Q: I am the victim of aggravated assault. The suspect was arrested and given a court date of May 1. The suspect's roommate says he has a court date of May 1, but I called the Clerk's office, who referred me to the State Attorney's office. The have told me the prosecutor has not yet been assigned. Is the upcoming hearing just for the victim to plead guilty or not guilty, and am I allowed to talk to the prosecutor/district attorney before the court date?
A: Chosen as "Best Answer" by Asker!
Answered . Victims do not plead. Defendants do.
But, in FL, crime victims do have rights, both statutorily and per the State Constitution. As a Florida crime victim you have a 100% right to be present at any and all proceedings and to be heard at some (not at all). You also have the right to compel both the State and the Court to listen to your thoughts and wishes, although they are not necessarily obligated to follow them.
That said I suggest that you call the Clerk of Court and ask them what is set and what it is set for, then you should call the State Attorney's Office, ask to speak to the assigned ASA or witness coordinator and advise as to both your interest level and level of intended participation.
If you are still not satisfied after speaking with the State then you should consider hiring a local criminal defense attorney to serve as your own personal and formal victim's right's advocate. We (criminal defense lawyers) are tenacious advocates and can be quite effective in that capacity.
I hope that I have been helpful in answering your question.
But, in FL, crime victims do have rights, both statutorily and per the State Constitution. As a Florida crime victim you have a 100% right to be present at any and all proceedings and to be heard at some (not at all). You also have the right to compel both the State and the Court to listen to your thoughts and wishes, although they are not necessarily obligated to follow them.
That said I suggest that you call the Clerk of Court and ask them what is set and what it is set for, then you should call the State Attorney's Office, ask to speak to the assigned ASA or witness coordinator and advise as to both your interest level and level of intended participation.
If you are still not satisfied after speaking with the State then you should consider hiring a local criminal defense attorney to serve as your own personal and formal victim's right's advocate. We (criminal defense lawyers) are tenacious advocates and can be quite effective in that capacity.
I hope that I have been helpful in answering your question.
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