Civ Pro: Criminal Flashcards
Unless charged with a capital offense or an offense punishable by life imprisonment and proof of guilt is evident, the accused is entitled to pretrial release.
TRUE
Fla. R. Crim. P. 3.131(a)
The state has 120 days from the date of arrest to file formal charges of defendants in custody.
FALSE.
Fla. R. Crim. P. 3.134 – 30 days.
In Florida a grand jury may indict only for felonies.
FALSE. A grand jury may indict for any offense.
Fla. R. Crim. P. 3.140 –
An accused who has been charged wither by indictment or information has a right to a copy of the indictment or information at least 72 hours before being required to plead.
FALSE. 24 hours.
Fla. R. Crim. P. 3.140(m)
Unless the court orders otherwise, a motion to dismiss in a criminal case must be filed before or at the arraignment.
TRUE
Fla. R. Crim. P. 3.190(c)
The discharge of a defendant on the ground that speedy trial was violated does not bar a subsequent prosecution for the same offense as long as proper notice is given and the grand jury returns a new indictment.
FALSE.
Fla. R. Crim. P. 3.1941(n)
If the defendant elects to participate in discovery, a reciprocal discovery obligation is triggered.
TRUE.
Fla. R. Crim. P. 3.220
A notice to appear may NOT be issued if the offense is:
a. a misdemeanor in the first degree
b. a misdemeanor in the second degree
c. a violation of a county ordinance
d. a felony
D
Fla. R. Crim. P. 3.125
In accepting a plea, the judge shall determine if the defendant understands:
a. the nature of the charge and maximum penalty
b. deportation consequences of a guilty or nolo plea
c. that a plea of guilty or nolo waives the right to a trial
d. All of the above.
D
Fla. R. Crim. P. 3.172
The doctrine that every person charged with a crime shall be brought to trial within 90 days of arrest for a misdemeanor crime or 175 days for a felony is:
a. speedy trial
b. double jeopardy
c. swift justice
d. none of the above
A
Fla. R. Crim. P. 3.191
