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Blog · April 20, 2015

What should a crime victim do when a case is going to court? ~ “Best Answer” on AVVO.com ~ Call Michael A. Haber, Esq. ~ 1-888-SHARK-8-1

Q:     I am the victim of aggravated assault. The suspect was arrested and given a court date of May 1.  The suspect’s roommate says he has a court date of May 1, but I called the Clerk’s office, who referred me to the State Attorney’s office. The have told me the prosecutor has not yet been assigned. Is the upcoming hearing just for the victim to plead guilty or not guilty, and am I allowed to talk to the prosecutor/district attorney before the court date?

A:      Chosen as “Best Answer” by Asker!
Locally licensed lawyer

For questions involving state laws, lawyers who are licensed in the same state as the asker are often able to provide more relevant answers than out-of-state lawyers.

For questions involving federal laws (e.g., immigration or patents), this distinction is unimportant.

” href=”http://www.avvo.com/legal-answers/i-am-the-victim-of-aggravated-assault—the-suspec-2150202.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; border-bottom-color: rgb(118, 123, 124); border-bottom-style: dotted; border-bottom-width: 1px; border-top-color: rgb(118, 123, 124); border-top-style: dotted; border-top-width: 1px; color: #767b7c; display: inline-block; font-size: 11px; line-height: 1.2em; text-decoration: none; transition: all 0.3s ease;”>Licensed in FL

3 lawyers agreed with this answer

Dennis Michael Phillips
Dennis Michael Phillips
Car / Auto Accident Lawyer – Fort Lauderdale, FL
Scott Evan Reiter
Scott Evan Reiter
Criminal Defense Attorney – West Palm Beach, FL
Robert Jason De Groot
Robert Jason De Groot
Criminal Defense Attorney – Deltona, FL

” href=”http://www.avvo.com/legal-answers/i-am-the-victim-of-aggravated-assault—the-suspec-2150202.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>3

Lawyers agree
Best Answer
chosen by asker
Answered . Victims do not plead. Defendants do.

But, in FL, crime victims do have rights, both statutorily and per the State Constitution.  As a Florida crime victim you have a 100% right to be present at any and all proceedings and to be heard at some (not at all). You also have the right to compel both the State and the Court to listen to your thoughts and wishes, although they are not necessarily obligated to follow them.

That said I suggest that you call the Clerk of Court and ask them what is set and what it is set for, then you should call the State Attorney’s Office, ask to speak to the assigned ASA or witness coordinator and advise as to both your interest level and level of intended participation.

If you are still not satisfied after speaking with the State then you should consider hiring a local criminal defense attorney to serve as your own personal and formal victim’s right’s advocate.  We (criminal defense lawyers) are tenacious advocates and can be quite effective in that capacity.

I hope that I have been helpful in answering your question.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  


At Michael A. Haber, P.A. “Its all about reasonable doubt”!
Michael A. Haber, Esq. is prepared to speak with you about your case!
Cell: 305-798-2220; Toll Free: 1-888-SHARK-8-1



THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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