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37.3 VICTIM /WITNESS ASSISTANCE Page 1 of 6 EDGEWOOD POLICE DEPARTMENT GENERAL ORDER # 37.3 VICTIM/WITNESS ASSISTANCE Review Date: April 13, 2023 The purpose of this policy is to establish guidelines and procedures for assistance of victims and witnesses of crimes. This policy shall consist of the following numbered sections: I. Scope II. Definitions III. General I. SCOPE A. To comply with the laws of the State of Florida governing victims and witnesses of crime, it shall be the policy of the agency to inform all victims and witnes ses of their rights as enumerated in Florida Statute. B. Victims and witnesses will be made aware of their rights by the use of the Victim/Witness Rights Brochure, Domestic Violence Brochure and the Sexual Violence Brochure. II. DEFINITIONS A. Victi m – A person who suffers physical, financial, or emotional harm as the direct result of a specified crime committed upon his/her person or property. Also referred to as a "victim" is a victim’s parent or guardian if victim is a minor, the lawful r epresentative of the victim or the victim’s parent or guardian if the victim is a minor, and the next of kin of a homicide victim. B. Witness - A person, as determined by law enforcement, who has information or evidence relevant to a specific crime. III. GENERAL A. The following guidelines and rights of victims and witnesses of crimes are enumerated in the victim/Witness Rights Brochure provided to all crime victims and witnesses. 1. The right of the victim to receive information on local community services to include counseling, shelter, legal assistance, or other types of help, 37.3 VICTIM /WITNESS ASSISTANCE Page 2 of 6 depending on the particular circumstances. Telephone numbers of these services will be provided to the victims and witnesses as applicable. 2. The right of the victim to receive information regarding the availability of crimes compensation, when applicable for victims of crimes or their relatives where the victim is deceased. Telephone numbers of these services shall be included in the Victim’s Rights Brochure. 3. The right of the victim or witness to receive information regarding the victim’s role within the criminal justice or juvenile justice system to include what the victim may expect from the system and what the system may expect from the victim. 4. The right of the victim or witness to receive information regarding the stages of the criminal and juvenile justice process which are significant to the victim or witness and the manner in which information about such stages may be obtained. 5. The right of the victim, who is not incarcerated, including the next of kin of a homicide victim, to be informed, present, and heard when relevant, at all crucial stages of a criminal or juvenile proceedi ng, to the extent that the right does not interfere with the Constitutional Rights of the accused. 6. The right that victims and witnesses who are not incarcerated shall not be required to attend discovery depositions in any correctional faci lity. 7. The right that a victim, or the next of kin of a victim may 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, up on motion, the court determines such person’s presence to be prejudicial. 8. The right that incarcerated victims shall be informed of the crucial stages of the criminal and juvenile proceedings and be afforded the opportunity to submit writt en statements at all crucial stages of the proceedings. 9. The right of a victim to a prompt and timely disposition of the case as long as it does not interfere with the Constitutional Rights of the accused. 10. The right to be free from intimi dation. It is against the law to cause a victim/witness to be placed in fear by force or threats, to make an assault on, or harm any victim/witness. It is a felony to tamper with or threaten a witness. 11. The right that each victim who has been scheduled to attend a criminal or juvenile justice proceeding shall be notified as soon as possible by the agency or person scheduling his appearance of any change in scheduling which will affect his appearance. 37.3 VICTIM /WITNESS ASSISTANCE Page 3 of 6 12. The right to recei ve advance notification of judicial proceedings relating to the arrest and/or release (to include community control and work release) of the accused as well as the proceedings in the prosecution. 13. In addition to the provisions FS 921.143, the rights of the victim of a felony involving physical or emotional injury or trauma, or in a case in which the victim is a minor child or in a homicide, the guardian or family of the victim shall be consulted by the State Attorney in order to obt ain the views of the victim or family about the disposition of any criminal or juvenile case brought about as a result of such crime, including the views of the victim or family about. The release of the accused pending judicial proceeding s. a. Plea Agreements. b. Participation in pretrial diversion programs. c. Sentencing of the accused. 14. The right of the victim to a prompt return of property unless there is a compelling law enforcement need to retain it. 15. The right of the victim to receive the assistance the State Attorney