Crim Pro Flashcards
1
Q
A pending motion for discharge may be denied if:
A
i) An extension of time has been ordered and it has not expired
ii) The failure to hold trial is attributable to the accused, a codefendant in the same trial, or their counsel;
iii) The accused was unavailable for trial; or
iv) The demand is invalid
2
Q
A motion to take a deposition to perpetuate testimony generally must be filed :
A
A motion to take a deposition to perpetuate testimony generally must be
filed more than TEN (10) days before trial.
Fla. R. Crim. P. 3.190(i).
3
Q
if the defendant elects to participate in discovery:
i) Within X days of receiving the prosecutor’s witness list, the defendant must provide the prosecutor ..
A
- a written list of the names and addresses of all trial witnesses
- any witness statements,
- reports,
- papers,
- tangible objects, or reports to be used at trial.
4
Q
How can a new trial motion be made?
A
- The new trial motion may be made orally and dictated into the record as long as a court reporter is present. If made orally, the motion will be argued and immediately ruled on.
- the new trial motion may be written, filed with the court, and served on the prosecutor. If made in writing, the court must set a hearing date.
5
Q
Each party is entitled to how many preemptory juror challenges?
A
i) Ten (10) peremptory challenges for felonies punishable by death or imprisonment for life;
ii) Six (6) peremptory challenges for all other felonies; and
iii) Three peremptory challenges for misdemeanors.
The court has the discretion to allow additional peremptory challenges when appropriate. Fla. Stat. § 913.08(1); Fla. R. Crim. P. 3.350(a),(e).
6
Q
If a Defendant is not brought to trial within 10 days of “Notice of Expiration of Speedy Trial Time” hearing, then…
A
- the case must generally be discharged.
The discharge bars prosecution of
- the crime charged AND
- all other crimes that were or might have been charged as result of the same conduct or criminal episode as a lesser degree or lesser included offense on which trial has not commenced, convicted obtain, or adjudication withheld.
7
Q
If the State files a traverse that denies the alleged facts, then a MTD for lack of factual matters :
A
A motion to dismiss for lack of factual matters must be denied
8
Q
Counsel may also be appointed for a defendant who is partially indigent IF
A
the defendant absorbs the costs of representation to the extent the defendant is able to without substantial hardship.
9
Q
For due process purposes, a defendant must be present during :
A
- the examination,
- challenging,
- impaneling, and
- swearing of the jury.
Thereafter, if the defendant voluntarily absences himself without leave of the court or is removed from the court because of disruptive conduct, the trial may continue in his absence;
the defendant may be both convicted and sentenced in absentia.
10
Q
A defendant subject to an unlawful search and seizure may file a motion to suppress anything seized as evidence on the following grounds: (iii nn)
A
i) The property was illegally seized without a warrant;
ii) The warrant was insufficient;
iii) The seized property was not described in the warrant;
iv) There was no probable cause for the grounds on which the warrant was issued; or
v) The warrant was illegally executed.
11
Q
Can a motino for continuance be made after demand for speedy trial?
A
- Yes,
- HOWEVER good cause for continuances or delay on the behalf of the accused does not include non-readiness for trial,
- except as to matters that
- arise after the demand is filed and
- could not reasonably have been anticipated
12
Q
The court may entertain a motion to dismiss at any time on the grounds that :
A
- The defendant is charged for an offense for which he has been previously pardoned, placed in jeopardy, or granted immunity;
or
- There are no material disputed facts, and the undisputed facts do not establish a prima facie case of guilt.
13
Q
Within five days of the filing of the “Demand for Speedy Trial” , the court :
A
the court must hold a calendar call
14
Q
A pretrial motion to dismiss must :
A
- raise all available defenses.
- Every ground for a motion to dismiss that is not presented in the motion is waived.
- objections based on fundamental grounds are NOT WAIVED
15
Q
The court must hold a calendar call within X days of a defendant filing a motion for speedy trial.
