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Your Marsy's Law Rights
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Frequently Asked Questions
What is Marsy's Law?
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Do courts have to appoint attorneys for crime victims?
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What are the victim’s remedies when a Court either denies or ignores a victim’s right under Marsy’s Law?
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Does giving notice of an opportunity to be heard in court procedures interfere with the court or slow the process down?
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Who pays for victims’ rights attorneys?
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Does Marsy’s Law apply to Civil Protection Order Cases?
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What happens when the prosecutor does not agree with the victim? For example, a domestic violence victim wants the charges dismissed or refuses to cooperate with the prosecution.
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Since the victim or victims have a constitutional right to speak with the prosecutor on demand, can they demand to speak to the prosecutor repeatedly without limitation?
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Are law enforcement agencies being trained on Marsy’s Law?
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Do victims have a right to a separate waiting area away from their offender?
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Can a court punish a victim for not cooperating with the prosecution?
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If the victim is concerned the process is taking too long, what options are available to the victim?
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Is the prosecutor required to redact the victim’s name and identifying information from the complaint or indictment?
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Is law enforcement required to remove victim contact information from their report?
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Can a victim direct a prosecutor to refuse to turn over Criminal Rule 16 or Brady material directly associated with the victim?
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Does separation of witnesses apply to crime victims?
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If an officer is setting a bond for a defendant in the middle of the night once arrested for domestic violence, does the victim have a right to participate in the decision regarding the bond?
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Must a prosecutor allow a victim or victim’s representative to directly participate in the conduct of a pre-trial conference with defendant or defense counsel?
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Do you have a reference for the First District ruling on right of victim mentioned in separation of witness?
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Can you give a couple examples of types of motions a prosecutor might file on behalf of the victim?
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Is the Prosecutor’s Office required to send a copy of the Motion for Continuance out to the victim? If so, does the Court need to hold the Motion to give the victim time to voice their opinion?
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Are prosecutors mandated to file a motion for the victim each time they are asked?
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Can a victim advocate tell a victim that they do not have to talk to a defense attorney or is this practicing law without a license?
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If a prosecutor files a motion “on behalf of” a victim, does that create any ‘attorney-client’ relationship between the prosecutor and victim?
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Is Marsys’ Law retroactive? For example, if there was a criminal case already in progress when the law was put into action, does it apply to that case?
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Are prosecutors required to provide disposition information in municipal court cases? Is this upon request only?
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Is it a correct interpretation of the law that law enforcement and prosecutors have obligation to notify victim and not courts?
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There is a standard for timely arraignments of defendants, is that delayed if a victim was not notified?
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Do you have to continue to send out notifications if the victim has never responded or asked for the notification?
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What specifically are victims’ rights advocates required to do under Marsy’s Law -that we were not already doing through notification of rights, hearing dates, case updates, etc.?
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If a victim does not want charges to be filed and waives all of the victim’s rights at the scene should prosecutor's office still try to notify the victim of court dates, etc.?
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What advice do you have for prosecutors who have cases with victims but do not have current contact information for the victims?
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What if the offender is being held under a not-guilty by reason of insanity (NGRI) finding in a mental health facility?
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If a defendant files for a sealing of the record, does the victim need to be notified by the prosecutor’s office of the request?
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Is there a requirement to notify victims of arrests? If so, who is responsible to do this?
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Regarding a victim’s right to attend a hearing, is that superior to a defendant’s rights to speedy or fair trial?
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Who is responsible for notifying victims when an offender is released from jail?
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VINE isn't foolproof, would jails that have VINE still be required to notify victims of release or escape by calling the victim?
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Does a notice need to be given to the victim for early termination of probation, if conditions are met and no hearing is scheduled?
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Whose responsibility is it to notify the victim of a probation violation hearing?
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Does a victim have a right to be heard at a probation violation hearing?
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Is failure to pay restitution a probation (community control) violation?
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Does a judge have to order restitution be paid to victims prior to court costs, fines, and fees or is this just assumed? Do courts have discretion over what categories of restitution they order?
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Do insurance companies have right to restitution for money paid to insured/crime victim?
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If an offender is incarcerated, can victims get restitution from money on the offender’s books?
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Is it possible for the courts to deem “full restitution” at a lower amount than the loss that the victim actually accrued or does Marsy’s Law require the actual “Full Amount?”
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Does the right to restitution apply to ongoing cases that were filed before February 5, 2018?
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Is a payment schedule required?
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Are probation officers and parole officers responsible to collect the restitution?
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“I had a judge order restitution for funeral expenses in a homicide, but stayed the order until the defendant is released from prison
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For defendants with large amounts of restitution but little ability to pay what is a reasonable timeline?
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When determining restitution payments, what percentage of a defendant’s monthly income can be ordered to be paid towards restitution?
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Is the Court required to hold a hearing on Restitution if the victim has exercised their rights as a victim through Marsy’s Law?
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What “tools” are prosecutors to provide victims to seek restitution? Are we talking about civil procedures such as garnishment, foreclosure, etc.?
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Are the restitution amounts dischargeable in bankruptcy?
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Is it a “best practice” or a mandate on law enforcement to provide the rights form to victims at the scene?
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Will there be a standard waiver form that can be used and who is publishing it?
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Is the waiver form a public record?
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How will the broader definition effect the Crime Victims Compensation Fund? Will this extend the definition to qualify for the Crime Victims Compensation Program?
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Under this definition of victim is theft now an offense that requires notification? Would you consider a witness to a crime a victim?
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Are corporations or businesses considered victims under Marsy’s Law?
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Does this expand who has the right to give a victim impact statement at sentencing?
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Does Marsy’s Law apply to criminal traffic offenses?
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Is there any difference in any of these rights in Juvenile Court?
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Does restitution for a juvenile end at 21? Juvenile restitution orders? What happens once they turn 18?
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How are victims notified of court proceedings when the defendant is a juvenile? Will Juvenile court be required to notify the victim of the court dates, including the initial appearance?
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Does this mean in Diversion Cases in Juvenile Court must not go to formal court so the victim can be identified?
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In minor misdemeanors cases in juvenile court, no restitution is ordered. What should advocates be telling victims who have a restitution issue when the court can’t order it?
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Can Juvenile courts limit restitution amounts?
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