302 - Filing Cases and Attending Court (1 of 2) Flashcards
Who is the owner of Order 302 - Filing Cases and Attending Court?
Director of Investigations & Homeland Security
Officers filing for an arrest warrant or capias for suspects that are still at large must do so within _____
36 hours (excluding weekends and holidays).
When does an officer file on an arrest pursuant to a capias?
requires no further filing action;
If an arrest is made on an arrest warrant which originated in the Investigations Division or Narcotics/Vice Section, who will interview the suspect?
the detective who obtained the arrest warrant or an on-call detective
If an arrest is made on an arrest warrant which originated in the Investigations Division or Narcotics/Vice Section, who is responsible for filing on the case?
The detective who obtained the arrest warrant will be
A notation will be made _____ to identify it as an Investigations Division or Narcotics/Vice Section warrant.
at the bottom of the warrant
If an arrest is made by another agency and the only involvement of the Jacksonville Sheriff’s Office (JSO) officer is to execute the arrest warrant, who will file the case?
the officer of the other agency will be responsible for filing the case
Officers filing on felony arrests, whether on probable cause or pursuant to a warrant, must file within _____ of the arrest if the officer is scheduled to work the next day, or within _____ if the officer is not scheduled to work the next day (excluding weekends and holidays);
24 hours
120 hours
On robbery cases where the suspect is arrested and interviewed by the robbery detective, who is responsible for filing the case?
the assigned robbery detective.
If the victim of a felony does not wish to prosecute the suspect(s), the case may be cleared when?
after the officer provides the information to the SAO, and the SAO declines to proceed with prosecution.
Officers (will/will not) advise the victim of a felony to contact the SAO.
will not
When should the officer contact the victim of the felony to advise the victim of the status of the case?
after he has filed the information with the SAO
The State Attorney’s Office filing hours will be from _____ hours daily.
1300 to 1700
The _____ should be used for any type of charge(s) during the midnight shift.
Midnight Shift Officers Only Transmittal Filing Affidavit
Officers are required to file cases in one of two ways: _____ or _____, unless you are assigned to Watch 6 then you may file transmittals for all cases.
(1) By utilizing the Transmittal Filing Affidavit; or
(2) In person,
A LEO has to file in person for the following felonies (21)
(1) Aggravated Assault.
(2) Aggravated Assault on a LEO with injuries.
(3) Aggravated Battery.
(4) Aggravated Battery in a Detention Facility.
(5) Arson.
(6) Burglary
(a) Armed Burglary.
(b) Attempted Burglary to an occupied dwelling.
(c) Burglary involving an assault or battery.
(d) Burglary – dwelling – occupied.
(e) Burglary – dwelling – unoccupied.
(f) Burglary – occupied structure.
(g) Burglary – occupied conveyance.
(7) Battery - On a person 65 years or older.
(8) Child Abuse.
(9) Crimes involving any type of shooting.
(10) Cruelty to animals.
(11) Domestic Violence violations.
(12) Elderly Abuse and Neglect.
(13) False Bomb Report.
(14) False Imprisonment.
(15) Kidnapping.
(16) Leaving the scene of an accident with injury.
(17) Murder.
(18) Robbery.
(19) Sexual assault, battery, lewd and lascivious contact.
(20) Stalking - Aggravated with credible threat to life with injury.
(21) Written threats to kill or do bodily harm.
An officer does not have to file the case in person if the suspect has been arrested by _____.
arrest warrant
A patrol officer assigned to the midnight shift may file all charges by use of _____
the Transmittal Filing Affidavit.
Specifically exempted cases requiring officers to appear in person are as follows:
(1) Any case involving a request for the issuance of a _____
(2) Any case involving a _____ or _____ warrant;
(3) Any case where the filing officer is a detective not assigned to the _____;
(4) Any case being filed with the _____ or _____;
(5) Any case where the victim is _____;
(6) EMERGENCY situations requiring immediate attention.
capias; search or felony arrest Narcotics Division State Attorney's Special Prosecution or Special Assault Division seriously injured
Supervisor and notarizing officer’s names and Identification (ID) numbers must be printed legibly where?
under each signature
_____ shall ensure that officers are making every effort to file cases on duty (with the exception of the midnight shift);
Supervisors
The police officer whose name appears on the arrest report as the arresting officer is required to file charges with the SAO promptly (Within _____ [with the exception of detectives who have prior approval of a supervisor] if the officer is scheduled to work the next day and within _____ of the arrest of a suspect, excluding weekends and holidays, if the officer is not scheduled to work the next day)
24 hours
120 hours
If a person is charged with a crime, completely processed into the PDF, and a subsequent investigation or new information fails to substantiate the charge(s), or if additional charges should be added, the arresting officer or the detective assigned shall do what?
contact the SAO as soon as possible and request the necessary changes.
Change of Charges: Preparation of all necessary forms and notification of changes to the PDF and the Clerk of the Court are the responsibility and function of _____
the SAO.