A
5 days
16
Q
All search warrants must :
A
- be based on probable cause and
- supported by affidavits naming or describing
- the person, place, or thing to be searched AND
- must particularly describe the property to be seized.
All search warrants MUST be returned within TEN (10) days after issuance. Fla. Stat. § 933.05.
17
Q
At first appearance, The judge must provide the accused with _________ and advise the accused of:
A
- The judge must provide the accused with a copy of the complaint
* The judge must advise the accused - (i) of the charges against him including an alleged violation of probation or community control,
- (ii) of the right to remain silent,
- (iii) that anything he says may be used against him,
- (iv) of the right to counsel, and
- (v) of the right to communicate with counsel, family, or friends.
18
Q
The court generally must grant a new trial if the defendant’s substantial rights were prejudiced and if any of the following grounds is established:
A
i) The defendant was not present at a proceeding that required his presence;
ii) The jury received unauthorized evidence out of court;
iii) The jurors separated after retiring to deliberate without leave of court;
iv) Any juror or the prosecutor was guilty of misconduct;
v) The court erred in deciding a matter of law during the trial;
vi) The court erroneously instructed the jury on a matter of law or refused to give a requested, proper instruction; or
vii) For any other cause not attributable to the defendant that led the defendant not to receive a fair and impartial trial.
19
Q
The court generally must grant a new trial if any of the following is established:
A
i) The jurors decided the verdict by lot;
ii) The verdict is contrary to the law or the weight of the evidence; or
iii) New and material evidence emerged that
- the defendant could not have discovered with reasonable diligence
- that, if introduced at trial, would have changed the verdict or finding of the court.
20
Q
Every person charged with a crime must generally be brought to trial within :
A
- MISDEMEANOR - within 90 days of arrest for a misdemeanor
- FELONY - within 175 days of arrest for a felony.
21
Q
How may a defendant waive the right to counsel?
A
The defendant may waive the right to counsel in a writing signed and dated by the defendant, but this waiver is limited to the first appearance only
22
Q
A demand for speedy trial constitutes a…
A
- a pleading by the accused
- that he is available for trial,
- has diligently investigated the case,
- and is prepared or will be prepared for trial within five days.
- A demand by the accused who does not satisfy these conditions can be stricken as invalid on motion by the prosecutor
23
Q
A Motion to Supress a Confession or admission illegally obtained must
A
- identify the statement to be suppressed and
- state the reasons for suppression,
- it must include a general statement of facts that constitute the basis for the motion
24
Q
when may a challange for cause of a juror be made?
A
before the panel is sworn by orally stating grounds for the challenge.
25
If the parties fail to comply with the discovery rules or court orders, then the court may:
i) Issue a compliance order;
ii) Grant a continuance;
iii) Grant a mistrial;
iv) Prohibit the party from calling a witness or introducing evidence that was not disclosed; or
v) Enter any other just order.
26
As part of discovery, the court may require a defendant to do the following :
i) **Appear** in a lineup;
ii) **Speak** for identification by a witness;
iii) Be fingerprinted;
iv) **Pose** for photographs not amounting to a reenactment;
v) **Try on** articles of clothing;
vi) Permit the taking of **samples** of the defendant’s **hair**, **blood**, and other reasonably obtained materials;
vii) **Provide** handwriting samples; and
viii) **Submit** to a **reasonable** physical or medical inspection.
27
the court may set the case for trial on the notice to appear without the need for an indictment or information IF
If the defendant enters a plea of not guilty
28
If a notice to appear is not issued and the person is arrested, then a booking officer may :
subsequently issue a notice to appear
**_as long as_**
1. a reasonable investigation is conducted
2. and
3. a determination is made that there is a likelihood that the person will appear as directed.
29
When must a notice of alibi be filed?
* not fewer than **10 days before trial** _upon demand of the prosecutor_, the defendant must :
1. file and
2. serve a **written** notice of any intention to claim an alibi.
30
An officer making an arrest with a warrant must :
1) inform the arrestee of the reasons for the arrest
and
2) that a warrant has been issued
UNLESS the arrestee first flees or forcibly resists.
