Legal Question in Criminal Law in Florida

Can a victim in a case take action against the state attorney when they have asked for contact numerous times and each time are told its up to the judge but when in court and the victim asks for contact the state attorneys say they aren't ok with allowing contact.


Asked on 5/19/14, 9:27 am

2 Answers from Attorneys

Eric Trabin Lucid Legal, PLLC

Not really. The victim has a right to be heard but that is not the same as a right to decide what happens on a case. The State Attorney is allowed to indicate to the judge that they prefer no contact even if the victim is present and indicating that they do desire contact.

The prosecutor was somewhat cowardly by failing to be candid with the victim that they would still be requesting no contact, and perhaps even dishonest, and that should be best addressed with their supervisor.

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Answered on 5/19/14, 9:30 am
Joseph Justice The Justice Law Firm

Nope. That State has every right to object to contact (it also makes for a wonderful tool to push the case toward a plea deal). The ultimate decision is up to the Judge and the State simply gets to have input on the decision. These are commonly granted over the objection of the State and the decision many times is made based on the severity of the allegations and the defendant's personal history.

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Answered on 5/19/14, 9:33 am


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