CHAPTER 7- COURT ACTIVITIES

Question 1

Felony - After Arrest:
If the Complaint/Arrest Affidavit does not contain sufficient information to establish probable cause for detention or if errors are evident, the arresting officer will be notified by the Court Services Bureau to appear before the designated judge for a pre-detention hearing. The concerned officer will appear within __ hours with the information necessary to proceed with
prosecution. Appearance may be in an on-duty status when authorized by the officer’s immediate supervisor.

Answer 1

72

Question 2

Misdemeanor - After Arrest:
1. Supervisors will ensure that, before signing the Complaint/Arrest Affidavit, the information is accurate and all elements of a crime are contained within the Complaint/Arrest Affidavit. If the Complaint/Arrest Affidavit does not contain sufficient information to proceed with prosecution, or an error exists concerning the exact statute or ordinance number, including 21-81 (a), the officer will be notified, in writing, by the SAO. If the concerned officer fails to appear and correct deficiencies within __ calendar days, the SAO will cease further action
on the case. Appearance may be in an on-duty status when authorized by the officer’s immediate supervisor.

Answer 2

7

Question 3

CAU functions:

Forward Affidavit Prefile packages rejected by the SAO on an Affidavit Prefile Additional Information Required form to the concerned supervisor for correction and ensure that it is returned from the supervisor within __ days.

Answer 3

3

Question 4

Officers making felony arrests involving probable cause that do not qualify for Affidavit Prefile are to contact the SAO within __ hours by telephone to schedule a Prefiling Conference (PFC) appointment. A PFC appointment is also required to be set when a citation is issued for leaving the scene of an accident with injuries and no arrest is made

Answer 4

12

Question 5

PRODUCTION OF POLICE REPORTS:
All pertinent police reports, including written, recorded, or summarized statements, tapes, and memorandums, will be delivered within __ days of the day of arrest to the ASA handling the case. Notes taken by police, which are used to complete a finalized police report, are not required to be automatically provided to the SAO.

Answer 5

21

Question 6

True or False?
All felonies shall be investigated by MDPD except for worthless checks returned for insufficient funds or marked “Account Closed.” Victims in such cases shall be referred to the SAO to file charges.

Answer 6

True

Question 7

The Miami-Dade County SAO has instituted the Bad Check Restitution Program. Working with a private agency which will now be responsible for screening all worthless check complaints, the program offers a unique, public/private partnership that will, in addition to the requirement that offenders pay restitution, educate businesses in preventive check acceptance procedures, as well as require worthless check offenders to complete a special __ class. Checks ineligible for the SAO Program may be pursued via small claims court or by a private collection agency.

Answer 7

8

Question 8

BAD CHECK PROGRAM: There is no minimum worthless check amount required to qualify for the program, and no police case number needs to be issued. If no restitution is received by the victim within __ days, the victim should recontact the SAO Worthless Check Division. SAO will accept those cases it deems. The SAO will continue to prosecute cases involving uttering of a forged instrument or fraud.

Answer 8

60

Question 8

BAD CHECK PROGRAM:
A check is eligible for the program if it meets the following criteria:
a. The check was received in Miami-Dade County, deposited in a bank, and presumed “good” at the time of acceptance. b. A “Statutory Notice” is sent to the check writer allowing __ days to make the check good. c. The worthless check is submitted to the program within ___days from the date of the check. d. The information from a photo identification (driver license, military identification, State identification card, or a check cashing card) was recorded at the time of the transaction.2. Officers shall advise recipients of worthless checks that meet the above criteria of the following procedure that must be followed if the victims are seeking restitution: a. The victim must attempt to make contact with the check writer, and if unsuccessful, send a statutory notice by certified mail. The check writer then has __ days to respond and remit payment.

