Brian S. Kramer

It is the policy of the State Attorney and the Law Enforcement agencies within the Eighth Judicial Circuit to treat all victims and witnesses with dignity, respect, and compassion at all times.
As a crime victim you have certain rights guaranteed by Florida Law. The purpose of the tabs above is to help you understand your rights as a victim and available resources. The legal system can be confusing, particularly if you have never had previous contact with it.
We hope this will help you better understand your rights as a victim or witness, what to expect during the prosecution of the case and the services available to you.
This process of Justice may take time. Your cooperation and patience are appreciated very much. If we can answer any questions or assist you in any way, please feel free to call us. You can make a difference, and we thank you for it.
Respectfully,
Brian S. Kramer
State Attorney

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You will be working with an Assistant State Attorney and a Victim/Witness Advocate. Your Advocate will provide you with information and guidance concerning your case. If you have any questions, please feel free to contact the Assistant State Attorney or the Victim/Witness Advocate assigned to your case.

The State Attorney’s Office Victim/Witness Program provides the following services:

Whether or not an arrest has been made in your case, the Victim/Witness Program is available to assist you. Please contact us at the State Attorney’s Office. We are here to help you, and there is no cost to you for our services.
If you have a question regarding your case, you may email Non-Emergency Victim service questions to sao8vs@sao8.org
Please note that Email messages are reviewed during office hours (8:30 am – 5:00 pm) and we will attempt to respond to your question and reply to you as quickly as possible.
For resources on Crime Victim Compensation, refer to the Brochure and the Application. To speak with a Victim Advocate, please call the county office in which the crime occured. You can find the numbers for each county on the Locations page of our site.

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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 identity of 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:

Notification of Post Arrest Release

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 a waiver of rights.

First Appearance

If an arrest is made, within 24 hours the Court holds a hearing called 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, however, your presence is not required. You may be contacted by Alachua County court services to provide input for the court to consider at the first appearance hearing.

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 an "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 Information."

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. You have the right to be present, 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.

Plea Negotiations

Prior to the 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 pre-trial diversion program, the victim will be consulted.

Case Management Hearing

The case management 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, at which time the Court will schedule a specific date in the future for the plea to be entered. Finally, the Defendant may request a continuance if he or she is not ready for trial. You have the right to be present, however, your presence is not required.

Pretrial Conference Hearing

The pretrial conference hearing is held one to 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, however, your presence is not required.

Continuances

It is not unusual for a case to be continued or postponed. However, there are 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 recieving a Subpoena. They need to have current telephone numbers and addresses to notify you of a continuance or cancellation of trial.

Trial

In some cases the defendant will plead guilty 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

If the defendant is found guilty and before the Judge schedules the sentencing, he or she usually 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 his or her recommendations as to the sentence. You may be contacted by an Officer from the Department of Corrections to obtain your statement. Upon request, the victim has the right to review the Pre-Sentence Investigation report prior to the sentencing hearing if one was completed.

Sentencing

Sentencing, which is also referred to as disposition, is a court proceeding held after a conviction or guilty plea of the defendant at which time the judge sets the length and conditions of punishment. You have the right to submit orally or in writing a Victim Impact Statement at the time of sentencing. Statewide sentencing guidelines became effective October 1, 1983. The guidelines provide a range of recommended sentences in most felony cases. The court must sentence according to these guidelines unless the Court 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 Guidelines unless some of the information needed to calculate the sentence has not been received or subject to change.

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As a Crime Victim, you have the right:

Care for Children

Unfortunately, there are no facilities to care for children at the courthouse. Since court proceedings may take some time, please try to find someone to care for your children while you attend court.

Subpoena

You may have received a subpoena from a Deputy Sheriff, requiring you to be present at a certain time and place. If you do not appear, the Court could charge you with contempt of court resulting in a fine or jail sentence. If you have a question regarding a subpoena contact the State Attorney’s Office as soon as possible with your concerns. When you appear at the direction of the subpoena, please make sure you take your subpoena with you. DO NOT disregard the subpoena.

Victim/Witness Harassment

Interference with a victim/witness by threats or acts of revenge is a serious crime in itself and a matter to which the local law enforcement agency, the State Attorney’s Office, and the Court will give particular attention and do their utmost to remedy. If you believe you or your family are being threatened or harassed in any way, immediately call local law enforcement and the State Attorney’s Office and make a full report of the events.

Injunction for Protection

Injunctions for protection or restraining orders are issued as a result of domestic, dating, repeat or sexual violence or stalking. Domestic violence is, generally, violence within the family. Dating violence is violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. Repeat violence means that the same person commits two incidents of violence, within the past six months. Sexual violence means any one incident of: sexual battery; a lewd or lascivious act committed upon or in the presence of a person younger than 16 years of age; luring or enticing a child; sexual performance by a child as described in chapter 827, Florida statutes; or any other forcible felony wherein a sexual act is committed or attempted. Stalking means the repeated following, harassment, or cyberstalking of one person by another. These are civil matters, but they may occur at the same time as criminal prosecution. You can call the Clerk of Court’s Office to see if it is possible to pursue an injunction.

No Contact

The Judge may order that the Defendant has no contact with the victim. This means no contact either directly or indirectly, through a third party, by physical contact, by phone, letter, mail, email or by driving by your home or place of employment.