31
When may a defendant waive his right to be present at any and all proceedings?
when procescuted for a misdemeanor
32
If the defendant’s trial is not commenced within the applicable time period, then the defendant may :
1. file with the court a separate pleading entitled “Notice of Expiration of Speedy Trial Time”
2. AND
3. serve a copy on the prosecuting authority.
* * NOTE : A notice filed before the expiration to the applicable time period is invalid.)
33
If a continuance is granted to one or more of several defendants, then...
the court MAY proceed with the trial of the defendants who **have not been granted a continuance.**
Fla. Stat. § 918.016.
34
When may a motion for new trial or arrest of judgment be made?
within 10 days after the verdict or the finding of guilt by the court
35
A defendant must file a motion to dismiss :
either
* before the arraignment
* or at the arraignment
**unless** the court in its discretion permits the defendant additional time to so file.
36
Can a demand for speedy trial be withdraw?
Not unless there is:
* order of the court,
* with consent of the prosecution
* or for good cause.
37
All depositions of **county** residents must be taken :
1. in the courthouse,
2. in an agreed upon location, or
3. in a court-designated location.
38
Exceptional circumstances do not include:
i) General congestion of the court’s docket;
ii) Lack of diligent preparation;
iii) Failure to obtain **available** witnesses, or
iv) Other avoidable or **foreseeable** **delays**.
39
When may the State or defendant file a motion for a continuance?
1. before the matter is set for trial
2. at the time that the matter is set for trial
**unless** good cause for failure to do so is otherwise shown.
40
A criminal trial proceeds in the following order:
The trial proceeds as follows:
(i) jury selection (voir dire);
(ii) the State presents its case;
(iii) the defense presents its case;
(iv) the State rebuts the defendant’s case;
(v) jury charge; and
(vi) three closing arguments (state, defendant, state’s rebuttal). Fla. Stat. §918.19; Fla. R. Crim. P. 3.381.
41
what is the effect of defendant filing a notice of discovery?
binds both the prosecutor and the defendant to all discovery procedures, including depositions.
42
A notice to appear may not be issued if :
1. (i) the person fails or refuses to identify himself,
2. (ii) the person fails or refuses to sign the notice,
3. (iii) the person has no ties to the community,
4. (iv) the person poses an unreasonable risk of bodily harm to himself or another,
5. (v) the person has previously failed to appear, or
6. (vi) the officer suspects that the person may be wanted in another jurisdiction.
43
If a court denies a discharge motion for failure of speedy trial for grounds other than the demand is invalid, then...
the court **must** schedule a trial, which **must** commence within 90 days of the order. Fla. R. Crim. P. 3.191(i).
44
The State MAY file a traverse or demur to a motion to dismiss that :
alleges factual matters
45
If a motion to supress evidence in an unlawful search is deemed legally sufficient by the court, then...
a hearing on the motion will be set.
Fla. R. Crim. P. 3.190(g).
46
the accused has the right to a speedy and public trial by an impartial jury WHEN?
In all criminal prosecutions punishable by imprisonment for more than six months,
47
May a defendant file an interlocutory appeal on an order to supress evidence?
NO
An order to suppress evidence is NOT a non-final order that the district courts of appeal may review by interlocutory appeal as provided by rules adopted by the Florida Supreme Court.
See State v. M.G., 550 So. 2d 1122 (Fla. Dist. Ct. App. 1989).
48
The only grounds upon which a court may grant a motion in arrest of judgment are:
i) The indictment or information is so defective that it will not support a judgment of conviction;
ii) The court lacks jurisdiction;
iii) The verdict is so uncertain that it does not appear that the jurors intended to convict the defendant of a charged offense; or
iv) The defendant was convicted of an offense that was improper under the information for which he was tried.
49
When making a warrantless arrest, a PO must :
INFORM the arrested party of
1. the officer’s AUTHORITY and
2. REASON for the arrest
UNLESS the person first flees or forcibly resists.
