Marsy’s Law: Crime Victims’ Rights in Florida

In Florida, crime victims and their families have certain constitutionally guaranteed rights under what is known as Marsy’s Law. The constitutional amendment, named after Marsalee “Marsy” Nicholas, a victim of a brutal crime, was designed to protect and empower crime victims. The amendment to the state constitution was approved by voters in 2018.

Why Was Marsy’s Law Created?

Marsy’s Law is named after Marsalee “Marsy” Nicholas, a California woman who was stalked and killed by her ex-boyfriend in 1983. Just one week after her death, Marsy’s mother and brother, Henry Nicholas, walked into a grocery store where they were confronted by the accused murderer. The family was unaware that the ex-boyfriend had been released on bail. This further traumatized Marsy’s family.

To honor his sister, Dr. Henry Nicholas later campaigned for stronger protections, rights, and notifications for victims of crime. Marsy’s Law was first passed in California in 2008. Since then, several other states have adopted versions of Marsy’s Law as constitutional amendments to expand victims’ rights. Florida voters overwhelmingly approved Marsy’s Law in November 2018.

Who Qualifies as a Crime Victim?

Under Marsy’s Law, a “victim” is someone who suffered physical, psychological, or financial harm directly due to a crime. This includes parents/guardians of minor victims and next of kin of homicide victims. The accused perpetrator does not qualify as a victim.

What Rights Does Florida’s Marsy’s Law Provide?

Marsy’s Law in Florida establishes the following key rights for victims of crimes:

  • The right to be treated with fairness and respect: Victims must be treated with dignity and compassion by law enforcement, prosecutors, judges, and other authorities. Their privacy should be protected when possible.
  • The right to protection from the accused: Courts can issue “no contact” orders to prevent the accused from interacting with or harassing the victim. Other protections may also be available.
  • The right to be informed and present: Victims have the right to be notified of court proceedings, the status of the case, any plea agreements, and parole hearings. They also have the right to be present and heard at important criminal justice hearings.
  • The right to consultation with prosecution: Victims have the right to talk with prosecutors about their wishes, including requests for restitution. Prosecutors should consider the victim’s viewpoint as they build their case.
  • The expanded right to make statements in court: Victims have the opportunity to submit verbal or written impact statements detailing how the crime affected their lives. This can influence sentencing outcomes.

How Marsy’s Law Changes Things in Florida

While Florida already had a Victims’ Bill of Rights on the books before Marsy’s Law, the constitutional amendment significantly strengthened and expanded victims’ rights. Key changes include:

  • Elevating rights to a constitutional level to give them more force and permanence
  • Providing specific mechanisms for enforcing rights
  • Allowing victims to petition appellate courts for relief in cases where rights are being violated
  • Removing any “responsibilities” assigned to victims

Marsy’s Law is still relatively new in Florida, but these enhanced legal protections aim to improve victims’ difficult journey through the aftermath of a crime. Consulting with an experienced criminal defense lawyer can help victims understand and assert their rights at every stage of the process.

Defending Your Rights as a Victim

While understanding your rights is crucial, exercising them effectively requires experienced legal guidance. Our firm is well-versed in the nuances of Marsy’s Law and committed to protecting your rights throughout your case. We will:

  • Advise you of your rights and responsibilities under Marsy’s Law.
  • Advocate for your full participation in the legal process.
  • Assist you in seeking appropriate remedies and compensation.
  • Provide unwavering support and guidance every step of the way.

Marsy’s Law empowers victims of crime in the legal process. Don’t hesitate to reach out to our firm if you need strong advocacy to defend your rights.

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