Special Investigations Division

A status conference is a court proceeding in which the prosecuting and defense attorneys discuss the situation of the case. At this time the courts are informed of possible plea agreement or the availability of victims/witnesses for trial if a plea agreement cannot be reached. In addition, if the defendant, State or Court is not ready for trail and a plea agreement cannot be reached, the judge will grant a continuance of the case. If both the State and the defense cannot agree to a plea and a continuance is not granted by the judge, then the case will be scheduled for trial. If the defendant pleads guilty at this time, sentence may be imposed at the time of the plea or a sentencing date will be scheduled. It is important for you to appear at the sentencing hearing if you would like your feelings to be taken into consideration. Certain motions concerning legal issues may be heard at the status conference. Occasionally, a witness may be needed on a pretrial motion. If your presence is required, you will be subpoenaed well in advance of the hearing. Please note that court dates and hearings may be changed by the Court when there is an emergency or legal necessity therefore you should maintain regular contact with the Victim Advocate Unit and the prosecuting Assistant State Attorney.
Our courts are seriously overcrowded. Delays are often caused when various court proceedings are continued (continuances) for any number of reasons. The State Attorney or defendant's attorney may request a continuance in order to do further investigations of the case or for other legal reasons. Sometimes these continuances may even mean an unnecessary trip to court for you. Please remember that every effort is made to keep you informed of the proceedings by the State Attorney's Office in advance and that your patience and cooperation are essential to successful prosecution.
In a significant number of cases, pre-sentence investigations are conducted. The pre-sentence investigation consists of an interview with the defendant, a review of their criminal record, and a review of the specific facts of the crime. The probation department then makes a recommendation to the judge about the type and severity of the sentence. The judge always makes the final decision about the sentence.
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.
Many times sentencing of a defendant who pleads guilty or is found guilty takes place at the status conference or trial proceeding. If it is determined that sentencing will occur at a later time, you will receive notification of the scheduled date. Because sentencing can occur at any state, it is important to have your Victim Impact Statement Form completed and returned to the State Attorney's Office as soon as possible.
All property will promptly be returned to victims and witnesses, upon approval from the case filing agency, unless there is a compelling law enforcement reason for retaining it.
In addition to any punishment, the Court shall order the defendant to make restitution to the victim for damage or loss caused directly or indirectly by the defendant's offense. Restitution may be monetary or no-monetary. The State Attorney has the responsibility to present to the Court the dollar amount and items to be considered in any restitution hearing. For this reason the Victim Impact Statement Form must be filled out and documentation supplied to the Assistant State Attorney handling the case at the earliest possible time. After inmate's release any questions about restitution can be asked of Probation Dept. at 561-837-5175.
Victims can be kept informed of any appeals by writing the Attorney General, Bureau of Crime Victims Rights, the Capitol, Tallahassee, Florida 32399-1050, telephone (904) 488-0600.
After a defendant is sent to prison, victims can be kept informed of the defendants status by writing the Department of Corrections, 2501 Blairstone Road, Tallahassee, Fl 32399-2500, Attn.: Victim Assistance, Telephone (904) 488-9166.
If you are physically injured as a result of a crime, you may be eligible for monetary reimbursement of medical bills incurred and loss of wages through the Bureau of Crimes Compensation Program. The purpose of the program is to provide compensation to innocent victims of crimes or their families who suffer physical injury or death as a direct result of a crime. This is different from restitution paid by the defendant. In order to apply for Crimes Compensation, contact P.B.C. Victim Services at 561-355-2418 for further assistance. These forms are also available through hospitals, police departments, the State Attorney's Office and Sheriff's Office.

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