Answer 8

7 & 90 & 15

Question 9

INFO:
The Sheriff may not serve process on Sunday without special authorization from the court. Should he do so, he may be subjected to a suit for damages. The Sheriff may be authorized by a judge to serve process on Sunday upon an individual who is about to escape service by leaving the State under cover of the Sunday protection provision.

Answer 9

INFO

Question 10

Personal service may be rendered upon any individual at any location in the County except?

Answer 10

(1) hospital patients, unless permission has been granted by the attending physician.
(2) persons under the jurisdiction of a federal court, while in the courtroom.

Question 11

The elements of substitute service are:
(1) Deliver a copy of the process to the person’s residence and serve on any person residing therein who is __ years of age or older and inform the person served of the contents. (2) Substitute service of a subpoena or a Five Day Summons can be made to any person residing therein who is __ years of age or older.

Answer 11

15

Question 12

The Sheriff is directed by the court to make demand for satisfaction of a money judgment and, if not satisfied, to seize property and conduct a sale of same to satisfy the judgment. Defines?

Answer 12

LEVY

Question 13

The Sheriff is directed by the court to seize specific property obtained under a rental agreement and for which the renter has failed to make payment(s), and return the property to the owner of record. This includes, but is not limited to, vehicles, construction equipment, etc. Defines?

Answer 13

Replevin

Question 14

The Sheriff is directed by the court to remove all person(s) from a domicile, building, or land, for non-payment of monies related to the property, and to place the plaintiff “in possession.” This can
involve both residential and commercial properties, as well as rental or mortgage payment defaults. The Sheriff does not touch, nor is responsible for, any personal property belonging to the defendant. Defines?

Answer 14

Writ of Possession

Question 15

When a Subpoena Duces Tecum is received by an employee, the Police Legal Bureau will be contacted if questions exist concerning production or release of the listed items. Each bureau and district commander is responsible for maintaining a ___ projection of duty assignments, training dates, and leave time in the police portion of the WIS.

Answer 15

six-week

Question 16

If the appropriate arresting officer did not schedule an Affidavit Prefile, he should receive a Prefiling Conference Appointment from the SAO within __ days of the arrest.

Answer 16

7

Question 17

Every effort will be made by the Court Services Bureau to deliver subpoenas to the officers within ___ days after receipt.

Answer 17

5

Question 18

Juvenile Court Subpoenas:
On-Duty appearance:
a. For purposes of this subparagraph, an employee is defined as “On-Duty” if the work hours commence between the hours of 6:00 a.m. and 9:00 a.m. On the scheduled court date, the concerned DOC or Administrative Unit will be notified by the Juvenile Court Liaison if the employee is required at the Juvenile Justice Center, and will specify the time needed. The employee will have __ minutes to respond.

Answer 18

90

Question 19

Juvenile Off-Duty appearance:
An employee placed on standby status will be available by the provided telephone number or via the pager telephone number between __ a.m. and 12 noon, or until released by the Juvenile Court Liaison, whichever occurs first. The Juvenile Court Liaison may extend the period for which the employee is on standby status beyond 12 noon.

Answer 19

9:00 a.m

Question 20

off-duty appearance:
When the Juvenile Court Liaison contacts the number(s) provided, the concerned employee must contact the Juvenile Court Liaison within __ minutes. If no return call is received within the allotted time, a second call by the Juvenile Court Liaison will be made. If the concerned employee is not personally available at the number(s) provided, or does not make contact with the Juvenile Court Liaison within __ minutes, this will be considered a “no response” and appropriate notifications will be made to the concerned commander in the employee’s chain-of-command. Upon being notified that appearance is required, the employee will respond to the Juvenile Justice Center within ___ hours.

Answer 20

20 & 2

Question 21

True or false:
All officer/witness subpoenas for misdemeanor cases will be for “Mandatory Appearance.” “Standby” subpoenas for misdemeanor trials will not be issued

Answer 21

True

Question 22

If an employee knows within one to five days before his scheduled court date that he will be unable to appear, he shall contact a supervisor (sergeant or above) within his chain-of-command for approval. The supervisor shall notify the Court Services Bureau as soon as possible, but not less than __ day prior to scheduled attendance and obtain a control number. The supervisor shall notify the Court Services Bureau not less than __hour prior to scheduled attendance and obtain a control number.

