Judge Sentences McDowell to Death for Murder of Dep. Joshua Moyers
Victim Resources
Information for Victims
Assertion of Crime Victims’ Rights
Pursuant to Florida Statutes and Marsy’s Law, there are certain rights that victims are entitled to automatically that do not need to be affirmatively asserted. There are other rights that a victim must affirmatively assert in order to obtain the rights.
If you are a victim of a crime, or the lawful representative of a victim, including the next of kin of a homicide victim, you may use the attached form to affirmatively assert victims’ rights that are not automatic.
Statement of Crime Victims’ Rights Web Form
We're here for you
The State Attorney’s Office recognizes that this may be a difficult and confusing time for you. Our victim advocate staff is available to help you through the criminal justice system by offering you information about services such as counseling, crime victim’s compensation, restitution, or any other information concerning your case.
What does Florida Law provide for victims?
Florida law provides guidelines for the fair treatment of victims and witnesses in the criminal justice and juvenile justice systems. It authorizes a direct-support organization to assist victims of crime.
Florida Crime Victims’ Bill of Rights - Florida Statute 960
Crime victims or their lawful representatives, including the next of kin of homicide victims, are entitled to the right to be informed, to be present, and to be heard when relevant, at all crucial stages of criminal proceedings, to the extent that these rights do not interfere with the constitutional rights of the accused.
State Attorney’s Office Victim Crime Report Referral Card
If you are a crime victim and a law enforcement officer has provided you a State Attorney’s Office Referral Card, please print the downloadable form below and mail or deliver it to the office within five business days. Please include any other documentation. An Assistant State Attorney will review the provided information, as well as relevant reports by law enforcement officers. The State Attorney’s Office may contact you or witnesses for additional information.
Download the form:
Referral Card Form
Guide to the Criminal Justice System
The criminal justice process is set into motion when a crime is committed, and law enforcement is contacted. As a victim/witness, your role is crucial. A law enforcement officer will question you about the identity of the suspect, details of the crime, the location of the crime scene, etc. Your cooperation is critical. Failure to provide complete information may result in the State Attorney’s Office being unable to prosecute the case.
A Crime is Committed
Arrest: Once a criminal complaint is made, law enforcement must establish sufficient probable cause in order to make an arrest. After the arrest, a judge reviews the arrest report to determine if probable cause exists.
First Appearance: The defendant will appear in court within 24 hours after an arrest. Bond and other special conditions are determined at the first appearance.
Filing Decision: The State Attorney’s Office may file formal charges.
Arraignment: The accused is formally charged and enters a plea of guilty, not guilty, or no contest at the arraignment.
Pretrial Hearings: Several hearings may be held before a trial and, if the defendant does not enter a plea of guilty, trial is set.
Plea Negotiations: Prior to trial, a defendant may agree to plea.
Continuances: The case may be continued or postponed.
Trial Preparation: The prosecutor and/or defense attorney will interview witnesses and/or victim(s).
Sentencing: If the defendant is found guilty, the judge reviews sentencing guidelines, plea agreements, etc. and determines what type of sentence the defendant should receive.
Juvenile Offenders
If you would like more information about juvenile justice in the Fourth Circuit, please click here.
Post-Arrest Release: Many juveniles who are arrested are released to a parent and/or guardian and given a return court date.
Adjudicatory Hearing: A prosecutor will present evidence to either the judge or jury concerning the case at this hearing.
Detention Hearing: The child is placed in secure detention due to offense or prior record and is not released to a parent and/or guardian.
Types of Juvenile Detention:
- Home Detention: Sent home with parent under supervision of the Department of Juvenile Justice
- Secure Detention: Held in locked facility called the Detention Center
- Released: Juvenile defendant is released to parent or guardian without supervision
Types of Juvenile Dispositions:
- Judicial Sanction: The judge may order the juvenile to perform community service hours, write a letter of apology, and/or pay court costs.
- Probation: The juvenile will be given rules to follow and tasks to complete (which may include restitution) and will be supervised by the Department of Juvenile Justice.
- Commitment: The juvenile is placed by the court in a treatment program.
Other Important Information
Subpoena: You may receive a subpoena requiring you to be present at a certain time and place. If you do not appear, the court could charge you with contempt of court resulting in a fine or jail sentence. If you have any questions regarding a subpoena, contact the State Attorney’s Office.
Injunction for Protection: Injunction for Protection or Restraining Orders are issued as a result of domestic, repeat, dating, or sexual violence. You will need to contact the Clerk of Court’s Office or the Center for Prevention of Domestic Violence to see if it is possible to pursue an injunction.