In the event a member of the Office of the Sheriff determines that the SAO should request leniency toward a defendant/informant in exchange for information that could lead to the arrest of any other person or persons on a more substantial charge or charges, that member shall, with the approval of a _____, discuss the circumstances with who?
superior officer
a department director or higher authority.
If the Director or higher authority concurs that the request for leniency or assistance is justified, Who will make the request and how?
the Sheriff’s Office member shall make the request, in writing, to the SAO.
All court related functions (Department of Highway Safety and Motor Vehicles [DHSMV], Traffic Court, Pre-trials, Depositions, filing cases, seeking warrants, etc.) should _____
be logged in/out via MDC or via radio through investigative
Witness fees are a function of _____
the court system, NOT the JSO.
Employees entitled to a witness fee (not on duty) should gather any witness fee documents from _____, while at their court related function.
courts personnel (NOT Court Liaison)
_____ has authority and responsibility for initiating and submitting Employee Information System (EIS) overtime to be paid as a result of an overtime capacity court appearance or court related on-call status pursuant to current, applicable employee contracts.
The Court Liaison Office Bailiff
_____ acts as a coordinator between the Courts, State Attorney, Public Defender, private attorneys, and officers needed for court appearances or depositions;
The Court Liaison Office Bailiff
Any questions or requests for information concerning court attendance will be directed to the _____;
Court Liaison Office
All interpretations, discrepancies, or disputes involving court attendance will be directed to the _____ or _____
Sworn Bailiff Sergeant or Sworn Bailiff Lieutenant assigned to the Court Liaison Office.
The Court Liaison Office may, at times, be requested to have an officer appear in court on very short notice and/or without a subpoena. Any time an officer is ordered to appear in court by the Court Liaison Office under these circumstances, this order will be considered the same as a direct order from _____
the Sheriff.
Regarding being armed in the courthouse: If at any time courthouse personnel instruct the wearer (of the yellow badge holder) to secure their weapons for any reason, personnel shall follow the instructions given and report the incident to _____.
his supervisor
The wearing of the uniform for any personal court function is ______
strictly prohibited.
In the event a member is unable to respond to a subpoena for any reason, they will be held responsible for doing what?
personally notifying the attorney who initiated the subpoena
Where will a recruits name be placed if they are writing a UTC?
in the comments section of the ticket as a witness. Field Training Officers will sign the citations and use their identification numbers
If officers need to be excused from attending Traffic Court while under subpoena, they shall notify _____, as soon as possible before the time they were scheduled to appear.
the Court Liaison Office (904) 255-1725
When an off-duty officer receives a subpoena to appear on a court related matter issued by the State Attorney or Public Defender’s Office, the officer is entitled to a _____
five-dollar fee.
Unless delivered via email, it shall be the responsibility of the employee’s supervisor or his designee to:(4)
(1) Deliver the subpoena to the employee named in the subpoena;
(2) Make the proper entry into and initial the Zone or Unit secretary’s subpoena log, indicating that it has been delivered to the employee;
(3) Ensure the employee signs the subpoena receipt form, when provided, verifying delivery; and
(4) Maintain the receipt form for 30 calendar days from the appearance date listed on the subpoena. After such time it may be destroyed.
How long is a delivery receipt required to be kept after the appearance date?
30 days
Anytime employees are excused from court for any reason, it shall be their responsibility to do what?
document the name of the person who excused them, the date, and time on the back of the subpoena;
Florida law provides that a law enforcement officer may be served with a subpoena in a criminal case by delivery of the subpoena to a designated supervisor or administrative employee at the officer’s place of employment except that no such designated employee is required to accept service: (3)
(1) For a witness who is no longer employed by the agency at that place of employment;
(2) If the witness is not scheduled to work prior to the date the witness is required to appear; or
(3) If the appearance date is less than five days from the date of service.
When an officer is personally served with a subpoena, the officer (is/is not) required to appear if the service does not take place five days before the appearance date?
is
Five days starts when?
from the date the subpoena was received by the Sheriff’s Office (Civil Unit); not the day that the officer receives the subpoena.
It shall be the responsibility of _____, when receiving subpoenas or Notices of Depositions to ensure that the appearance date is correct.
the Civil Unit
If an employee assumes that the subpoena was improperly served, this (does/does not) excuse that employee from appearing.
does not
Any member who receives a subpoena or requisition to attend any court outside of Duval County shall consult with his_____ if in Patrol, or ______ if assigned outside of the Patrol Division;
zone commander
commanding officer
Regarding out of county depositions: When possible, the attorney requesting a deposition should come to Jacksonville, especially when _____ has been subpoenaed to be deposed;
more than one member
Regarding out of county depositions: Travel and per diem arrangements should be discussed and made _____ and in keeping with the Sheriff’s Office objective of minimizing an employee’s time away from his post.
prior to the employee’s departure
