FAQ

You may be receiving a subpoena for certain hearings and the trial. The 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/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. You will also be receiving notices of various hearings that will occur during the course of the criminal process. These notices will differ from your subpoena since they are merely to inform you of the activity of the case and your opportunity, if you wish, to be present at these hearings.
CONSTITUTION OF THE STATE OF FLORIDA, ARTICLE 1, SECTION 16(B) - VICTIM RIGHTS Victims of crime or their lawful representatives, including the next of kin of homicide victims, are entitled to the right to be informed, to be present, and to be heard when relevant, at all crucial stages of criminal proceedings, to the extent that these rights do not interfere with the constitutional rights of the accused. If you are the victim of a crime you have the RIGHT:
  1. To be informed of local victim treatment programs.
  2. To be informed, present and heard at all crucial stages of the criminal or juvenile justice proceedings and to be told how to participate in these proceedings.
  3. To be informed about the availability of Victim Compensation.
  4. To be protected from intimidation.
  5. To submit a victim impact statement.
  6. To seek restitution from the offender.
  7. To be notified of scheduling changes.
  8. To be informed of a confidential communication.
  9. In the case of incarcerated victims, the right to be informed and to submit written statements at all crucial stages of the criminal proceedings, parole proceedings or juvenile proceedings.
  10. To a prompt and timely disposition.
  11. To be consulted by the State Attorney's Office on certain felony cases.
  12. To be notified upon escape of the offender from state correctional facility by the State Attorney.
  13. To request a victim advocate to attend depositions with the victim.
  14. To be notified in advance if possible of release of offender.
  15. To be notified of arrest of accused.
  16. To be informed regarding victim's rights to review certain portions of a pre-sentence investigation prior to the sentencing of the accused.
  17. To be informed of victim's rights of standing, through the State Attorney's Office, with the consent of the victim to assert the rights of the victim.
  18. To a prompt return of your property.
  19. To be informed regarding advanced notification of judicial proceedings relating to the arrest and release (including new requirement regarding community control) of accused as well as proceedings in the prosecution.
  20. To be informed regarding the victim's right to request the court room be cleared, with certain exceptions during his or her testimony of a sexual offense, regardless of the victim's age or mental capacity.
  21. To be informed regarding a victim of domestic violence having the right to be informed of the Address Confidentiality Program administered through the Attorney General's Office.
  22. To be informed regarding HIV testing in any case which involves the transmission of body fluids from one person to another, upon request of the victim or the victim's legal guardian, or of the parent or legal guardian of the victim; if the victim is a minor, the court shall order such person to undergo HIV testing.
  23. To not be excluded from any portion of any hearing, trial or proceeding pertaining to the offense based solely on the fact that such person is subpoenaed to testify, unless, upon motion, the court determines such person's presence to be prejudicial.
  24. That the victims and witnesses who are not incarcerated shall not be required to attend discovery depositions in any correctional facility.
  25. To be advised that information gained by the victim pursuant to Chapter 960, including the next of kin of a homicide victim, 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.
  26. To request, for specific crimes, an exemption prohibiting the disclosure of information to the public, which reveals your name, home and work numbers, home and work addresses, and personal assets not otherwise held confidential under the Public Records Law.
  27. The statutory obligation of the victim, or next of kin of a homicide victim, that any information gained persuant to FS Chapter 960, regarding any case handled in juvenile court, must not be revealed to any outside party, except as reasonably necessary in pursuit of legal remedies.
  28. The right to know in certain cases and at the earliest possible opportunity, if the person charged with an offense has tested positive for human immunodeficiency virus (HIV) infection. In such cases, upon request of the victim or the victim's legal guardian, or the parent or legal guardian if the victim is a minor, the court shall order such person to undergo HIV tersting. In some cases you can be notified of the results of the test within two weeks of the court's receipt of the results.
  29. The right to request, for specific crimes, that your home and work telephone numbers, home and work addresses, and personal assets not be disclosed to anyone.
