What Is Marsy’s Law? Florida Victim Rights Explained
Back in 2018, Florida voters amended the state constitution through what we now call Marsy’s Law. The criminal justice system here has always put defendants’ rights front and center, because that’s exactly what the Constitution requires. Marsy’s Law didn’t take any of those rights away from defendants — but it did tip the scale a bit by giving crime victims their own set of enforceable constitutional protections for the first time.
The law breaks down into two distinct categories. The first is a victims’ bill of rights that applies automatically. The second is a set of additional rights victims must actively request.
Are You a Crime Victim Trying to Understand Your Rights?
Marsy’s Law gives you real, enforceable rights in Florida — but you have to know what to ask for. Call John Guidry at (407) 423-1117 and we can help you understand what you’re entitled to.
The Automatic Bill of Rights
Under Article I, Section 16 of the Florida Constitution, every crime victim in Florida now holds a set of rights that apply automatically, without any formal request. These are the core protections Marsy’s Law built directly into the state constitution.
First, victims have the right to due process and to receive fair and respectful treatment throughout the proceedings. Second, the law gives victims the right to reasonable protection from the accused and anyone acting on the accused’s behalf. Third — and this one matters significantly at the bond hearing stage — judges must consider the victim’s safety and the safety of their family when setting bail and pretrial release conditions. Fourth, victims have the right to prevent disclosure of information that anyone could use to locate or harass them.
That fourth right has been an active area of litigation. The Florida Supreme Court struck down portions of the law’s identity protection provisions, ruling that some applications conflicted with defendants’ constitutional right to confront their accusers and the public’s right to inspect public records. In March 2026, the Florida Legislature passed new legislation to partially restore those protections, keeping identifying information confidential indefinitely but stopping short of allowing it to shield names in open court proceedings. This area of the law continues to develop, so anyone seeking to enforce identity protections under Marsy’s Law should consult an attorney to understand the current state of the law.
The Rights Victims Must Request
The second tier of Marsy’s Law rights doesn’t activate automatically. Victims have to ask for them. These on-request rights include notification of all proceedings in the case — hearings, plea negotiations, sentencing, every step — as well as the right to speak directly with the prosecutor handling the case regarding those proceedings.
That second right surprises a lot of people. Under Marsy’s Law, a crime victim can compel the prosecutor to speak with them about the case. That right belongs to the victim, and it’s enforceable. If a prosecutor isn’t communicating, a victim can push back through formal channels.
How a Defense Attorney Fits Into This Picture
Here’s the part most people don’t expect: defense attorneys like me actually file the notice that triggers some of these rights on a victim’s behalf. When a victim wants to invoke their Marsy’s Law rights formally, we file a notice with the court, and that sets the applicable processes in motion. The process looks different depending on which rights a victim wants to activate and at what stage of the case they’re intervening.
If you’re a victim of a crime trying to understand what Marsy’s Law means for your specific situation, our office can help you figure out exactly what you’re entitled to and how to go about enforcing it.
If You Want More Related Content
Check out our more videos and breakdown articles covering major updates in Florida defense law. You can also use the links below to stay informed. Learn how to protect your constitutional rights when dealing with law enforcement.
Watch: https://youtu.be/id8H20yyOk
John’s Takeaways
- Marsy’s Law added a victims’ bill of rights to the Florida Constitution in 2018, giving crime victims constitutional standing for the first time alongside the rights already held by defendants.
- Automatic rights include fair treatment, reasonable protection from the accused, safety considerations at bond hearings, and identity privacy protections.
- Identity protections have been in active litigation. The Florida Supreme Court struck down portions, and the Legislature passed new legislation in March 2026 to partially restore them — consult an attorney for the current state of the law.
- On-request rights include notification of all proceedings and the right to meet with and speak to the prosecutor handling the case.
- A defense attorney can file the notice that triggers these rights. If you’re a victim who wants to enforce Marsy’s Law protections, our office can help you understand what you’re entitled to and how to ask for it.
Are You a Victim Trying to Enforce Your Rights? Call Us.
I’ve been helping people navigate Florida’s criminal justice system from every angle since 1993 — defendants and victims alike. I represent clients across Orange, Seminole, Osceola, Lake, Brevard, and Volusia County.
If you’re a crime victim and you’re not sure what Marsy’s Law means for your situation, give my office a call. I wish you luck on your situation, and we’ll take good care of you.
John Guidry — (407) 423-1117
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 33 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
John Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.