Answer 22

1 day & 1 hour

Question 23

The Court Services Bureau will forward computerized reports (how often?) to the appropriate division chief, or assistant director or the Director for elements not reporting to a division chief, listing all the control numbers issued for the specific elements under his command.

Answer 23

bi-weekly

Question 24

When an Officer cancels a pre-file or deposition:
The officer’s immediate supervisor will, within __ hours, contact the SAO (for a prefiling conference), or Public Defender’s Office/private attorney (for a deposition), to schedule a new appointment. The supervisor will ensure that the appointment is made for on-duty status or as close to on-duty status as possible. Court Services Bureau will distribute rescheduled prefiling conference or deposition information to appropriate district/bureau commanders.

Answer 24

12

Question 25

If an officer who is a critical witness fails to appear __ for a prefiling conference, the SAO will not file the case unless the absences are explained and filing is requested in writing by a __ or above from the concerned officer’s chain-of-command.

Answer 25

twice & Captain

Question 26

An employee who receives service of a legal document specifying involvement in a lawsuit, as a result of an action performed as a departmental employee, shall forward two copies of the document to the Police Legal Bureau as soon as possible, but not to exceed __ hours, after receipt of notification.

Answer 26

24

Question 27

____ is A court order to a party in a legal action to appear and produce certain records, documents, or items.

Answer 27

Subpoena Duces Tecum

Question 28

Referrals from Litigation Documents Coordinator:
The Litigation Documents Coordinator will refer litigation-related requests to appropriate elements by transmittal memorandum, specifying parts of the request to which the receiving element must respond. Receiving elements must return the requested items within the specified time, or advise the Litigation
Documents Coordinator in writing, within __ days of receipt, if more time is required. Requests from the Litigation Documents Coordinator requiring immediate departmental response may be handled by telephone with a follow-up memorandum.

Answer 28

Two

Question 29

An employee who elects to accept/retain a witness fee check in lieu of OT/compensatory compensation will, upon receipt of the check, complete the Witness Fee Check Acceptance Form and submit it to his supervisor or designee, at the discretion of the element commander, by the end of his scheduled tour of duty. An employee who elects to receive OT/compensatory compensation will, upon receipt of the check, endorse the check to Miami-Dade County, deliver it to his supervisor or designee, at the discretion of the district/element commander, by the end of his scheduled tour of duty, and obtain an official receipt. The Witness Fee Check Acceptance Form or the check and a copy of the receipt will be transmitted to the FiscalAdministration Bureau within __ hours.

Answer 29

72

Question 30

If an employee, while on standby status, is notified via Court Services Bureau to appear in court, and the reporting time is within __ of notification, overtime compensation will begin immediately.

Answer 30

1 HOUR

Question 31

An employee who requests the witness fee and mileage rate is entitled to $__ for each day of actual attendance and a mileage fee as prescribed by Florida Statutes.

Answer 31

$5

Question 32

Officers handling an incident involving a bail bondsman and bond entreasure will apprise the ___of the incident. Additionally, a report will be completed containing all pertinent facts and forwarded to the Police Legal Bureau via the chain-of-command for follow-up and recommendations

Answer 32

element commander

Question 33

INFO
Sworn personnel are excused by Florida Statutes from serving as a juror in a County or circuit court unless they choose to serve; however, appearance is required when summoned by a federal court.

Answer 33

INFO

Question 34

Immediately contact the PLB or the on-call PLB legal advisor in all situations where __ or more in cash is encountered, whatever the circumstances. No sums of currency in the amount of $__ or more will be released at the scene without authorization from the PLB or the on-call PLB legal advisor.