  30. The right of a victim of sexual offense to request the presence of a victim advocate during the forensic medical examination. An advocate from a certified rape crisis center shall be permitted to attend any forensic medical examination.
  31. No law enforcement officer, prosecuting attorney, or government official shall ask or require a victim of a sexual offense to submit to a polygraph examination or other truth-telling device as a condition of the investigation.
If you are the victim of a crime and need assistance please contact the PBSO Victim/Witness Unit at: 561-688-3978 561-688-3974
Within twenty-four (24) hours of the arrest, the defendant may appear before a judge for a magistrate hearing. At the magistrate hearing the judge will set the conditions if any, for release of the defendant from jail. When a person who is accused of a crime has sufficient roots in a community to ensure that the person will return for trial, the judge may release the accused on their own recognizance pending judicial proceedings. This means the accused does not have to post bond. Some defendants can post bond prior to the hearing, based on certain conditions. In Palm Beach County, there is a "no bond" policy on arrests of domestic violence acts. The State Attorney's Office also has a "no drop" policy in domestic violence cases. Defendants may be prosecuted for domestic violence crimes without the victim. 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 to the Assistant State Attorney, you must indicate that to the Court Deputy or the Victim Witness Advocate in the magistrate room. 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.
At the trial, the judge or a jury of citizens will decide whether the defendant is guilty or not guilty. First, the State will present its evidence, which may include your testimony. Then the defense will present its evidence. Attorneys for each side will have a chance to ask questions of every witness. The burden of proof is on the State to prove the defendant's guilty beyond a reasonable doubt. This burden is designed to be difficult so that innocent people will not be found guilty. The State cannot carry the burden of proof without the effective cooperation of victims/witnesses.
If someone you live with is beating you or threatening you, YOU CAN TAKE ACTION. Knowing your legal rights and other options is the first step toward ending the abuse. The Domestic Violence laws protect you if you are being physically or sexually abused or threatened by your spouse, former spouse, or another family or household member who IS or WAS living in the same household as you, or you fear such abuse. The law protects you from abuse by a person with whom you have a child in common. You need not be married to the abuser or related to be protected under the law.
If there is not a neighborhood watch in your area, consider establishing one. Neighbors who organize themselves to rid their streets of gang houses do much better than individuals who try to go it alone. There is safety in numbers--gangs use this concept constantly. Neighbors, with the assistance and directions of the police, can begin to address neighborhood gang activity in effective ways if they work together. Check with your local police agency to set up a neighborhood watch program.
All victims have the right to a prompt and timely disposition of the case in order to minimize the period in which the victim must endure the responsibilities and stress involved to the extent that this right does not interfere with the constitutional rights of the accused.
At the request of the victim, the victim advocate designated by the state attorney's office, sheriff's office, or municipal police department, or one representative from a not-for-profit victim services organization, including, but not limited to, rape crises centers, domestic violence advocacy groups, and alcohol abuse or substance abuse groups shall be permitted to attend and be present during any deposition of the victims.
Notification to the employer. In cases where you, the victim/witness must take time off from your work to assist in investigations, the investigating police agency, Victim Advocate Unit or the State Attorney will assist you in explaining your circumstances to your employers or creditors, if requested. Upon request from the victim/witness, assistance can be provided for such services as transportation, parking, separate pretrial waiting areas and translator services for attending court, as is practicable. If you need further information concerning these services, contact the State Attorney's Office, Victim Advocate Unit or Victim Services.
Interference with a victim/witness by threats or acts of revenge is a serious crime in itself and a matter to which the local police agency, the State Attorney's Office, and the Court will give particular attention and do their utmost to remedy. If you are having any problems or if you or your family are in any way threatened immediately call the police agency or the Sheriff's Office and make a full report of the events. Sometimes after a suspect is arrested, defense attorneys or their investigators may attempt to contact you. You have a right to speak to anyone, unless a Court orders you not to discuss it. However, you are not obligated to discuss the case at all, unless you have received a subpoena for a deposition or a trial. You have a right to privacy and to be left alone. If anyone harasses or intimidates you, please advise law enforcement personnel immediately.

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