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. Continue reading
