For a long time the criminal system gave the accused a long list of constitutional rights and left the victim on the sidelines. Florida’s Marsy’s Law changed that. Adopted by the voters in 2018 as part of Article I, Section 16 of the Florida Constitution, it gives crime victims a set of enforceable constitutional rights that begin at the time of the crime and run through the entire case. It is self-executing, which means it applies on its own, without waiting for the Legislature to act.
Here is the part many folks do not realize: those rights do not enforce themselves, and the prosecutor is not your lawyer. The state attorney represents the State of Florida, and while a good prosecutor will confer with you and weigh your views, the State is the client. A victim’s own attorney exists to assert your rights, speak for you at the moments that matter, and go to the court directly when a right is being ignored. That is the work I do on the victim’s side of a case.
Your Rights Under Marsy’s Law
Marsy’s Law spells out a broad set of rights for victims. These are the ones that most often shape what happens in a case.
| Right | What it means for you |
|---|---|
| Notice and presence | Reasonable, accurate, and timely notice of, and the right to be present at, public proceedings, plus notice of any release or escape of the accused |
| To be heard | The right to be heard at release, plea, sentencing, and other proceedings where your rights are involved |
| To confer | The right to confer with the prosecutor about a plea, diversion, release, restitution, or any other disposition |
| Protection | The right to be reasonably protected from the accused, and to have your safety considered when bail and release conditions are set |
| Privacy | The right to prevent disclosure of information or records that could be used to locate or harass you, or that is confidential or privileged |
| Restitution | The right to full and timely restitution from each convicted offender for losses caused by the crime |
| A prompt conclusion | The right to proceedings free from unreasonable delay and to a prompt and final conclusion of the case |
Marsy’s Law also gives you the right to be informed of these rights, and to be told that you may seek the advice of an attorney.
I spent the early part of my career as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, and I have been a trial lawyer in criminal courtrooms ever since. That is exactly why I am effective on the victim’s side of a case: I know how the defense thinks, how these cases move, and where a victim’s rights tend to get overlooked, so I can assert them early and enforce them when they are ignored. I do not represent a victim and a defendant in the same matter, and where a conflict exists I will say so. Learn more about my background.
The Prosecutor Is Not Your Lawyer
This is the single most important thing to understand. The state attorney prosecutes the case on behalf of the State of Florida. You are a witness and a participant with rights, but you are not the prosecutor’s client, and there are moments where what is best for the State’s case and what is best for you are not the same thing. A plea offer the prosecutor is ready to accept, a continuance that drags the case out, a restitution figure that falls short, or a decision made without consulting you can all happen even when a prosecutor is acting in good faith.
Marsy’s Law anticipates exactly this. The constitution provides that the victim, the victim’s retained attorney, or a lawful representative may assert and seek enforcement of these rights in any trial or appellate court, as a matter of right, and that the court must act promptly and provide a remedy. Having your own attorney means someone in the courtroom whose only job is you.
What a Victim’s Attorney Does
Representing a victim is active work, not a formality. Across a case it usually includes making sure you receive notice and are present and heard at the hearings that matter, conferring with the prosecutor and pressing your position on a plea or sentence, preparing and presenting your victim impact statement, pursuing full restitution and the documentation to support it, protecting your privacy and responding to defense requests for interviews or depositions, and, when a right is overlooked, raising it with the court by motion so that it is honored.
Because Marsy’s Law applies from the time of victimization, the earlier counsel is involved, the more can be done, from the first bond hearing forward. Waiting until sentencing often means rights have already slipped by.
Restitution and the Victim Impact Statement
Two of the most concrete things a victim’s attorney handles are restitution and the victim impact statement. Marsy’s Law guarantees full and timely restitution from each convicted offender for the losses the crime caused, and notably that right is not tied to the offender’s ability to pay. Getting it right means documenting every loss and making sure the restitution order truly reflects what you are owed, rather than a rushed or incomplete figure.
The victim impact statement is your voice at sentencing. You have the right to provide information about how the crime affected you and your family, both to the court and to the person preparing any presentence investigation, and to have it considered. A statement that is prepared with care, and delivered at the right moment, can truly shape an outcome, and preparing it is part of what I do for the people I represent.
