Fort Lauderdale Criminal Attorney Blog
Most people first hear the words “Marsy’s Law” from the side of a victim. The headlines, the campaign ads, and the rights forms all speak to people who have allegedly been harmed by violent crime. Far fewer people understand what Marsy’s Law means from the vantage point of the accused. For anyone facing charges in South Florida, that gap is worth closing early, ideally with help from an experienced Fort Lauderdale criminal defense attorney.
What Marsy’s Law Actually Is
Florida voters approved Marsy’s Law in November 2018 as Amendment 6. It took effect in January 2019 and now lives in Article I, Section 16 of the Florida Constitution, a section pointedly titled “Rights of accused and of victims.” Its companion statute, Section 960.001 of the Florida Statutes, fills in much of the day-to-day detail.
The law hands crime victims a broad set of enforceable rights. A victim can be notified of court dates, be present at hearings, be heard on bond and plea and sentencing, confer with the prosecutor, seek restitution, and keep certain identifying information private. These rights are self-executing, which means a victim can assert them in court without waiting on the Legislature to act.
Why It Matters to a Defendant
Here is the part that often surprises people: The earlier version of this constitutional section said victims’ rights applied only so far as they did not interfere with the constitutional rights of the accused. Marsy’s Law removed that language. The protections for the accused did not vanish. Due process, the presumption of innocence, and the right to confront witnesses all remain. But the explicit tiebreaker that once favored the accused is gone, and that shift plays out in real cases.
In practice, a victim may invoke privacy protections that limit a defendant’s access to contact information and certain records. That can complicate the basic work of a defense: locating witnesses, investigating the story, and preparing for deposition. A victim also has a seat at the moments that shape an outcome, from the first bond hearing through plea talks and sentencing. A defendant who ignores that influence is fighting only half the case.
Limits Worth Knowing
Marsy’s Law is powerful, but it is not unlimited. The Florida Constitution is clear on one point that often gets lost: the accused is not a victim under this law. A person who is charged cannot turn these victim rights against the State on his or her own behalf.
The privacy provisions also have real edges. In late 2023, the Florida Supreme Court held that Marsy’s Law does not give any victim a blanket right to hide his or her name. The amendment protects information that could be used to locate or harass a victim, and a name standing alone does not automatically qualify. For the defense, that distinction can matter a great deal when the State tries to keep too much in the dark.
Where a Fort Lauderdale Criminal Defense Attorney Comes In
Marsy’s Law did not erase the rights of the accused, but it did change the playing field. Knowing how to work within it is now part of mounting any serious defense. That means pressing for the discovery the law still allows, challenging privacy claims that reach too far, and respecting the victim’s role while protecting the client’s constitutional ground.
An experienced Fort Lauderdale criminal defense attorney can explain exactly how these rules affect a specific charge and build a strategy that keeps a defendant’s rights front and center. Anyone facing charges should seek that guidance early, before a single hearing shapes the road ahead.
Call Fort Lauderdale Criminal Defense Attorney Richard Ansara at (954) 761-4011. Serving Broward County.
More Blog Entries:
The “Must-Arrest” Reality: What Happens Immediately After a Florida Domestic Violence Call, May 24, 2026, Fort Lauderdale Domestic Violence Defense Lawyer Blog