Victim Impact Statement: This is a statement made either verbally or in writing to the court before a sentence is imposed. In the statement, you have the right to describe the effect the crime has had on you and/or your family emotionally, physically, and financially.
Victim Compensation: The Office of the Attorney General has a program that compensates eligible victims of crime for certain crime-related expenses such as medical bills, counseling expenses, and lost wages. The program may also assist with funeral related expenses and loss of support for homicide survivors.
Restitution: The court may order restitution for certain losses you have suffered. This is done once a sentence is imposed. If you desire restitution, itemize and document your losses and provide it to the Assistant State Attorney as soon as possible. If you have questions about what constitutes damages, call your Victim Advocate. Your Assistant State Attorney will ask the court to order restitution, if appropriate, but the court must issue the order. Legally, the defendant cannot be compelled to pay if he or she is financially unable. However, if he or she obtains employment while incarcerated, the Department of Corrections (DOC) has the authority to order restitution. You have the right as a victim of a crime to contact the DOC to determine the employment status of an inmate. If the defendant is ordered to pay restitution as a part of probation, the probation officer will set up a schedule for payments and, upon receipt of payment, will forward them to the Clerk of Court. The clerk will then distribute payments to victims.
The criminal justice system can be difficult to understand. Please reference these visual guides to help navigate these specific segments of case proceedings specific to Florida and the SAO4.
Victim Services FAQ
What is a Victim Advocate?
A Victim Advocate in the State Attorney’s Office is a specialized victim and/or witness counselor who acts as a liaison between our office and victims of crime and their families. Victim advocates will help guide you through the criminal justice process, answer questions, and refer you to resources.
When will I have an opportunity to speak with the attorney/prosecutor about my case?
You have the right as a crime victim to speak with the prosecutor about your case. However, you may need to speak with your assigned victim advocate first to review preliminary questions.
Why was the case continued to another court date?
There are many possible reasons, and most are a normal part of the criminal justice process. There are also automated court event notification systems that your victim advocate can discuss with you if you wish to be notified of future court events.
Do I have to attend court hearings? What happens if I get a subpoena?
As a crime victim, you always have the right to attend any public court hearing, but your attendance is not mandatory. However, you must attend court if you are served a subpoena (legal summons) to appear. Failing to appear could have consequences related to contempt of court, including fines or arrest.
Can I watch a court proceeding at which I must testify?
Yes, unless the court determines otherwise. A victim has the right to not be excluded from any portion of a hearing, trial, or other proceeding pertaining to the case based solely upon the fact that they are subpoenaed to testify. However, caution is urged as hearings can be retraumatizing for victims.
Do I need an attorney?
We cannot offer legal advice as to this matter. Florida Statutes include a right for victims to employ private counsel. Victim advocates can refer victims to local legal resources (upon request) for any civil or dependency questions they may have.
Do I have to testify in court?
This depends on how the case resolves. Generally, you would only need to provide testimony in court if the case was to resolve with a trial. If you have any additional questions, please contact your victim advocate.
What is a deposition?
A deposition is a mandatory meeting (you are served a subpoena) where the defendant’s attorney can ask you questions about the case that are under oath and recorded for posterity. The prosecutor would also attend, as would the victim advocate (the defendant would not be there).
What is Marsy's Law?
In November 2018, Florida voters approved Amendment 6, also known as Marsy's Law, which adds specific rights for crime victims to Florida's Constitution. The law took effect in 2019. Learn more about Marsy's Law here.
What if I don’t support prosecution (want to “drop charges”)?
While you have the right not to support prosecution, the decision to file or dismiss charges against the defendant rests with the State of Florida in criminal cases. Whether or not you support prosecution, the prosecutor will want to speak with you and hear any concerns or input you have.
What is Jackets for Justice?
Your victim advocate can help you access our clothing closets, called "Jackets for Justice", to find clothing to wear to court during your case. The clothing you choose is yours to keep.
Victim Services Internship Program
The Victim Services Department is seeking passionate and empathetic students for its internship program. This instruction is designed to provide interns with tools and insight to serve crime victims at the SAO4. Once trained, interns will have numerous opportunities to help make a difference. For more information, please visit the internships page.
Additional Resources
Jacksonville Mayor’s Victim Assistance Advisory Council (VAAC): Victim Assistance Advisory Council
Office of the Attorney General: My Florida Legal
Florida Department of Corrections Victim Assistance Office: Victim Assistance Office
National Crime Victim Service Center: National Crime Victim Service Center