Crim Pro

Question 1

A pending motion for discharge may be denied if:

Answer 1

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

Question 2

A motion to take a deposition to perpetuate testimony generally must be filed :

Answer 2

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).

Question 3

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 ..

Answer 3

• 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.

Question 4

How can a new trial motion be made?

Answer 4

• 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.

Question 5

Each party is entitled to how many preemptory juror challenges?

Answer 5

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).

Question 6

If a Defendant is not brought to trial within 10 days of “Notice of Expiration of Speedy Trial Time” hearing, then…

Answer 6

• the case must generally be discharged.

The discharge bars prosecution of

1. the crime charged AND
2. 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.

Question 7

If the State files a traverse that denies the alleged facts, then a MTD for lack of factual matters :

Answer 7

A motion to dismiss for lack of factual matters must be denied

Question 8

Counsel may also be appointed for a defendant who is partially indigent IF

Answer 8

the defendant absorbs the costs of representation to the extent the defendant is able to without substantial hardship.

Question 9

For due process purposes, a defendant must be present during :

Answer 9

• 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.

Question 10

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)

Answer 10

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.

Question 11

Can a motino for continuance be made after demand for speedy trial?

Answer 11

• 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

1. arise after the demand is filed and
2. could not reasonably have been anticipated

Question 12

The court may entertain a motion to dismiss at any time on the grounds that :

Answer 12

• 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.

Question 13

Within five days of the filing of the “Demand for Speedy Trial” , the court :

Answer 13

the court must hold a calendar call

Question 14

A pretrial motion to dismiss must :

Answer 14

• 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

Question 15

The court must hold a calendar call within X days of a defendant filing a motion for speedy trial.

Answer 15

5 days

Question 16

All search warrants must :

Answer 16

• 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.

Question 17

At first appearance, The judge must provide the accused with _________ and advise the accused of:

Answer 17

1. The judge must provide the accused with a copy of the complaint
   * The judge must advise the accused
2. (i) of the charges against him including an alleged violation of probation or community control,
3. (ii) of the right to remain silent,
4. (iii) that anything he says may be used against him,
5. (iv) of the right to counsel, and
6. (v) of the right to communicate with counsel, family, or friends.

Question 18

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:

Answer 18

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.

Question 19

The court generally must grant a new trial if any of the following is established:

Answer 19

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

1. the defendant could not have discovered with reasonable diligence
2. that, if introduced at trial, would have changed the verdict or finding of the court.

Question 20

Every person charged with a crime must generally be brought to trial within :

Answer 20

• MISDEMEANOR - within 90 days of arrest for a misdemeanor
• FELONY - within 175 days of arrest for a felony.

Question 21

How may a defendant waive the right to counsel?

Answer 21

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

Question 22

A demand for speedy trial constitutes a…

Answer 22

• 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

Question 23

A Motion to Supress a Confession or admission illegally obtained must

Answer 23

1. identify the statement to be suppressed and
2. state the reasons for suppression,
3. it must include a general statement of facts that constitute the basis for the motion

Question 24

when may a challange for cause of a juror be made?

Answer 24

before the panel is sworn by orally stating grounds for the challenge.

Question 25

If the parties fail to comply with the discovery rules or court orders, then the court may:

Answer 25

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.

Question 26

As part of discovery, the court may require a defendant to do the following :

Answer 26

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.

Question 27

the court may set the case for trial on the notice to appear without the need for an indictment or information IF

Answer 27

If the defendant enters a plea of not guilty

Question 28

If a notice to appear is not issued and the person is arrested, then a booking officer may :

Answer 28

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.

Question 29

When must a notice of alibi be filed?

Answer 29

• 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.

Question 30

An officer making an arrest with a warrant must :

Answer 30

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.

Question 31

When may a defendant waive his right to be present at any and all proceedings?

Answer 31

when procescuted for a misdemeanor

Question 32

If the defendant’s trial is not commenced within the applicable time period, then the defendant may :

Answer 32

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.)

Question 33

If a continuance is granted to one or more of several defendants, then…

Answer 33

the court MAY proceed with the trial of the defendants who have not been granted a continuance.

Fla. Stat. § 918.016.

Question 34

When may a motion for new trial or arrest of judgment be made?

Answer 34

within 10 days after the verdict or the finding of guilt by the court

Question 35

A defendant must file a motion to dismiss :

Answer 35

either

• before the arraignment
• or at the arraignment

unless the court in its discretion permits the defendant additional time to so file.

Question 36

Can a demand for speedy trial be withdraw?

Answer 36

Not unless there is:

• order of the court,
• with consent of the prosecution
• or for good cause.