Victim Compensation Program

If you were injured as a result of a crime, Crime Victim Compensation may be able to help with medical bills, lost wages, or other expenses, that were incurred because of the crime. Reimbursement for property loss is for elderly or disabled adults only. Each application is reviewed on an individual basis to determine eligibility. There is no guarantee that you will receive payment. Contact a Victim Advocate to discuss your particular case.

Restitution

If you have suffered direct or indirect damages, the court may order restitution for certain losses. If you desire restitution, itemize and document your losses on the Victim Losses Checklist and provide it to the Assistant State Attorney as soon as possible. If you have questions about the form or what constitutes damages, call your Victim Advocate.
Your Assistant State Attorney will ask the Court to order restitution, if appropriate, but the Court must issue the order. Legally, The Defendant cannot be compelled to pay if he or she is financially unable. However, if he or she obtains employment while incarcerated, the Department of Corrections (DOC) has the authority to order restitution. You have the right as a victim of a crime to contact the DOC to determine the employment status of the inmate. If the Court does order restitution, a Probation Officer will be assigned to the case.
` The Probation Officer will set up a schedule for payments and upon receipt of payment will forward them to the Clerk of the Court. The Clerk will then distribute payments to victims within ninety (90) days of receipt. If you have questions about collection of restitution, call Probation and Parole Services at the number listed at the bottom of this page. Be sure to give the Defendant’s name and case number.

Victim Impact Statement

This is a statement made either verbally or in writing to the Court before sentence is imposed. In the statement, the victim may describe the effect the crime has had on him or her and his or her family and the emotional and financial losses that he or she may have suffered. If you have questions or need assistance in preparing a Victim Impact Statement, a Victim Advocate will be available to assist you.

The Criminal Appeals Process

A defendant has the right to appeal the conviction and sentence. An appeal is the method by which the defendant, now a convicted felon, can raise questions about the validity of the conviction and/or sentence. A defendant must file a notice of appeal within 30 days of the conviction and sentence. This notice is followed by a written document that explains the reasons why the conviction or sentence may be improper. The defendant or the defendant's attorney must cite some legal error or similar basis for the appeal, and may not simply re-argue the evidence in hopes of getting a different verdict. Only the transcript of the trial court proceedings and other official court records of the case can be used by the defendant as the basis for an appeal.
The written document filed by the defendant is called an initial brief. (In the language of the courts, the defendant filing the appeal is called the "appellant" and the State is called the "appellee.") A copy of the defendant's initial brief is filed with the Office of the Attorney General (OAG). The assistant attorney general reviews the arguments presented in the defendant's initial brief, reads the trial transcript and other records, then prepares an answer brief for the court explaining why the conviction and sentence are valid and should not be overturned.

Victim Notification of the Appellate Decision

After reviewing all the documents filed with the court and the discussion during oral arguments, the court issues a formal written opinion announcing its decision regarding the appeal. The opinion may be very short, known as a Per Curium Affirmed, which means the judges decided that there were no errors in the trial process and is considered a "win" for the State, or the opinion may be written and include the differing opinions of the judges assigned to the case and may refer to specific laws that were challenged. Regardless of the length of the opinion, the decision is legally binding.
The written opinion issued by the appeals court is sent to the trial court in the circuit where the case was originally heard. If the appeals court affirms the decision of the trial court, then no further action is needed by the trial court and the defendant's conviction and sentence stand.

Note: In the event the defendant in this case appeals, notification to you can only occur if your contact information is correct. Please contact us at 352-375-3627 or by email at Amendolad@sao8.org if your phone number, mailing address, or email changes.

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You are a witness because you have seen, heard, or know something about a crime. If you are the victim of a violent crime or owner of property stolen, damaged or misused, the case may not be prosecuted unless you testify. You may not think that what you know about the case is significant, but it may be highly important. Many small pieces of information are often required to determine what happened.
To prevent delay and possible dismissal of a case, witnesses must be present when asked to appear. We must be able to contact you, so it is important that you keep our office informed of your present address, telephone numbers and plans you have for vacation. Please give your Victim Advocate this information as soon as possible.

Tips on being a Witness

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In accordance with federal law and U.S. Department of Justice policy, this organization is prohibited from discriminating on the basis of race, color, national origin, religion, sex age, or disability. To file a complaint of discrimination, call the Department of Legal Affairs, Federal Discrimination Complaint Coordinator, PL-01 The Capitol, Tallahassee, Florida, 32399, or call 850-414-3300, or write Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7th Street, NW, Washington, DC 20531 or call 202-307-0690 (Voice) or 202-307-2027 (TDD/TYY). Individuals who are hearing impaired or have speech disabilities may also contact OCR through the Federal Relay Service at 800-877-8339 (TYY), 877-877-8982 (Speech), or 800-845-6136 (Spanish).

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It is the policy of the Office of the State Attorney that Victim Services staff shall take reasonable steps to provide limited English proficient (LEP) persons with meaningful access to all services offered by Victim Services in the Office of the State Attorney. An individual with disabilities (hard of hearing, deaf or LEP) who needs an accommodation in order to participate in a scheduled SAO proceeding, for example a testimony or a State Attorney Investigation, (SAI), etc., is entitled, at no cost, for certain auxiliary plan assistance. Citizens with disabilities, deaf, hard of hearing, or LEP, who request services or accommodations, must meet SAO criteria in order to obtain services or accommodations from the SAO: the person is a primary victim, secondary victim, or witness in a pending criminal case within the jurisdiction of 8th Judicial Circuit.

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