Miami Marsy’s Law Attorney for People Hurt During a Crime
In 2008, Amendment 6, or Marsy’s Law, passed in Florida with 61% of the votes. Based on a 2008 California law named for Marsy Nicholas, a woman who was murdered by her ex-boyfriend in the early eighties, the Florida amendment removed constitutional language that limited victims’ rights if they interfere with the rights of the accused. Before the amendment, the accused’s rights prevailed when there was a conflict between an accused individual’s rights and the victim of a crime.
Jared K. Newman is a Miami Marsy’s Law attorney for people hurt during a crime. Because of Florida’s Marsy’s Law, victims of crimes are granted legal protections. Our law office represents those injured through criminal conduct and works to ensure they are afforded all the protections under Amendment 6. Call South Florida Law, PLLC at (954) 932-7877 to review your legal rights if you were the victim of a crime.
What Are the Origins of Miami’s Marsy’s Law, or Amendment 6?
The original Marsy’s Law was passed in 2008 in California. As stated above, the law was named for a young woman who was murdered, Marsalee Nicholas. Just a couple of weeks after she was killed, her parents encountered her murderer while out shopping. The police were not required to inform the family that the accused had been released on bail, so her parents were completely unaware when they ran into her killer in a public area. Because of the pain and suffering endured by her parents, legislation was introduced to protect victims’ rights. While the United States Constitution spells out over 20 individual rights for a person accused of a crime, no provisions protect the rights of the victim of a crime or their families.
Florida’s Marsy’s Law amends the language of Article I, Section 16(b) of the Florida Constitution to ensure that victims of a crime are granted the same rights of due process as the accused. Under the amendment, victims could be represented by our Miami attorney through the process leading up to the trial, including bond hearings and other court dates. Marsy’s Law provides a victim’s Fort Lauderdale personal injury lawyer the tools necessary to enforce their rights under Amendment 6 or under any other Florida law. When our Miami attorney seeks to enforce the rights of a victim, the court or other government agency with authority over the case must:
- Promptly respond to any request or petition
- Provide a remedy under the law for any violation of the victim’s rights
- State on the record an explanation for any decision related to the disposition of a victim’s rights
How is a Victim Defined Under Miami’s Marsy’s Law?
As defined by Amendment 6, a victim is a person who suffered harm, including actual or threatened physical violence, financial losses, or psychological or mental distress due to the commission or attempted commission of a crime. Miami’s Marsy’s Law also includes the victim’s parent or next of kin if the victim was murdered.
What Rights Does a Victim of a Crime in Miami Have Under Marsy’s Law?
Under Florida’s Amendment 6, or Marsy’s Law, the victim of a crime, or their family, is granted a number of rights. First, a victim of a crime must be informed of their rights under the law. They are also entitled to retain the counsel of their choice.
The victim, or their family, have the right to have any rights afforded under Marsy’s Law enforced through their attorney. The provisions of this amendment apply to both criminal and juvenile proceedings.
Furthermore, victims of a crime are entitled to the following rights:
- Due Process
- To be treated fairly and with respect
- To be free from abuse or harassment
- To be reasonably protected from the accused individual or any person working on their behalf
- Bail, pretrial release conditions and any other pretrial court proceedings must consider the safety and welfare of the victim and the victim’s family
- Prevent the disclosure of information or records related to the victim’s home or location
Additionally, a victim of a crime is entitled to rights that they could assert through our experienced Miami attorney. Some of these rights are as follows:
- To be notified of any public proceedings, including trials, plea hearings, and sentencing hearings
- The victim has the right to be heard during any of the public proceedings
- The victim has the right to confer with the prosecuting attorney regarding any plea agreements, release, restitution or sentencing
- The victim or their family has the right to provide testimony and information detailing the impact of the crime
- The right to copies of relevant records and reports, except where excluded by law
- A victim has the right to be informed of all post-conviction procedures, including the ability to provide information before any release or parole decisions
- The right to have all personal property promptly returned when it is no longer required as evidence
- A victim has the right to timely and full restitution for both direct and indirect losses related to the criminal conduct
Call Our Miami Marsy’s Law Attorney for People Hurt During a Crime for a Free Consultation
Victims of crimes have rights in Miami enumerated and expanded under Amendment 6, or Florida’s Marsy’s Law. Our Miami’s Marsy’s Law attorney for people hurt during a crime has the experience to help protect those rights. Miami personal injury lawyer Jared K. Newman represents individuals who have suffered harm, physical, mental, or financial, due to a criminal act. For a free consultation to review your legal rights, call (954) 932-7877