Question 37

All depositions of county residents must be taken :

Answer 37

1. in the courthouse,
2. in an agreed upon location, or
3. in a court-designated location.

Question 38

Exceptional circumstances do not include:

Answer 38

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.

Question 39

When may the State or defendant file a motion for a continuance?

Answer 39

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.

Question 40

A criminal trial proceeds in the following order:

Answer 40

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.

Question 41

what is the effect of defendant filing a notice of discovery?

Answer 41

binds both the prosecutor and the defendant to all discovery procedures, including depositions.

Question 42

A notice to appear may not be issued if :

Answer 42

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.

Question 43

If a court denies a discharge motion for failure of speedy trial for grounds other than the demand is invalid, then…

Answer 43

the court must schedule a trial, which must commence within 90 days of the order. Fla. R. Crim. P. 3.191(i).

Question 44

The State MAY file a traverse or demur to a motion to dismiss that :

Answer 44

alleges factual matters

Question 45

If a motion to supress evidence in an unlawful search is deemed legally sufficient by the court, then…

Answer 45

a hearing on the motion will be set.

Fla. R. Crim. P. 3.190(g).

Question 46

the accused has the right to a speedy and public trial by an impartial jury WHEN?

Answer 46

In all criminal prosecutions punishable by imprisonment for more than six months,

Question 47

May a defendant file an interlocutory appeal on an order to supress evidence?

Answer 47

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).

Question 48

The only grounds upon which a court may grant a motion in arrest of judgment are:

Answer 48

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.

Question 49

When making a warrantless arrest, a PO must :

Answer 49

INFORM the arrested party of

1. the officer’s AUTHORITY and
2. REASON for the arrest

UNLESS the person first flees or forcibly resists.

Question 50

A deposition to perpetuate testimony may be recorded in advance on the motion of either side if:

Question 51

A motion for change of venue must :

Answer 51

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.

Question 52

In general, a criminal prosecution must be tried in the county :

Answer 52

where the offense was committed

Question 53

A lawful search warrant may be issued by :

Answer 53

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.

Question 54

Will a person be released due to a defect in form of the warrant?

Answer 54

NO

Question 55

A defendant is taken into custody when …

Answer 55

• (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).

Question 56

A police officer has a right to arrest without a warrant if

Answer 56

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.

Question 57

Probable cause exists for

an arrest warrant

Answer 57

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

Question 58

when may a court grant a new trial or arrest judgment?

Answer 58

After a verdict has been rendered against the defendant

Question 59

Who is not entitled to a demand for speedy trial?

Answer 59

• 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.

Question 60

Before accepting a defendant’s waiver of the right to counsel, the court must :

Answer 60

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.

Question 61

An arresting officer may issue a written notice to appear instead of physically arresting the offender IF

Answer 61

If a person commits a misdemeanor or municipal or county ordinance violation

Question 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

Answer 62

1. the judge files a written order of no incarceration, certifying that the defendant will not be incarcerated.

Question 63

All factual matters that are not denied in the traverse :

Answer 63

are deemed admitted

Question 64

A challenge for cause may be made if the juror:

Answer 64

i) Does not meet the required 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.

Question 65

If one or two alternate jurors are called, each party is entitled how many preemptory challenges?

Answer 65

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).

Question 66

a juror may not be excluded for the juror’s views regarding capital punishment unless

Answer 66

those views would “prevent or substantially impair the performance of his duties as a juror in accordance withhis instructions and his oath.”

Question 67

When must every arrested person must be taken before a judicial officer ?

Answer 67

within 24 hours of arrest unless previously lawfully released

Question 68

If charged with a crime by indictment or information, the defendant may demand a trial :

Answer 68

• within 60 days
• by filing a separate pleading entitled “Demand for Speedy Trial” with the court
• and serving a copy on the prosecuting authority.

Question 69

An accused is unavailable for trial if…

Answer 69

• 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.

Question 70

Within 15 days after service of the Notice of Discovery, the prosecutor must …

Answer 70

file a written “Discovery Exhibit”

Question 71

At the calendar call for a demand for speedy trial, the court must :

Answer 71

set the case for trial to commence at a date no less than five and no more than 45 days from the call.

Question 72

After receipt of a Def’s notice for alibi, the state has X days to :

Answer 72

• 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.

Question 73

When must a court hold a hearing for Notice of Expieration of Speedy Trial Time?

Answer 73

within FIVE (5) days of filing

Question 74

A notice of alibi must contain :

Answer 74

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.

