Marsy’s Law gives crime victims enforceable rights under the Florida Constitution, including rights to protection, notice, participation, and privacy during criminal proceedings.
Florida voters approved the constitutional amendment in November 2018, and it took effect on January 8, 2019. It is found in Article I, Section 16 of the Florida Constitution and applies in both criminal and juvenile proceedings.
For people involved in criminal cases in Sarasota, Bradenton, and throughout Florida, understanding these rights can help explain what happens at bond hearings, plea proceedings, sentencing, and other stages of a case.
Who Qualifies as a Victim?
The constitutional definition includes a person who suffers direct or threatened physical, psychological, or financial harm from a crime or attempted crime, as well as a person against whom the crime is committed.
In appropriate circumstances, the definition also includes a lawful representative, a minor’s parent or guardian, or a homicide victim’s next of kin. These representatives cannot have interests that conflict with the victim’s interests. The definition excludes the accused.
What Rights Does Marsy’s Law Provide?
The protections include:
- Fair treatment and respect for the victim’s dignity.
- Freedom from intimidation, harassment, and abuse.
- Reasonable protection within the judicial process from the accused and people acting on the accused’s behalf.
- Consideration of the victim’s safety and family’s safety when bail and release conditions are set.
- Protection against disclosure of certain information that could locate or facilitate harassment of the victim or family, or reveal confidential or privileged information.
These protections can affect how authorities communicate with victims, how courts consider release conditions, and how sensitive records are handled. The Florida Department of Financial Services provides a summary of these rights.
Can a Victim Attend Court and Speak to the Judge?
Yes. Upon request, Marsy’s Law provides rights to reasonable, accurate, and timely notice of public proceedings and to attend those proceedings.
Victims may also request an opportunity to be heard at specified proceedings involving release, pleas, sentencing, and other matters affecting their rights.
The law additionally provides an opportunity, upon request, to confer with the prosecutor about plea agreements, diversion, restitution, sentencing, and other dispositions. Victims should communicate their requests to the assigned prosecutor or victim advocate and keep their contact information current. The Sixth Judicial Circuit State Attorney’s Office explains these participation rights.
Does Marsy’s Law Automatically Keep a Victim’s Name Secret?
No. Marsy’s Law does not create a blanket right to anonymity.
In City of Tallahassee v. Florida Police Benevolent Association, Inc., decided November 30, 2023, the Florida Supreme Court held that Marsy’s Law does not give victims—including police officers—a categorical right to prevent public disclosure of their names.
The Court distinguished that issue from separate statutory protections that may shield identifying information in particular circumstances. Therefore, a victim’s name is not automatically confidential simply because Marsy’s Law is invoked, but another law may protect it. Read the Florida Supreme Court’s decision.
How Does Marsy’s Law Affect Bond Hearings?
The court must consider the safety and welfare of the victim and the victim’s family when setting bail and pretrial release conditions.
This makes safety concerns relevant to the court’s decision. However, Marsy’s Law does not automatically require detention without bond in every case involving a victim. Florida’s separate constitutional provisions governing pretrial release and detention also apply.
Does Marsy’s Law Eliminate a Defendant’s Rights?
No. Article I, Section 16 also protects the accused’s rights, including counsel, compulsory process for witnesses, confrontation of adverse witnesses at trial, and a speedy and public trial before an impartial jury.
Victims’ rights must be addressed alongside those protections. The Florida Supreme Court’s anonymity decision specifically discussed the accused’s confrontation rights when interpreting Marsy’s Law.
For a defense attorney, the practical task is to investigate the allegations and challenge the prosecution’s evidence through lawful procedures while respecting applicable victim protections.
How Are Victims’ Rights Enforced?
A victim, retained attorney, lawful representative, or the State Attorney’s Office acting at the victim’s request may seek enforcement before a court or other authority with jurisdiction.
The Constitution requires prompt consideration of such requests and an explanation on the record of decisions concerning a victim’s rights.
Victims in Sarasota and Manatee County can also seek assistance through the Twelfth Judicial Circuit State Attorney’s Office and local law-enforcement victim advocates.
Understanding Marsy’s Law in Your Criminal Case
Marsy’s Law can affect notice, courtroom participation, release conditions, and access to sensitive information. Its application depends on the issue before the court and the other laws governing the case.
The Law Offices of Jeffrey A. Haynes, P.A. represents individuals facing criminal charges in Sarasota and Manatee County. Contact our office to discuss your case, your rights, and the procedures that may affect your defense.
