Which court has Jxn?
FL Supreme Court
What is an Arrest Warrant? What is included in it?
Writing, that sets out the charges in writing. names the accused, will be signed and dated, designate the county and be endorsed with a bail amount.
whats the difference between an indictment and an information?
Indictment - from a grand Jury- required for capital cases
information from state attorney or ASA
how many days do you have to motion for a change of venue?
10 days before trial unless good cause can be shown.
how many days do you have to bring Speedy without a demand for Misdemeanor and Felony?
Misdemeanor = 90 days of arrest
Felony = 175 days of arrest
What court handles felony cases?
Circuit court
What is a Notice to appear? when can it be used?
Notice to appear can be used instead of a physical arrest when there is a misdemeanour charge.
How many days after being in custody will a DEF be released without being formally charged?
if no charges within 30 days, MUST be released on 33rd day.
what is the effect of a failure to comply with discovery rules?
Order compelling disclosure
Continuance
Mistrial
Exclusion of witness or evidence (including alibi witness)
Other sanctions as deemed appropriate: like contempt or assessment of costs.
How Many days do you have to bring speedy upon a demand?
50 days from demand (including retrial)
Can demand speedy trial = 60 days from arrest
What court handles Misdimeanors
County courts
When is a notice to appear not used?
1. do not have sufficient ID.
2. poses a risk of unreasonable bodily harm to the accused or other
3. refuses to sign the notice to appear
4. has no ties to the community or is a flight risk
5. is wanted in another jurisdiction
6. has previously failed to appear or violated pretrial release conditions.
When can you sever Offenses?
before trial any time if fair, during trial only if consent and necessary to be fair.
if improperly joined: DEF has a right to sever.
What is not subject to discovery?
work product such as legal research and correspondence, privileged info, the identity of confidential informants
What can a DEF do if they haven't been heard within their time for speedy?
what kinds of cases does the District court of Appeal handle?
All cases that are not directly appealable to the supreme court or the circuit court.
What is first appearance? what happens if it does not happen timely?
DEF's first time seeing a judicial officer MUST be within 24 hours.
Attorney must attend unless waive.
Failure to have first appearance within 24 hours gives the defendant the right to release, but not from prosecution.
What is a probable cause determination? when is it used?
Literally to determine if there was probable cause.
1. When warrant - not needed (it's in the warrant)
2. Adversarial - takes place when the DEF is in custody and no charges within 21 days
3. non-adversarial - if DEF in custody - 48 hours of the arrest.
if DEF NOT in custody - will take place within 21 days of the arrest
Explain the difference between Cat A, B and C witnesses
Cat A- do not need the court's permission (eyewitness, alibi witness, arresting officer Etc.)
Cat B - not deposed unless there is good cause ( any witness not in A or C)
Cat C - may not be deposed unless the court determines they more appropriately fall under another category.(witnesses who perform ministerial functions)
How long does a DEF have to assert an alibi? what do they need to provide?
Notice within at least 10 days before trial. Need to provide, names of persons with, addresses and places they were.
what is the hierarchy of the courts in florida (Descending order)
FL Supreme
DCA
Circuit
County
what are the reasons someone would not be eligible for pretrial release?
Sentence is punishable by death (strong presumption of guilt)
Community safety or other factors
charged with a dangerous crime (homicide, felony)
Can a court order that a indictment or information is so vague that the DEF should be dismissed? if so, when?
Yes, if there is not sufficient details then the court may order the prosecution to specify details, if not satisfied, then it will dismiss, postpone a judgement or order a new trial
how many preemptory challenges do you get for a misdemeanour, felony and capital case?
3, 6, 10
How do jury instructions work?
Given before or after final arguments.
They can be given orally with written record. Counsel may make written requests for instruction. Objections to instructions made before jury deliberate. Court reporter transcribes instructions and files them in court files.