50
A deposition to perpetuate testimony may be recorded in advance on the motion of either side if:
51
A motion for change of venue must :
1. be in writing
2. accompanied by the affidavits of the **movant**
3. accompanied by the affidavits **two or more persons**
4. the affidavits **must set forth the facts** on which the motion is based
5. accompanied by a **certificate** by the movant’s counsel that the motion is **made in good faith**.
52
In general, a criminal prosecution must be tried in the county :
where the offense was committed
53
A lawful search warrant may be issued by :
any judge having JURISDICTION where the place, vehicle, or thing **to be searched is located**. Fla. Stat. § 933.01.
A judge may sign a search warrant electronically. Fla. Stat. § 933.07.
54
Will a person be released due to a defect in form of the warrant?
NO
55
A defendant is taken into custody when ...
* (i) arrested as a result of the conduct or criminal episode that gave rise to the crime charged or
* (ii) served with notice to appear in lieu of physical arrest. Fla. R. Crim. P. 3.191(d).
56
A police officer has a right to arrest without a warrant if
1. the person has **committed**
* a felony, misdemanor, OR violated municipal/county ordinance
2. the police officer has **probable cause**
* to believe that a person **has committed** a criminal act specified by STATUTE
* such as child abuse, domestic violence, or criminal racing.
57
Probable cause exists for
an arrest warrant
issue an arrest warrant when:
1) law enforcement knows of
2) sufficient facts and
3) circumstances
4) to cause a reasonably cautious person
5) to believe that the person accused committed an offense
6) within the issuing judge’s jurisdiction
58
when may a court grant a new trial or arrest judgment?
After a verdict has been rendered against the defendant
59
Who is not entitled to a demand for speedy trial?
* A person who is in federal custody
* incarcerated outside the jurisdiction of Florida
Such person is NOT entitled to Demand for Speedy Trial until:
1. the person **returns** or is returned to the jurisdiction of the court within which the charge is **pending**,
2. and **written** notice of the person’s return is **filed** with the court and **served** on the prosecutor.
60
Before accepting a defendant’s waiver of the right to counsel, the court must :
1. conduct a thorough inquiry into the accused's **comprehension** of the offer of representation by counsel
2. conduct a thorough inquiry into the accused's capacity to make a **knowing** and **intelligent** waiver of that offer.
3. before determining whether the waiver is knowing and intelligent, the court **_shall_** **advise** the defendant of the **disadvantages** and **dangers** of self-representation.
61
An arresting officer may issue a written notice to appear instead of physically arresting the offender IF
If a person commits a misdemeanor or municipal or county ordinance violation
62
Counsel does not have to be provided to an indigent person in a prosecution for
* a misdemeanor or
* violation of a municipal ordinance
**_IF_**
1. the judge files a written order of no incarceration, certifying that the defendant will not be incarcerated.
63
All factual matters that are not denied in the traverse :
are deemed admitted
64
A challenge for cause may be made if the juror:
i) Does not meet the r**equired legal qualifications;**
ii) Is of **unsound mind** or has a bodily defect that renders the juror incapable of performing juror duties;
iii) Has **conscientious beliefs** that would preclude the juror from finding the defendant guilty;
iv) **Served on the grand jury** that rendered the indictment or on the coroner’s jury that inquired into the death of the person subject to the information or indictment;
v) **Served on a jury formerly sworn** to try the defendant or another for the same offense or in a civil action for the same offense;
vi) Is an **adverse party to the defendant in a civil action** or has complained against or been accused by the defendant in a criminal prosecution;
vii) **Is related by blood or marriage within the third degree** to the _defendant_, a_n attorney on the case_, the _victim_, or the _complainant_ in the action;
viii) Has a state of mind with regard to the defendant, the case, or the person alleged to have been injured or on whose complaint the prosecution was instituted that prevents the juror from acting with impartiality;
ix) **Was a witness at the preliminary hearing** or the grand jury, or was a potential witness for trial; or
x) **Is a surety on the defendant’s bond**.
