CHAPTER 7- COURT ACTIVITIES Flashcards
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.
72
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.
7
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.
3
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
12
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.
21
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.
True
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 __ hour class. Checks ineligible for the SAO Program may be pursued via small claims court or by a private collection agency.
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.
60
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.
7 & 90 & 15
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.
INFO
- _____ service is accomplished by personal delivery of the process to the defendant or witness named in the summons or subpoena. This is the most desirable type of service and should be utilized whenever possible.
_____ service may be rendered upon any individual at any location in the County except?
- ______
- ______
- Personal Service
(2) hospital patients, unless permission has been granted by the attending physician.
(3) persons under the jurisdiction of a federal court, while in the courtroom.
- _____ Service is accomplished in certain summonses or writs by delivery of the process to other than the defendant.
The elements of substitute service are:
- 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. 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.
- Substitute service
- 15
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?
LEVY
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?
Replevin
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?
Writ of Possession
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 ___ week projection of duty assignments, training dates, and leave time in the police portion of the WIS.
six-week
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.
7
Every effort will be made by the Court Services Bureau to deliver subpoenas to the officers within ___ days after receipt.
5
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.
90
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.
9:00 a.m
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.
20 & 2
True or false:
All officer/witness subpoenas for misdemeanor cases will be for “Mandatory Appearance.” “Standby” subpoenas for misdemeanor trials will not be issued
True
Court Apperances:
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.
1 day & 1 hour
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.
bi-weekly
