speak with the Assistant State Attorney, you must indicate that to the Court Deputy or the Victim/Witness Advocate in the magistrate courtroom. The Court Deputy will then inform the attorney that you are present and wish to make a statement. It is important that you inform the Court if the accused has threatened to harm you or your family in any way. THE JUDGE CAN ORDER THE DEFENDANT TO HAVE "NO CONTACT" WITH THE VICTIM AND/OR WITNESS. You may attend the First Appearance hearing at 8:30 a.m. in the morning following the arrest at the Broward County Courthouse, 201 SE 6th Street, Room 241, Ft. Lauderdale, Florida.

Notification Of The Release Of The Accused

If the defendant is able to post bond, he/she may be released pending trial. You, as a victim, have a right to be advised of the release of the defendant. Someone from the jail will attempt to contact you by phone or letter or you may call the jail at (954) 831-5900.

Victim/Witness Personal Safety

You have the right to know, at the earliest possible opportunity, II the person charged with the offense, which involves the transmission of body fluids, has tested positive for human immunodeficiency virus (HIV) infection.

In the event you receive threats, bribes, or other attempts to persuade or intimidate you into testifying untruthfully, or to forget, or to make yourself unavailable as a witness, report it immediately to your local law enforcement agent or agency.

Victims of Domestic Violence have the right to be provided with information regarding the address confidentiality program.

If you are the victim of domestic violence (violence within the family) or repeat violence (two incidents), you can file an Injunction for Protection at the Broward County Courthouse, 201 SE Sixth Street, Room 248, Fort Lauderdale, Florida. (954)831-7693 Family Court Services. Domestic violence victims can contact the State Attorney's Office Victim Advocate Unit at (954) 765-4133 for additional assistance. Also you can contact the law enforcement agency for any safety concerns.

Arraignment

An arraignment is for the initial court appearance of the defendant at which time the Court will inform the defendant of the charges pending, give the defendant his/her rights, appoint a lawyer if necessary, and hear the plea of the defendant. The arraignment is set before a Judge when a defendant is told what he/she is charged with and the possible penalties for the offense. The defendant may plead guilty and, if so, the Judge may impose a sentence at this time. If you would like your feelings to be taken into consideration, it is important that you appear at the hearing or speak with the State Attorney's office.

Subpoena

You may receive a subpoena for certain hearings and the trial. A subpoena is a court order to appear at the time and date indicated. The telephone number of the Victim/Witness Liaison will be on the subpoena, and you will be required to call him or her upon receipt. Your telephone number(s) will be taken in order to inform you of changes in the court date or case status. Many cases do not go to trial, and the State Attorney's office will do their best to notify you of changes if you provide them with a contact number.

Criminal Depositions

A deposition is a process in which victims/witnesses are required to appear and answer questions under oath about their knowledge of a criminal offense. After criminal charges are filed, the defendant's attorney might subpoena victims/witnesses for a deposition. The defendant does not have a right to be present at this deposition. If a victim or witness is not incarcerated, they shall not be required to attend discovery depositions in any correctional facility.

Presence Of A Victim Advocate

At the request of the victim, a victim advocate shall be permitted to attend and be present during any deposition of the victim.

Continuances

After a case is set for trial, either the State or the defense may request a delay for a variety of reasons. The State Attorney's Office will make every effort to keep victims/witnesses informed in advance of hearing and trial dates. It is important that victims/witnesses contact the State Attorney's Office the day prior to their scheduled court appearance to make sure that it has not been continued.

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 scheduling his/her appearance of any change in the scheduling which will affect his/her appearance.

Right To Timely Disposition

As a victim, you have the right to a prompt and timely disposition of the case to the extent that this right does not interfere with the rights of the accused.

Notification To Employer And Creditors

At your request, your local law enforcement agency and/or the State Attorney's Office will inform your employer that your cooperation in their investigation and prosecution of the case may necessitate your absence from work. At your request, we will also contact your creditors to seek their considerations if you are temporarily unable to continue payments as a result of the crime.

Advance Notification Of Judicial Proceedings

To be notified that the victim or next of kin of the victim may not be excluded from any portion of any hearing, trial or proceeding based solely on the fact that such person is subpoenaed to testify, unless the court determines that such person's presence to be prejudicial.

Advance notification will be given to a victim or the relative of a victim concerning judicial proceeding relating to: the arrest of the accused, the release of the accused, pending judicial proceedings or modification of the release conditions, and for juvenile cases. Notification can only be accomplished if the victim or relative of a homicide victim has provided the appropriate agency with a current address and the agency itself has sufficient advance notification of the judicial or post judicial proceeding. Victim will also be notified when defendant(s) are released to community control and work release.

Consultation With The Victim Or Guardian, Family Of Victim

You have the right to be consulted by the State Attorney in order to obtain the views of the victim or family about: the release of the accused pending judicial proceedings, plea agreements, participation in pretrial diversion programs and the sentencing of the accused; in those felony and juvenile cases that involve physical or emotional injury or trauma. You can request the State Attorney to permit the victim to review a copy of the pre-sentence investigation report prior to the sentencing hearing, for adults, youthful offenders and juveniles, of one was completed.

Restitution To The Victim

In addition to any punishment, you have the right to request and receive restitution and information on how to enforce the court's order. The Court shall order restitution for certain losses (medical bills, property damage, stolen property). Keep track of your loss. The State Attorney's Office has the responsibility to present the Court the dollar amount and items to be considered in any restitution hearing. For this reason the Victim Impact State Form must be filled out and documentation supplied to the Assistant State Attorney handling the case at the earliest possible time. After the inmates release, any questions about restitution can be asked of the State Probation Department.

Notification Of The Right To Submit A Victim Impact Statement

The victim of a crime has the right to submit an oral or written impact statement to the judge prior to the sentencing of the offender. Your local law enforcement agency and/or state attorney's office will assist with the statement. The Victim Impact Statement may be obtained from the State Attorney's office, Victim Advocate Unit (954) 765-4133.

The department will provide info re victim's right to standing, through the state attorney's office, with consent of the victim, to assert the rights of the victim.

Return Of Property

You have the right to a prompt return of property. If the property was stolen, or other property is needed by law enforcement to prove the crime, it becomes important as evidence. Some evidence/property must be sent to labs for analysis. It is helpful for the jury to see the property at trial, and it is sometimes necessary to keep the property until trial. However, your property will be returned to you as promptly as possible.

If you have any questions concerning the release of your property, call the law enforcement agency or the State Attorney.

Escape From Commitment Facility

You are entitled to information concerning escape of the offender from a state correctional institution, county jail, juvenile facility, or involuntary commitment facility. The State Attorney will make every effort to notify the victim, material witness, or relatives of a homicide victim of the inmate's escape.

Information About Additional Victim Assistance

Information will be made available to victims and witnesses about other assistance such as transportation, parking, waiting areas, and translator services to be utilized when attending court.

What Happens Next

Information on how your case proceeds. after the FIRST APPEARANCE will be available to you at the State Attorney's Office. We thank you ahead of time for your patience, assistance, and cooperation in this investigation of this crime.

Confidentiality

Victims have the right to request, for specific crimes, an exemption prohibiting the disclosure of information to the public which reveals the victim's home, and work phone numbers, addresses, and personal assets not otherwise held under the Public Records Law. You have the right to request that the court shall clear the courtroom of all persons, with certain exceptions, during his or her testimony regarding a sexual offense, regardless of the victim age or mental capacity.

"This project was supported by Award No. VO270 awarded by the State of Florida,

Office of the Attorney General, Victims of Crime Act (VOCA)".