65
If one or two alternate jurors are called, each party is entitled how many preemptory challenges?
each party is entitled to **one additional** peremptory challenge **for each alternate juror,** which may only be used against the alternate juror.
In addition, the _other peremptory challenges_ **may not be used against an alternate juror.** Fla. R. Crim. P. 3.350(d).
66
a juror may not be excluded for the juror’s views regarding capital punishment unless
those views would “prevent or substantially impair the performance of his duties as a juror in accordance withhis instructions and his oath."
67
When must every arrested person must be taken before a judicial officer ?
within 24 hours of arrest **unless** previously lawfully released
68
If charged with a crime by indictment or information, the defendant may demand a trial :
* within 60 days
* by **filing** a separate **pleading** entitled “Demand for Speedy Trial” with the court
* and **serving** a copy on the prosecuting authority.
69
An accused is unavailable for trial if...
* the accused or the accused’s counsel **fails to attend a proceeding** at which **either's** presence is required by these rules,
* or the accused or counsel is **not ready for trial** on the date trial is scheduled.
70
Within 15 days after service of the Notice of Discovery, the prosecutor must ...
file a written “Discovery Exhibit”
71
At the calendar call for a demand for speedy trial, the court must :
set the case for trial to commence at a date no less than five and no more than 45 days from the call.
72
After receipt of a Def's notice for alibi, the state has X days to :
* five days after receipt of the defendant’s notice to
* provide the defense the names and addresses of any witnesses offered in rebuttal.
* * * Failure to do so can result in the exclusion of testimony by the rebuttal witness. Fla. R. Crim. P. 3.200.
73
When must a court hold a hearing for Notice of Expieration of Speedy Trial Time?
within FIVE (5) days of **filing**
74
A notice of alibi must contain :
The notice must contain
1. information about the place he claims to have been at the time of the offense,
2. the names of any alibi witnesses
3. addresses of any alibi witnesses.
75
Counsel generally must be appointed to the defendant at the first appearance and before any other proceedings at the first appearance **_IF_** :
1. If counsel is requested,
2. the judge determines that the accused is indigent, and
3. the offense is punishable by a jail sentence,
76
When is a person indigent?
A person is indigent if
1. the person is **unable** to pay for the services of an attorney, including the costs of investigation,
2. **without** substantial hardship
3. to the person **_or_** the person’s family.
77
HOW MUST Children under the age of 18 be deposed?
Children under the age of 18 must be deposed on videotape unless otherwise ordered by the court. Fla. R. Crim. P. 3.220(h).
78
All pretrial motions must
1. be in **writing**
2. **signed** by the moving party or the moving party’s attorney
3. **contain** the attorney’s or party’s address, phone number, primary and secondary e-mail addresses, and current Florida Bar registration number.
4. must **state** the grounds for the **basis** of the motion,
5. a **copy** must be **served** on the adverse party
79
If there are several defendants and an order is made removing the case on the application of one or more but not all of the defendants, then the defendants not removed...
1. must be tried in the county in which the cause is pending
2. all proceedings had against them in the county in which the cause is pending in all respects as if no order of removal had been made as to any defendant. Fla. R. Crim. P. 3.240.
80
A charging instrument is fundamentally defective when...
* A charging instrument is fundamentally defective
* “**only** where it **totally omits** an **essential** element of the crime or
* is s**o vague,** indistinct or indefinite that the **defendant is misled or exposed to double jeopardy**.”
81
For a motion to supress a confession or admission illegally obtained, the court MUST :
1. have a hearing
2. receive evidence on any issue of fact necessary to rule on the motion.
Fla. R. Crim. P. 3.190(h).
82
A traverse is :
a pleading that denies a material fact in the opposing party’s pleading or that presents additional facts that establish a prima facie case.
83
A Motion to Suppress evidence in an unlawful search must :
1. state the **evidence** to be suppressed
2. state the **reasons** for suppression,
3. it must include a general statement of the **facts** that **constitute** the **basis** for the motion
84
When may a defendant file a Notice of Discovery?
