069 - VICTIM/WITNESS ASSISTANCE

VICTIM/WITNESS ASSISTANCE EFFECTIVE DATE: 06/01/05 STANDARD NO. 069 REVISED: 10/24/23 REPLACES: N/A Rev. 08/18/17: Rev. 10/03/11; OBJECTIVE: To establish guidelines and procedures for providing information brochures to victims and witnesses of crime as required by Florida Statutes 960.001. POLICY: In an effort to comply with the laws of the State of Florida governing victims and witnesses of crime, it shall be the policy of the Homestead Police Department (HPD) and the State Attorney’s Office (SAO) to inform all victims and witnesses of their rights as enumerated in Florida Statute. The victims and witnesses will be made aware of their rights by the use of a Victim/Witness Rights Brochure. SCOPE: All employees of this Department shall be governed by the procedures set forth below. I. DEFINITIONS: A. Victim – A person against whom a crime was committed. Some victims suffer physical injury or property damage, and some have psychological injury or both. Victims have certain rights in Florida. Others who can claim these rights are the victim’s parent or guardian if the victim is a minor, the lawful representative of the victim or of 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. II. RIGHTS OF VICTIMS AND WITNESSES: A. The following guidelines and rights of victims and witnesses of crimes are enumerated in the Victim/Witness Rights Brochure: 1. The victim or the State Attorney’s Office with the consent of the victim, have standing to assert any legal rights of a crime victim as provided by law or The Florida Constitution. 2. The right of the victim (or their relatives where the victim is deceased) to receive information regarding the availability of financial compensation from the State of Florida. Telephone numbers of these services are included in the brochure. 3. The right of the victim to receive information on available crisis intervention services and local community service to include counseling, shelter, legal assistance, or other types of help, depending on the particular circumstances. Telephone numbers of these services are provided in the brochure. Victim/Witness Assistance – SOP# 069 4. The right of the victim or witness to receive information regarding the victim’s role in the criminal or juvenile justice system to include what the victim may expect from the system and what the system may expect from the victim. 5. 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. 6. 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 proceeding, to the extent that the right does not interfere with the constitutional rights of the accused. 7. The right, if you are incarcerated, to be informed of the crucial stages of the criminal and juvenile proceedings and be afforded the opportunity to submit written statements at all crucial stages of the proceedings. 8. 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. 9. The right to receive advance notification of judicial and post 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. 10. The right to be free from intimidation and/or harassment. It is against the law to knowingly use intimidation or physical force, or threaten another person, or attempt to do so, or engage in misleading conduct toward another person, or offer pecuniary benefit or gain to another person. If you are being threatened or intimidated, please contact the Homestead Police Department or any law enforcement officer. 11. The right of the victim of domestic violence to be informed of the address confidentiality program administered through the Attorney General’s Office.