Criminal and Civil Victim Representation Attorney in Miami, Florida

Weeks after you gave your statement to the police, you may have heard about a plea offer secondhand or received a hearing notice with no explanation of what would happen there or whether you should attend. Prosecutors in Miami represent the State of Florida, not you.  

At Frank J. Gaviria, P.A., we represent crime victims in Miami and throughout South Florida, protecting their rights in criminal cases and pursuing civil claims against those responsible for the harm. 

Our attorney, Frank J. Gaviria, will advocate for your rights in court and pursue compensation for the costs of the crime. Call us to discuss where your case stands and what options remain. 

Making Sure the Court Hears From You in a Florida Case 

We assert your rights under the Florida Constitution so that you are heard before the judge makes key decisions. Since voters adopted Marsy’s Law in 2018, Article I, Section 16 of the Florida Constitution has given victims enforceable rights in criminal proceedings. We may assert and seek enforcement of those rights. 

These rights include being informed of, attending, and being heard at public proceedings involving: 

• A defendant’s pretrial release 

• A plea agreement 

• Sentencing 

Marsy’s Law also gives you a right to confer with the prosecutor. In practice, these moments can pass quickly. A bond hearing may happen within days of an arrest, and a plea may be finalized before a victim learns it was offered.  

We track the docket, raise your position with the State Attorney’s Office, help you prepare a victim impact statement, and object on the record when your rights are overlooked. 

Representing You When the Case Is Federal 

When a federal prosecutor brings charges, we invoke the Crime Victims’ Rights Act on your behalf.  

This federal law gives victims a reasonable right to confer with the government’s attorney, be reasonably heard at release, plea, and sentencing proceedings, and be informed in a timely manner of any plea bargain or deferred prosecution agreement. 

Federal cases move under their own rules and timelines, and they often involve fraud, financial crimes, or offenses that cross state lines. If a district court denies a victim’s rights, the statute allows the victim to seek review from the court of appeals.  

Because we handle matters in federal courts nationwide, we can stand with you whether the case is in Miami or another district.

Pursuing Full Restitution at Sentencing 

We document your losses before sentencing so that the restitution order reflects what the crime actually cost you. Under Florida law, a court must generally order a convicted defendant to pay restitution for damage or loss the offense caused unless it finds clear and compelling reasons not to. In federal court, restitution is mandatory for many offenses, including crimes of violence and property offenses such as fraud. 

A restitution figure is only as strong as the proof behind it. We gather medical bills, repair estimates, bank records, and proof of lost income, then present them to the prosecutor and the court. Our years in criminal courtrooms help us anticipate how the defense will challenge those numbers.  

A Florida restitution order does not prevent a later civil lawsuit, although amounts paid as restitution are credited against any civil recovery. 

Filing Civil Claims Against Those Responsible 

We file civil lawsuits that seek compensation directly from the person who harmed you and, where the facts support it, from others whose negligence allowed the crime to happen.  

A civil case uses a lower standard of proof than a criminal prosecution. You may be able to recover damages even if the criminal case ends in an acquittal, a dismissal, or no charges at all. 

Civil claims have strict filing deadlines. In Florida, intentional torts such as assault and battery generally must be filed within four years. Most negligence claims that arose on or after March 24, 2023, must be filed within two years.  

Some claims, including certain claims involving sexual abuse of minors, follow different rules. We review the timeline at the outset so a deadline does not quietly close off your options. 

We may also advise you on Florida’s Crimes Compensation Act, administered by the Attorney General’s Division of Victim Services. For crimes occurring on or after October 1, 2019, claims generally must be filed within three years. Eligibility depends on factors such as reporting the crime and cooperating with law enforcement. 

What to Expect When You Contact Us 

From the first conversation, we focus on where your matter stands today. We review the police report, court filings, and any notices you have received. We then identify upcoming hearings and explain which rights apply at each stage. 

Keep anything connected to the crime: photographs, text messages, medical records, and receipts for out-of-pocket expenses. We use this material in the criminal case and in any civil claim. We communicate with prosecutors and opposing counsel for you, so you are not left fielding calls alone. 

Criminal and Civil Victim Representation Attorney in Miami, Florida 

A criminal case can move forward without the person most affected by it. At Frank J. Gaviria, P.A., we give victims in Miami and across South Florida a voice at plea and sentencing hearings, a documented case for restitution, and a path to civil recovery.  

In federal matters, we represent victims nationwide. For more than 30 years, our attorney, Frank J. Gaviria, has handled serious criminal cases in state criminal courts and in federal courts throughout the United States.  

He has spent that time defending individuals accused of serious crimes, so he knows how defense strategies are built, how plea negotiations unfold, and how a victim’s account is likely to be tested. 

We bring that experience to victims. Knowing how the other side prepares helps us anticipate sentencing arguments, spot weaknesses in a proposed plea, and present your losses in a way the court takes seriously. Mr. Gaviria’s approach centers on thorough preparation and direct, effective advocacy at every stage. 

If you need criminal and civil victim representation in Miami, contact our office to discuss your case.