Question 75

Counsel generally must be appointed to the defendant at the first appearance and before any other proceedings at the first appearance IF :

Answer 75

1. If counsel is requested,
2. the judge determines that the accused is indigent, and
3. the offense is punishable by a jail sentence,

Question 76

When is a person indigent?

Answer 76

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.

Question 77

HOW MUST Children under the age of 18 be deposed?

Answer 77

Children under the age of 18 must be deposed on videotape unless otherwise ordered by the court. Fla. R. Crim. P. 3.220(h).

Question 78

All pretrial motions must

Answer 78

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

Question 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…

Answer 79

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.

Question 80

A charging instrument is fundamentally defective when…

Answer 80

• A charging instrument is fundamentally defective
• “only where it totally omits an essential element of the crime or
• is so vague, indistinct or indefinite that the defendant is misled or exposed to double jeopardy.”

Question 81

For a motion to supress a confession or admission illegally obtained, the court MUST :

Answer 81

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).

Question 82

A traverse is :

Answer 82

a pleading that denies a material fact in the opposing party’s pleading or that presents additional facts that establish a prima facie case.

Question 83

A Motion to Suppress evidence in an unlawful search must :

Answer 83

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

Question 84

When may a defendant file a Notice of Discovery?

Answer 84

After the filing of the charging document

Question 85

the state or the defendant may move for a change of venue :

Answer 85

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.

Question 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…

Answer 86

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.

Question 87

• A motion for continuance must be accompanied by:
• The court has discretion to grant or deny the motion:

Answer 87

• 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.

Question 88

When must a waiver of counsel be renewed?

Answer 88

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.

Question 90

A defendant has been brought to trial (i.e., the trial has commenced) when …

Answer 90

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).

Question 91

Exceptional circumstances for extending a time period include:

Answer 91

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.

Question 92

When may a motion for new trial or arrest judgment be amended?

Answer 92

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.

Question 93

A Motion to Supress a Confession or admission illegally obtained must be made :

Answer 93

before trial

UNLESS

• the opportunity to do so did not exist or
• the defendant was not aware of the grounds for the motion

Question 94

A defendant who is not brought to trial within 50 days of filing the speedy trial demand may…

Answer 94

be discharged from the crime

Question 95

All depositions of Out-of-county residents should be deposed in :

Answer 95

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.

Question 96

A demurrer does not :

Answer 96

DOES NOT challenge the material facts alleged by the defendant,

BUT IT DOES aver that those facts establish a prima facie case.

Question 97

A search warrant may be issued if :

Answer 97

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.

Question 98

When is an indigent defendant is entitled to the representation of counsel?

Answer 98

1. all adversarial criminal proceedings,
2. mental competency,
3. extradition,
4. post-conviction proceedings,
5. appeals from those proceedings.

Question 99

If two or more defendants are jointly tried, then the state is entitled to how many preemptory challenges?

Answer 99

the state is entitled to as many challenges as are allowed to all of the defendants combined.

Question 100

If a defendant knowingly shares in a codefendant’s discovery, then…

Answer 100

the defendant is deemed to have elected to participate in discovery and is bound by the discovery rules.

Question 101

A time period may be extended, provided that the period of time has not expired, by:

Answer 101

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.

Question 102

What does not constitue a waiver of waiver of counsel?

Answer 102

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

Question 103

A party may take an oral deposition of any opposing party’s witness with the following exceptions:

Answer 103

i) No party may take the deposition of

• a ministerial witness,
• a witness that the prosecutor does not intend to call at trial, 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.

Question 104

An arrest warrant must :

Answer 104

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

Question 105

Who must receive notice of a first appearance?

Answer 105

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.

Question 106

all response pleadings must :

Question 107

How may a defendant waive right to speedy and public trial for crimes punishable by inmprisonment of more than 6mo?

Answer 107

A defendant may waive this right in writing with the State’s consent. Fla. Const. Art. I, §§ 16(a)

Question 108

Failure to provide timely notice of an alibi defense can result in :

Answer 108

the exclusion of alibi evidence

except for the defendant’s own testimony

Question 109

If counsel or a party has a willful violation of the discovery rules, then the court :

Answer 109

• the court may

1. initiate contempt proceedings and
2. assess incurred costs upon the party.

Question 110

At the calendar call for demand of a speedy trial, the court must..

Answer 110

• 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.)

Question 111

If the court finds that there is no excuse for the delay after “Notice of Expiration of Speedy Trial Time” , then…

Answer 111

then the defendant must be brought to trial within TEN (10) days.

Question 112

A written Discovery Exhibit by the state must disclose :

Answer 112

the following items in the State’s possession or control:

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).

Question 113

A Motion to Suppress evidence in an unlawful search must be made :

Answer 113

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.