After the filing of the charging document
85
the state or the defendant may move for a **change of venue** :
1. IF filed not less than TEN (10) days before trial
AND
1. On the grounds that
2. a fair and impartial trial **cannot** be had in the county where the case is pending
3. For a reason OTHER THAN **because** of the interest and prejudice of the trial judge.
86
When a defendant is tried again due to:
* a mistrial or a new trial order issued by the trial court or by an appellate court
* THEN the defendant must be brought to trial...
Within 90 days of the date of EITHER:
* the declaration of the mistrial,
* the date on which the new trial order was granted by the trial court, or
* the date on which the trial court receives the mandate, order, or notice from the appellate court that makes a new trial possible.
87
* A motion for continuance must be accompanied by:
* The court has discretion to grant or deny the motion:
* a certificate of good faith and may include supporting affidavits.
* The court has discretion to grant or deny the motion based on good cause shown.
88
When must a waiver of counsel be renewed?
1. the offer of assistance of counsel **must** be renewed _by the court_ **at each subsequent stage** of the proceedings at which the defendant appears without counsel.
89
90
A defendant has been brought to trial (i.e., the trial has commenced) when ...
1. the jury panel has **been sworn for voir dire** examination,
2. or, if a j_ury trial has been waived,_ when trial proceedings begin before the judge.
* * Fla. R. Crim. P. 3.191(c).
91
Exceptional circumstances for extending a time period include:
i) Unexpected illness or incapacity or unforeseeable and unavoidable absence of a person whose presence or testimony is uniquely necessary for a full and adequate trial;
ii) A showing by the **_STATE_** that:
a) The case is so **unusual and complex**, because of the number of defendants or the nature of the prosecution or otherwise, that it is unreasonable to expect adequate investigation or preparation within the periods of time established by this rule; or
b) Specific **evidence or testimony is not available** despite diligent efforts to secure it, **but will become available** at a later time;
c) The accused has caused major delay or disruption of preparation of proceedings, as by preventing the attendance of witnesses or otherwise;
iii) A showing by the accused **_or_** the state of necessity for delay grounded on developments that **could not** have been **anticipated** **and** that will **materially** affect the trial; or
iv) A showing that a delay is **necessary** to **accommodate** a codefendant, when there is reason not to sever the cases to proceed promptly with trial of the defendant.
92
When may a motion for new trial or arrest judgment be amended?
the motion may be amended to state new grounds **without leave** of the court
within 10 days after the verdict or the finding of guilt by the court.
93
A Motion to Supress a Confession or admission illegally obtained must be made :
before trial
UNLESS
* the opportunity to do so did not exist or
* the defendant was not aware of the grounds for the motion
94
A defendant who is not brought to trial within 50 days of filing the speedy trial demand may...
be discharged from the crime
95
All depositions of Out-of-county residents should be deposed in :
1. a court reporter’s office in the county or state where the witness resides,
2. in an agreed-upon location, or
3. in a court-designated location.
96
A demurrer does not :
DOES NOT challenge the material facts alleged by the defendant,
BUT IT DOES aver that those facts establish a prima facie case.
97
A search warrant may be issued if :
the property
* is stolen,
* is embezzled,
* is used to commit any crime,
* constitutes evidence of a felony, or
* is otherwise possessed in violation of law.
98
When is an indigent defendant is **entitled** to the representation of counsel?
1. all adversarial criminal proceedings,
2. mental competency,
3. extradition,
4. post-conviction proceedings,
5. appeals from those proceedings.
99
If two or more defendants are jointly tried, then the state is entitled to how many preemptory challenges?
the state is entitled to as many challenges as are allowed to **all of the defendants combined**.
100
If a defendant knowingly shares in a codefendant’s discovery, then...
the defendant is deemed to have elected to participate in discovery and is bound by the discovery rules.
