Punta Gorda Marsy’s Law Attorneys
Upholding Victim’s Rights Under Marsy’s Law
Being the victim of any crime can be a harrowing experience. At Bogle Law, our Punta Gorda Marsy’s Law lawyers are passionate about upholding victim’s rights. If you or a loved one have been the victim of a crime and would like to discuss your legal options and rights under Marsy’s Law, please do not hesitate to reach out to our firm for a consultation.
What Does Marsy’s Law Do?
Marsy’s Law was first passed in California in 2008 and now protects victims in a growing number of states nationwide. The law was put into place to give crime victims enforceable constitutional rights equal to the rights of those who are accused of criminal activity.
While the rights granted by Marsy’s Law may vary from state to state, the rights to which victims are generally entitled under the law include:
- The right to be notified of their rights as a victim of crime.
- The right to reasonable and timely notice of public proceedings throughout the criminal justice process.
- The right to be present and heard during those proceedings, especially those that involve release, plea, sentencing, disposition, or parole.
- The right to restitution, reasonable protection, and to refuse interviews, depositions, and discovery requests.
- The right to confer with the prosecutor.
- The right to full and timely restitution from the offender.
- The right to reasonable notice of escape or release of the accused.
- The right to be treated with fairness, dignity, and respect throughout criminal justice proceedings.
About Marsy’s Law
Marsy’s Law is named after Marsalee “Marsy” Ann Nicholas, a woman who was tragically stalked and killed by an ex-boyfriend in 1983 when she was only 21 years old. At the time she was a college student at the University of California at Santa Barbara (UCSB) with a bright future hoping to become a special education teacher. Her family was devastated by the loss.
Shortly after Marsy’s death, while heading home from her funeral, her parents stopped to purchase some bread. It was here that they encountered the man who had killed their daughter. He had been released from jail on bail two days prior and the family had no idea. Seeing him walk freely just after burying their daughter was traumatizing and had a profound effect on the family. It wasn’t until two years for Marsy’s murderer to finally be brought to justice.
Years later, in 2008, Marsy’s Law was first passed in California due to the efforts of Marsy’s brother, Dr. Henry T. Nicholas III, bringing the bill to the California legislature. It now protects victims and their families in over a dozen U.S. states. By providing victims with the rights introduced by the law, Marsy’s family has helped ensure that other victims won’t have to experience the same trauma they did.
Standing Up for Victims Since 2007
At Bogle Law, we believe that victims of crimes should have just as many rights as those who are accused because everyone deserves equal treatment under the law. Marsy’s Law is a somewhat complicated piece of legislature because, while well-intentioned and important, it can be vague. It also assumes one party is a “victim” before the party accused of an alleged crime has even been proven guilty, essentially turning due process on its head. We can help you to understand and navigate the complexities of this law while fighting to protect your legal rights.