Answer 34

$10,000

Question 35

Copies of all reports, including Vehicle Storage Receipts; Property Receipts; and Waiver of Rights, Release, and Consent to Forfeiture will be sent via e-mail to the PLB Supervisor, within __ hours of the seizure.

Answer 35

24

Question 36

All decisions regarding the sharing of assets seized or forfeited during multiagency actions and task forces will only be determined by command-level personnel ( ___ or higher) in consultation with the PLB Supervisor. Officers will not make commitments regarding seized assets.

Answer 36

captain

Question 37

Consider the potential value of the item compared with the cost of forfeiture; e.g., towing and storage fees. Motor vehicles which are more than four years old and vessels with an appraised value of less than $__should not routinely be seized for forfeiture. With sums of money less than $__, forfeiture cases will not generally be filed unless a direct connection with a drug transaction can be proved.

Answer 37

$4,000 & $5,000

Question 38

Supervisor in Charge of the Departmental Element Assisting a Federal Agency:
Forward departmental reports and the Application for Transfer of Federally Forfeited Property to the PLB within __ days of seizure for review and to complete certification. Forward the Application for Transfer of Federally Forfeited Property to the field office of the appropriate federal agency within __ days of seizure.

Answer 38

7 & 30

Question 39

Employees subpoenaed to testify for the defense will immediately notify their supervisor and ___. Employees may contact the Police Legal Bureau if legal guidance is desired.

Answer 39

the prosecutor handling the case

Question 40

John or Jane Doe warrants will not be initiated without adequate
identifiers to differentiate between possible suspects; e.g., subject’s street name, physical description, or residence address. John and Jane Doe warrants will be held at the Warrants Bureau awaiting execution for a maximum of __ working days. If not executed within this time, the warrant is forwarded by the Warrants Bureau to the Circuit Court Clerk’s office for cancellation

Answer 40

five

Question 41

Types of Service:
Posted service: Posted service is accomplished by attaching the writ to a conspicuous portion (preferably the front door) of the premises described in the writ. The service may be utilized to
serve a __ Day Summons, Removal of Tenant (Unlawful Detainer), or Tax Notice, when personal or substitute service cannot be effected. By statute, posting of a 24 Hour Notice pursuant to a Writ of Possession is not service of the process. The act of eviction, or putting out of the defendant, is service of the process.

Answer 41

Five

Question 42

Deposition Processing Delay:
Upon experiencing a delay of approximately __ minutes in the presentation of a deposition at the SAO, the employee will contact the Court Services Bureau, Central Court Security Section, Liaison Desk, for assistance prior to leaving the location of the deposition. If a deposition delay of __ minutes occurs at the Public Defender’s Office, or the Public Defender’s Office wants to reschedule the deposition without taking testimony, the employee will request to speak with the assigned Assistant Public Defender’s immediate supervisor and request that another Assistant Public Defender take the deposition. If these steps by the employee are not successful, the officer must contact a __ Bureau supervisor for assistance.

Answer 42

30 & Court Services

Question 43

The Court Services Bureau is responsible for receipt and distribution of subpoenas, and prefiling and pretrial conference appointments to the employee’s element of assignment, provided that the scheduled court activity date allows at least __ days notice. This time computation begins when received by the Court Services Bureau. Subpoenas and prefiling or pretrial conference appointments with less than three days notice will be marked RUSH and will be distributed by the Court Services Bureau via facsimile or by telephone notification.

Answer 43

five

Question 44

Use of County Vehicle:
Mileage to and from court in any County vehicle is not reimbursable.
1. Travel time to court is compensable when in conjunction with shift. In conjunction with shift is defined as a court-related appearance within __ hour of the shift. A maximum of one hour travel is authorized for Stations 1, 4, 5, 6, 8, and 9. A maximum of one-half hour of travel is allowed for all other units.

