If you’ve been arrested for domestic battery or charged with battery on a law enforcement officer (LEO) in Florida, you may hear about something called Marsy’s Law during your case. While this law was created to protect the rights of crime victims, it can also create serious challenges for anyone facing criminal charges—especially in emotionally charged or high-profile cases.
In our practice, we help clients understand how Marsy’s Law affects their rights and how to navigate the challenges it can create, while protecting their legal interests at every stage of the case.
What Is Marsy’s Law in Florida?
Marsy’s Law became part of the Florida Constitution in 2019. It provides people who claim to be victims of a crime with certain constitutional rights, including:
- The right to privacy (such as withholding their name and contact information from public records),
- The right to be notified of court hearings,
- The right to be present and heard at key hearings (including bond, plea, and sentencing),
- And the right to participate in the prosecution process.
These rights are often invoked in domestic violence and battery on a law enforcement officer cases, where the alleged victim may want privacy or influence the outcome of the case. But for defendants, Marsy’s Law can make it more difficult to access key evidence or investigate the facts.
How Marsy’s Law Affects Your Criminal Defense Case
1. The Alleged Victim Can’t Drop Charges
One of the most common questions we get is: “Can the victim drop the charges?” The answer is no. In Florida, only the State Attorney has the authority to file or dismiss criminal charges—even in domestic battery cases where the alleged victim doesn’t want to move forward. Prosecutors may pursue the case anyway, especially if they believe they have enough evidence without the victim’s cooperation.
2. Limited Access to Evidence and Witnesses
Marsy’s Law gives victims the right to protect their identity. This can result in redacted police reports, withheld contact information, and delays in receiving full discovery. This makes it more difficult for your defense attorney to:
- Interview witnesses,
- Investigate the accuser’s credibility,
- Or build a full picture of what actually happened.
In battery on a law enforcement officer (LEO) cases, officers are increasingly using Marsy’s Law to keep their names and badge numbers confidential. This can make it harder to challenge the officer’s conduct, obtain their disciplinary records, or even file a subpoena.
3. Victims May Speak at Hearings
Marsy’s Law allows victims to speak at hearings where bond, plea agreements, or sentencing is discussed. Their statements may influence:
- Whether the judge sets a higher bond or imposes a no-contact order,
- Whether the State Attorney offers a plea deal, and
- How the court views your role in the incident—even before trial.
Even in cases where the alleged victim wants to reconcile or doesn’t support the prosecution, the court may still take a more cautious approach based on their statements.
Your Rights Still Matter
Even though Marsy’s Law gives victims a voice, it does not override your constitutional rights. You still have the right to:
- Know the evidence being used against you,
- Confront your accuser in court,
- Receive a fair and impartial trial.
In our practice, we take these rights seriously. We fight to ensure Marsy’s Law is not used in a way that unfairly limits your defense. That includes filing motions to unseal redacted information, challenging improper evidence, and holding the prosecution to their legal obligations.
We Know How to Defend You
If you’re facing domestic violence charges, battery on a law enforcement officer, or any charge where Marsy’s Law may come into play, you need a defense attorney who understands how this law works—and how to push back when it’s used improperly.
In our practice, we have extensive experience with:
- Domestic battery defense in Florida
- Battery on LEO cases
- Pretrial motions to compel discovery or unseal records
- Strategic defense planning from arrest through trial
