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Guidelines for Victims
The following text is excerpted from a Guide Through Florida's Criminal Justice System. This free pamphlet is available in its entirety by contacting your local MADD Chapter or the MADD Florida State Office.
Guidelines for Victims
After a DUI crash:
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If a blood test was ordered, it will take about 4 - 6 weeks for the test results to come back. Then a "Supplemental Report" will be typed; and you should pick up a copy of this from the investigating Law Enforcement Agency or DMV.
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If you are an injured victim, take color photographs of your injuries.
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Always take color photographs of the damaged car. Notify your insurance company of the crash.
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Obtain a copy of the "Crash Investigation Report." (Please note that the report will not be ready until three days after the crash.) Note: The Homicide Report will only be released after the case has been disposed of by the State Attorney's Office.
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The State Attorney's Office may have nothing to report for several weeks after the crash, especially in a fatality where they will be waiting for the Crash Investigation Report and BAC results.
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In order to get the information you want from the State Attorney's Office, call and ask for misdemeanors (handles simple DUIs) or felony (handles DUIs that have caused death or serious bodily injury).
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Ask to check the status of a case and give the defendant's name and birth date if you have it. When they have pulled the computer file, make sure the case refers to your specific crash.
Then find out:
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The case number assigned to the case
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What formal charges have been filed against the defendant
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What is the next court appearance date
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The name of the Assistant State Attorney, ASA, assigned to this case. Meeting with the Assistant State Attorney is very important because all of the facts he or she has before them are written reports and sometimes rather cryptic, such as "victim suffered serious injuries."
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Does the ASA know how truly serious those injuries are? Does he/she know that the victim faces years of future surgeries and therapy? Does he/she know that the vicitm that was killed left behind family and friends that are devastated? NO! This is why your personal appointment with the ASA is so important.
Points to review when meeting with the Assistant State Attorney:
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Your desire to be kept fully informed of all proceedings in the case.
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Your desire to attend any and all court appearances in the case.
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Your opposition to any form of plea bargain for the purpose of reducing the charges. Ask to be kept informed of any potential plea bargains.
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Any facts you have that would mean additional charges could be filed. For instance, does the driving record show that the defendant caused the crash while driving on a suspended or revoked license? Were there open containers of alcohol or assorted drug paraphernalia in the car? Have friends or acquaintances of the defendant told you that they know where the defendant was drinking prior to the crash?
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Your concern for the public's safety if this person is allowed to go free.
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Talk to the Officer who signed the Crash Investigation Report. It may be difficult to reach him or her as officers are usually out on the road in the performance of their jobs. When you contact the officer, whether over the phone or in person, exchange facts and information.
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If there ws no BAC noted on the report, find out if blood or urine samples were sent to a lab. If you believe the other driver to have been under the inlfuence and the officer did not order testing, you should contact the supervisor for further explanation.
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Ask the officer to be certain that citations were actually written for each offense. Citations may be written several days after the crash, if necessary. This is especially essential in hit-and-run crashes. Frequently the other driver will be caught later or will turn himself in later. Citations such as failure to stay in lane, speeding, etc. may apply.
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If you know of eye witnesses to the crash and they are not noted on the report, you need to find out why. Share with the officer any other facts about the case that could possibly be noted on the Supplemental Report.
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Obtain a copy of the defendant's driving record. You can be assured that the Assistant State Attorney will order the defendant's driving record. We advise that you do this for yourself, too. It will satisfy your need to know just what kind of individual this other driver is and will give you a productive step to take in the case.
Send a letter to:
Department of Highway Safety and Motor Vehicles
Division of Motor Vehicles: Division of Drivers Licenses
Neil Kirkman Building
2900 Apalachee Parkway
Tallahassee, Florida 32399-0500
Customer Service: (850) 922-9000
Cost for 3 years is $2.00 and 7 years is $3.00.
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Check the "Crash Investigation Report" carefully. Is the information describing the crash accurate, in your opinion? Check the report for Blood Alcohol Concentration (BAC). The BAC can be determined by doing a Breath Test, Blood Test, and/or Urine Test.
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If the BAC is not noted and you believe the other driver to have been under the influence of alcohol and/or drugs, you need to find out why the other driver was not tested.
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Does the report show citations (tickets) were actually written for each violation? In one crash there can be several violations, such as: speeding, failure to yield, failure to stay in lane, DUI, running a red light, etc.
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Are any witnesses that you know to be at the scene of the crash listed on the report?
Criminal Justice System
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First Apperance is an arrested person's first formal court hearing for a reading of the charges and a setting of bond within 24 hours of arrest. You can find out if the accused has posted bond by calling Central Booking at the jail. If they have been released, ask how much the bond was or if they were released on their own recognizance (ROR).
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Arraignment is the time the defendant stands before the judge and the charges against him or her are read. The judge then asks, "How do you plead?" If the defendant answers "Guilty" or "No Contest" and if these are misdemeanor charges, there is a very good chance that the judge will sentence the defendant at that time. You have the right to make a statement to the court regarding the sentence.
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If the defendant answers the charges with a plea of "Not Guilty," then a jury trial will be set for a later date.
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It is a good idea for victims and their friends to attend the arraignment. MADD will attend with you if so requested. Please be aware there are many delays in the case before the trial. These delays are called "continuances" and can be caused by either side.
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You may find these delays difficult. Please understand that these delays are normal. MADD is always there to answer any questions and listen to your concerns.
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Pre-trial Motions are oral or written requests made to the judge upon which the judge issues a ruling. They help to define and set the ground rules for the court proceedings. The State Attorney can help you to understand these motions.
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The Jury Trial can last half a day or it can last several days.
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You should attend the jury trial and pack the courtroom with your friends, family, etc. You may also want to contact the media, or we can do that for you.
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Do not wear MADD t-shirts, buttons or show the name MADD in any form in the court room.
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Be quiet in and around the courtroom. Avoid talking about the case in the presence of the jury, the defendant or anywhere in the courthouse where you may be observed or overheard.
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Avoid emotional outbursts in the courtroom. If you feel the need to cry or express anger, it is best to leave the courtroom and find a solitary place to do so and take a friend with you.
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If there is anything said at the trial that you do not understand, write it down and talk to your Assistant State Attorney about it later.
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If you are scheduled to testify in the trial, it is likely that you will not be allowed to sit in on the trial proceedings until after your testimony. During your testimony, you may be cross-examined by the Defense Attorney. It is important for you to listen carefully to his questions and to answer each one directly and objectively.
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The defendant will be "convicted" (found guilty) or will be "acquitted" (found not guilty).
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