Adversarial Preliminary Hearing and Charging Instruments

Question 1

When is adversary preliminary hearing due?

Answer 1

WI 21 days of arrest when not charged in information or indictment.

Question 2

What are all D due from the state?

Answer 2

Charging Instrument an information: In all criminal prosecuritons the acused shall be informed of the charges and be furnished a copy of the charges. The charging insturent is the way they get thins ifomation.

Question 3

When does the state need to file an information, indictment or otherwise?

Answer 3

Within 30 days from when D was arrested.

Question 4

What happens when the state does not file an information or indictment?

Answer 4

1). Fl court orders that on 33rd day the D wll be released, unless state files by then 2). If state shows ood cause order the D automatic relase on the 40th day unless the state files charged by then. Cant be there over 40 days unless formally charged.

Question 5

What are the instruments of prosecution?

Answer 5

Capital Crimes get : INdictment
Everything else gets:
1) Indictment or information
2). affadavit or dockett entry
3). Notice to appear (ct ordinace etc)

Question 6

What isthe format for an indictment/information?

Answer 6

Plain concise definite written statment of esential facts for all charged, must list essential facts comprising charged offense and law allegedly violated.

Question 7

When does the D get a copy of the indictment or infomation?

Answer 7

at least 24 hours before being required to plead regarding the charges.

Question 8

What do Informations need to say?

Answer 8

Reflect the charges against D that state presents, must expressly state that the charges are brought in the name of and by authority of state of florida.

Question 9

What do indictments need to say?

Answer 9

Can be brought in name of and authority of Grand Jury, must expressly state that the charges are brought in the name of and by authority of state of florida.

Question 10

What can a grand jury do?

Answer 10

Indicte a D for any offense.

Question 11

What is a notice to appear?

Answer 11

It is a notice that you need to show up to court because you have been charged with an offense, you are not arrested. You can get this if 1). Offense or violation that is 1st or second degree misdameaner or 2) it is a municipal or county ordinace offense that you don’t demand a judge, and the