One more point for crash victims: if the crime was a collision caused by a drunk driver, restitution is only part of the picture. You may also have a separate civil injury claim against the driver and the insurer, which is broader than criminal restitution and which I handle as well, as explained on the drunk-driving crash victims page.
Privacy and Protection
Marsy’s Law gives victims the right to prevent the disclosure of information or records that could be used to locate or harass them or their families, or that is confidential or privileged. That said, it is not a blanket cloak of anonymity. In City of Tallahassee v. Florida Police Benevolent Association, 375 So. 3d 178 (Fla. 2023), the Florida Supreme Court held that Marsy’s Law does not give any victim a categorical right to withhold their name from disclosure. What can be protected, and how, is fact-specific, and it is one of the areas where having counsel who knows the current law matters most.
Protection is the other half. You have the right to be reasonably protected from the accused, to have your safety considered when release conditions are set, and to decline a defense interview. Florida law also limits when and how the defense may depose certain victims, with particular protections for child victims of sexual offenses, where a court must first decide whether a deposition is even appropriate and on what conditions. You do not have to face a defense lawyer’s request on your own.
How I Represent Victims
My approach starts early and stays practical. I make sure you are notified, present, and heard; I confer with the prosecutor and advocate your position rather than leaving it to chance; I build the restitution claim and the impact statement with real care; and I protect your privacy and handle defense requests so you are not put on the spot. When a right is ignored, I raise it with the court directly, which is what Marsy’s Law allows. My years on the defense side are an asset here, because I know how the other side works and where a victim’s rights are most likely to be lost.
When the crime is also a civil case
Some crimes leave you with injuries and bills, not just a case in the criminal courts, and recovering for that harm is its own fight. I am also a personal injury lawyer, so I can pursue the person who hurt you, and the insurance behind them, for your medical care, your lost income, and the harm itself. If a drunk driver hurt you, or if you were attacked because a property owner ignored clear security risks, I handle that civil claim alongside your rights as a victim, so the two work together rather than separately.
Seeking an Injunction for Protection
If someone has hurt you, threatened you, stalked you, or made you afraid, you can ask a court for a protective injunction, and I represent petitioners through that process. I prepare the petition, build the evidence, and stand with you at the hearing. For the full walkthrough, see my guide on how to get an injunction for protection in Florida.
Common Questions
Do I need my own lawyer if the prosecutor is handling the case?
The prosecutor represents the State, not you. The prosecutor can confer with you and consider your views, but the State is the client, and your interests and the State's do not always line up. A victim's own attorney exists to assert and enforce your rights directly, which Marsy's Law expressly allows.
What rights do I have as a crime victim in Florida?
Under Marsy's Law you have the right to notice of and to be present at proceedings, to be heard at things like release, plea, and sentencing, to confer with the prosecutor, to be reasonably protected from the accused, to privacy, to full and timely restitution, and to a prompt conclusion of the case. You also have the right to be told you may hire an attorney.
Can a victim's lawyer really enforce these rights?
Yes. The Florida Constitution says the victim, the victim's retained attorney, or a lawful representative may assert and seek enforcement of these rights in any trial or appellate court, as a matter of right, and the court must act promptly and provide a remedy. When a right is ignored, that enforcement power is the point of having your own counsel.
Does Marsy's Law keep my name and information private?
It protects information or records that could be used to locate or harass you or your family, or that is confidential or privileged. It is not a blanket right to anonymity, though: the Florida Supreme Court held in 2023 that Marsy's Law does not give a victim a categorical right to withhold their name. What can and cannot be shielded is fact-specific, which is part of what counsel helps with.
Do I have to talk to the defense attorney or sit for a deposition?
Florida law gives a victim the right to decline a defense interview, and to have conditions placed on a deposition in certain cases, with special protections for child victims of sexual offenses. You do not have to navigate a defense lawyer's request alone, and having your own attorney respond is often the difference.
Related: About Rory Safir, Drunk-driving crash victims, and The firm’s criminal defense practice.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Crime victims’ rights in Florida come from Article I, Section 16 of the Florida Constitution, known as Marsy’s Law, and from Chapter 960, Florida Statutes, and the law can change and is still being interpreted by the courts, so it should be confirmed against the current constitution, statutes, and case law. Representing a victim is separate from prosecuting the case, which remains the role of the state attorney. Every case is different, and past results do not guarantee a similar outcome.