101
A time period may be extended, provided that the period of time has not expired, by:
i) **Stipulation**, announced to the court or signed by the party or counsel against whom the stipulation is sought to be enforced;
ii) Written or recorded **order** of the court on the court’s own **motion** or motion by either part in exceptional circumstances;
iii) Written or recorded **order** of the court **with good cause** shown by the accused;
iv) Written or recorded order of the court for a period of reasonable and necessary delay resulting from proceedings, such as an examination and hearing to determine the mental competency or physical ability of the defendant to stand trial, for hearings on pretrial motions, for appeals by the state, for DNA testing ordered on the defendant's behalf upon defendant's motion specifying the physical evidence to be tested, and for trial of other pending criminal charges against the accused; or
v) Administrative order issued by the chief justice suspending the speedy trial procedures.
102
What does not constitue a waiver of waiver of counsel?
1. The mere failure of a defendant to request appointment of counsel or
2. the announced intention of a defendant to plead guilty does not, in itself, constitute a waiver
103
A party may take an oral deposition of any opposing party’s witness with the following exceptions:
i) **No party** may take the deposition of
* a **ministerial** witness,
* a witness that the prosecutor **does not intend to call at tria**l, and
* one whose involvement with and knowledge of the case **is fully set out in a police report** (Category C witness) unless the court finds that there is good cause to do so; and
ii) Depositions are **not permitted in misdemeanor or criminal traffic cases** IF all discovery rules have otherwise been complied with and unless good cause is shown to the trial court.
104
An arrest warrant must :
1. be in writing
2. signed by the judge
3. state the name of "State of Florida
4. set forth the nature of the offense
5. the name of the person to be arrested
6. a picture if possible
7. the date issued
8. county where issued
9. amount of bail
10. the return date
105
Who must receive notice of a first appearance?
1. The prosecutor and
2. public defender must be notified of the first appearance
3. and
4. must send a representative to the appearance **_unless_** private counsel has been retained.
106
all response pleadings must :
107
How may a defendant waive right to speedy and public trial for crimes punishable by inmprisonment of more than 6mo?
A defendant may waive this right **in writing** **_with the State’s consent_**. Fla. Const. Art. I, §§ 16(a)
108
Failure to provide timely notice of an alibi defense can result in :
the exclusion of alibi evidence
**_except_** for the defendant’s own testimony
109
If counsel or a party has a willful violation of the discovery rules, then the court :
* the court may
1. initiate contempt proceedings and
2. assess incurred costs upon the party.
110
At the calendar call for demand of a speedy trial, the court must..
* set the case for trial
* + 5 days after calendar call or
* +45 days after calendar call
*
(**Note**: The failure to hold a calendar call _does not interrupt the running of any time periods_.)
111
If the court finds that there is no excuse for the delay after “Notice of Expiration of Speedy Trial Time” , then...
then the defendant must be brought to trial within TEN (10) days.
112
A written Discovery Exhibit by the state must disclose :
the following items in the **State’s possession or contr**ol:
i) Names, addresses, and statements (written, adopted by, or included in police reports) **of all persons with relevant information to the charged offense** (Category A witnesses, including informant witnesses, regardless of whether in custody, who offer testimony concerning the statements of a defendant about the issues for which the defendant is being tried);
ii) Any written, recorded, and substance of oral **statements made by the defendant or codefendants**;
iii) Portions of **recorded grand jury minutes** containing the defendant’s testimony;
iv) Any tangible papers or objects obtained from or belonging to the defendant or, in the alternative, not belonging to the defendant;
v) Any **information attributable to a confidential informant**;
vi) Any utilized **electronic surveillance devices**;
vii) **Experts**’ reports or statements;
viii) Any items that could be tested for DNA; and
ix) Any items to negate the guilt of the defendant (i.e., **exculpatory evidence**).
113
A Motion to Suppress evidence in an unlawful search must be made :
before trial
**_UNLESS_**
1. the opportunity to do so **did not exist** or
2. the defendant **was not aware of the grounds** for the motion.
