Office of Crime Victim Services

Current Practices FAQ's

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♦ Should law enforcement or prosecutors give victims a written list of all or some of the rights
♦ Are victims of county or municipal ordinance violations entitled to the same rights
♦ Are law enforcement officers considered a "victim" in obstructing, resisting or fleeing an officer cases
♦ Can there be victims in a criminal traffic case
♦ Are there victims in cases involving mutual combatants
♦ Can victims be given the identity of a juvenile offender in order to obtain information about the offender's pre-adjudication release from a detention facility
♦ To which rights are victims of read-in offenses entitled
♦ Can victims waive their rights
♦ How should cases consolidated with another county be handled
♦ When and how should a victim's interest be considered by a court in granting a continuance under s. 971.10

Should law enforcement or prosecutors give victims a written list of all or some of the rights? The developing practice is to provide victims with a list of those rights that are most important and relevant to know at that time and how to exercise those rights. In those situations, victims are also provided with information as to how to obtain a complete listing of all rights. 

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Are victims of county or municipal ordinance violations entitled to the same rights? Law enforcement agencies need not provide victims with the required written information if they are certain the case will be handled as a county or municipal ordinance violation. However, if it is unknown how the case will be handled, law enforcement should provide victims with the required written information. If an arrest has been made and the prosecutor chooses not to file criminal charges and refers it back as an ordinance violation, the victim should be informed of the prosecutor's decision not to charge.  

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Are law enforcement officers considered a "victim" in obstructing, resisting or fleeing an officer cases? Law enforcement officers who suffer a personal injury should be afforded the same rights as "citizen" victims. There is not a consensus on whether these offenses without injury require notice. Some judges are considering the officers a victim and requiring notice. 

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Can there be victims in a criminal traffic case? Yes, in situations where a person suffers emotional, physical or financial loss as a result of the related criminal act. 

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Are there victims in cases involving mutual combatants? "Victim" does not include persons charged with or alleged to have committed the crime. In appropriate situations, (e.g. domestic violence cases), agencies may choose to provide information and services to the parties. 

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Can victims be given the identity of a juvenile offender in order to obtain information about the offender's pre-adjudication release from a detention facility? The law permits a law enforcement agency, pursuant to official agency policy, to disclose to a victim any information in its records relating to the injury, loss or damage suffered by the victim, including the juvenile's name and address. [s. 938.396(1r)] A law enforcement agency, if requested shall disclose to the victim-witness coordinator information in its records and may be used by the coordinator for the purpose of ensuring victims receive the rights and services to which they are entitled. [s. 938.396(1g)] A victim-witness coordinator may disclose the juvenile's name and address to the victim. [s. 938.396(1g)]  

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To which rights are victims of read-in offenses entitled? The victim should be informed of the decision not to charge if an arrest was made or to dismiss the charge, whichever is pertinent, and of their rights to receive notice of, to attend and to make a statement at the sentencing hearing, to confer with the prosecutor regarding the sentencing recommendation, and to an order of restitution. 

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Can victims waive their rights? In situations where there may be a large volume of offenses committed against an identifiable entity, e.g. worthless check cases, retail theft, some offices are allowing potential victims to indicate in advance whether they wish to exercise their right to receive notices of and attend court proceedings or to confer with the prosecutor. (i.e. a notice and waiver on the worthless check form) The victims are provided with information on the disposition of the case, including restitution orders. Victims are always entitled to request to exercise all their rights in any specific case. 

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How should cases consolidated with another county be handled? Extra efforts should be taken to coordinate and document information and services to ensure that all victims (including read-ins) are afforded all of their rights, including information on how to exercise those rights. 

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When and how should a victim's interest be considered by a court in granting a continuance under s. 971.10? Under this section courts are required to consider several factors, including the interests of the victim, in granting or denying a motion for a continuance. Courts may consider the victim's interests in the same manner and to the same extent, as the other specified interests, and must set forth its reasons either orally or in writing. There is no specific requirement that victims be given notice or an opportunity to provide direct input into the court's decision, although a court has the discretion to solicit such input. Since courts have the inherent authority to set its own calendar, many changes in court schedules are made that are not continuances under s. 971.10 and therefore do not mandate consideration of victims' interests.  

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