Answer 44

one

Question 45

Referrals from Litigation Documents Coordinator:
The Litigation Documents Coordinator will refer litigation-related requests to appropriate elements by transmittal memorandum, specifying parts of the request to which the receiving element must respond. Receiving elements must return the requested items within the specified time, or advise the Litigation Documents Coordinator in writing, within __ days of receipt, if more time is required. Requests from the Litigation Documents Coordinator requiring immediate departmental response may be handled by
telephone with a follow-up memorandum.

Answer 45

two

Question 46

___ is allowed to pick up a case file and/or evidence, and immediately proceed to the court-related appearance.

Answer 46

One-half hour
*The “to and from” times and the nature of activity must be specified; e.g., time used to pick up property at the Property and Evidence Section, 8:00 a.m. - 8:30 a.m.

Question 47

A Certified Process Server is a private citizen who has been appointed by the Chief Judge of the Eleventh Judicial Circuit to serve initial civil court process. No additional authority is conferred upon the individual as a result of the appointment. The Department is not obligated to assist a Certified Process Server to any degree beyond that which is due any private citizen. Any request by a Certified Process Server for assistance in serving a civil court process should be referred to the Court Services Bureau.

Answer 47

info

Question 48

Complaints Against Certified Process Server: Officers who encounter situations involving complaints against Certified Process Server should: 1. Advise complainant of their right to file a complaint with the ____. 2. Advise complainant that additional information concerning complaint procedures may be obtained from the office of the Chief Deputy Clerk at the Miami-Dade County Courthouse. 3. Complete an OIR which describes the nature of the complaint. Ensure that a copy of the report is forwarded to the Court Services Bureau.

Answer 48

Chief Judge of the Eleventh Judicial Circuit.

Question 49

Cost Recovery/Form Distribution:
Supervisors will ensure that the information listed above in a. is entered and that the District/Bureau information on the bottom of the Investigations and Court Cost Recovery Form is filled out properly. The white copy of the Investigations and Court Cost Recovery Form will be sent to the Clerk of the Court, Criminal Division Case Processing Unit, via Interoffice mail within __ hours of the date of arrest. The yellow and pink copies of the Investigations and Court Cost Recovery Form will be sent to the Court Services Bureau, Cost Recovery Section, via interoffice mail, within __ days of the arrest. Court Services Bureau will be allowed to retain a __ percent administrative fee from cost recovery receipts. The funds retained will be used for overtime reimbursement for overtime expended on the cost recovery program.

Answer 49

1. 48
2. 5
3. 5

Question 50

The determination of whether a civil forfeiture action will be filed shall be made by a Police Legal Bureau (PLB) __ who is not directly involved in making the seizure. When there is no other legitimate basis for holding seized property, the prompt release of such property is required by the Act and the Department.

Answer 50

supervisor

Question 51

Property Impounded for forfeiture/ Responsibilities
The impounding officer will accomplish the following actions:
1. Advise an immediate supervisor as soon as possible after determining feasibility of seizure, and request forfeiture hold authorization. Record the authorizing supervisor’s name and title on the Vehicle Storage Receipt or the Property Receipt. Any sworn supervisor may place a hold order without need for higher authorization; however, review of probable cause by a supervisor with the rank of ___ or above is required, when currency is involved. The PLB Supervisor or on-call legal advisor may also place a hold order on any property. 2. In cases involving vehicles, vessels, or aircraft, advise the Central Records Bureau (CRB) Vehicle Data Entry Unit of the hold and the name of the authorizing supervisor. The Property and Evidence Section (PES) Vehicle Research Unit must also be notified within __ hours of the seizure.

Answer 51

lieutenant & 24

Question 52

Pursuant to FSS 790.401(8)(d), any surrendered firearms and/or ammunition that remain unclaimed for ___ after the expiration of an RPO, or an order to vacate, shall be disposed of in accordance with the Department’s policies and procedures for the disposal of firearms.

Answer 52

one year