Orlando Trial Lawyer Upholds Your Rights Under Marsy's Law
Reputable attorney asserts victims’ rights during criminal proceedings
It’s often said that victims of crime are violated twice: first by the offender and second by the justice system. In Florida, this scenario changed with enactment of Marsy’s Law, which guarantees the rights of victims to due process and to seek compensation for their losses. The Law Offices of Tad A. Yates, P.A. advocates for crime victims who demand that the justice system serve them as it was designed.
The origins of Marsy’s Law
Florida is one of a dozen states that have adopted Marsy’s Law — named for Marsalee Nicholas, a University of California student killed by her ex-boyfriend in 1983. Her brother, Dr. Henry T. Nicholas, the co-founder of Broadcom Corp., lobbied for the law, which was passed in California as Proposition 9, the Victim’s Bill of Rights Act of 2008. On November 6, 2018, Florida voters approved an amendment to the state constitution that adopted Marsy’s Law.
Victim’s rights under Marsy’s Law
From the moment a crime against them is committed, victims of crime in Florida are guaranteed the following rights:
- The right to be informed of their rights
- The right to retain an attorney
- Standing to enforce their rights
- Due process
- Fairness, respect, and dignity during proceedings
- Reasonable protection from the accused or his/her agents
- Consideration of their safety as a factor in bail deliberations
- The right to privacy
- Notice of all public proceedings
- Attendance at all public proceedings
- Notice of any release or escape
- Discussion with the prosecutor regarding any disposition in the case
- Information regarding any disposition
- Input into the preparation of any presentence report
- Notice of any appeal or postconviction procedure
- Return of property no longer needed as evidence
- Conduct of the criminal proceedings without unreasonable delay
Victims’ Right to Compensation
Marsy’s Law also guarantees victims the right to receive restitution for losses caused by the criminal conduct. Restitution might include damages for bodily injury, mental distress or financial loss. However, the right to compensation is subject to certain conditions. The victim must do the following:
- Cooperate fully with the police and prosecutors
- Report the crime within three days after it occurred, unless the victim had a good reason not to
- File a claim within one year or, in some cases, two years
In addition, a victim not entitled to compensation if he or she was engaged in unlawful activity at the time of the crime, contributed to the commission of the crime or is a habitual offender.
A knowledgeable victim’s rights attorney can help you obtain restitution to the fullest extent available under the law. Although Mr. Yates has made his reputation as a criminal defense, he is just as determined to see the system respect the rights of victims. He regularly represents Marsy’s Law clients who want their voices heard and their rights upheld.
Contact an experienced Marsy’s Law attorney in Orlando for a free consultation
The Law Offices of Tad A. Yates, P.A. provides skilled representation for victims of crime seeking to assert their rights under Marsy’s Law. To schedule a free consultation, call Tad A. Yates at 407-608-7777 or contact the firm online.