Criminal Procedure

Question 1

Defendant was arrested on March 1. A non-adversary probable cause determination hearing was held on March 3, and probable cause was found. On March 6, Defendant filed a written demand for speedy trial. On March 8, the state attorney filed an information charging Defendant with two felonies arising from the same incident. Which of the following statements is correct?

Answer 1

Defendant must be tried within 175 days of arrest.

Question 2

Bradley, a Florida resident, is charged with embezzling $10,000 from his employer. He has not committed any previous crimes, has no family elsewhere, and has never traveled more than 200 miles from his current home. A judge in charge of setting his bail sets Bradley’s bail at $250,000 and allows his release. Bradley’s attorney believes that this is an inappropriate amount. What is not a purpose that bail serves?

Answer 2

Causing the accused to remain in jail while awaiting trial.

Question 3

A defendant charged with aggravated assault, a third-degree felony, is entitled to pretrial release unless:
I. Proof of guilt is evident and the presumption is great.
II. The release will not reasonably protect the community from physical harm to persons.
III. The defendant is a serious flight risk.

Answer 3

II and III.

Question 4

If a defendant is arrested for a misdemeanor on May 1, when must trial commence?

Answer 4

Within 90 days of May 1.

Question 5

Accused has been arrested and has not been released. Which of the following statements is correct?

Answer 5

Accused must be taken before a judicial officer for a first appearance within 24 hours of arrest or the state must release Accused.

Question 6

Which of the following is not a proper subject of inquiry by the judge when determining pretrial release?

Answer 6

The defendant’s prior arrest for a charge that was dismissed.

Question 7

Matt was arrested for armed robbery on August 1, 2014. On order of the court, Matt was held in custody without bail. The prosecutor has not filed charges. According to Florida law, which of the following is true?

Answer 7

If the prosecutor shows good cause on the 30th day after Matt’s arrest, he may obtain a continuance to the 40th day.

Question 8

Roberta is charged with first-degree murder after allegedly killing her husband. After the trial has begun, Sam, a confidential informant, approaches the prosecutor and discloses that Sam’s cellmate bragged to Sam about killing Roberta’s husband. Is the prosecutor required to disclose this information to the defense?

Answer 8

Yes, because the prosecutor would have been required to disclose this information during discovery, had it been known.

Question 9

Which of the following grounds supports a motion to suppress evidence?

Answer 9

All of the answer choices.

Question 10

A defendant is entitled to bail before trial under the Florida Rules of Criminal Procedure and the Florida Constitution:

Answer 10

As a matter of right unless charged with a capital offense, or an offense punishable by life imprisonment, where the “proof of guilt is evident or the presumption is great.”

Question 11

Every person charged with a felony by information is entitled to:

Answer 11

None of these.

Question 12

Defendant was arrested on March 1. A nonadversary probable cause determination hearing was held on March 3, and probable cause was found. On March 6, the state attorney filed an information charged Defendant with two felonies arising from the same incident. On March 8, Defendant filed a written demand for speedy trial. Which of the following statements is correct?

Answer 12

Defendant must be tried within 50 days of the date of filing the written demand for speedy trial.

Question 13

During voir dire in the trial of Accused, defense counsel challenges Jane Juror for cause because of Juror’s personal beliefs, which counsel feels will bias her against Accused. Which of the following is an accurate statement regarding whether the trial judge should excuse Jane Juror for cause?

Answer 13

Juror should be excused for cause if her personal beliefs cause prejudice that would prevent her from being able to render an impartial verdict.

Question 14

Morris has been properly charged with a felony offense and is scheduled for trial on June 12. Morris’s friend, Ralph, agrees to testify that Morris was with him at the time the crime was committed and not at the scene of the crime. Morris’s attorney asserts an alibi defense. If the prosecution demands notice of the defense, Morris’s answer must give which of the following information?
I. Ralph’s name and address.
II. Morris’s location at the time of the crime.
III. Morris’s activities at the time of the crime.

Answer 14

I and II only.

Question 15

Travis is on trial for murdering his ex-girlfriend, Gina, in her apartment. Prior to trial, the prosecution obtains a copy of a video tape which shows a young woman entering Gina’s apartment building shortly before the time she was killed, and leaving one hour later with what appears to be blood on her clothes. With regard to the video, what must the prosecution do?

Answer 15

Provide it to Travis as soon as possible after the charging document is filed, even if he does not request it.

Question 16

Under what circumstances is a criminal defendant entitled to an adversary preliminary hearing?

Answer 16

The defendant is not charged in an information or an indictment within 21 days from the date of arrest on a felony charge.

Question 17

Tony is a 20-year old artist who frequents a local coffee shop in his Florida town. Usually, Tony orders one tall cup of coffee in the morning and then spends the rest of the day at the coffee shop without making any additional purchases. It is not uncommon for Tony to spread his artwork out over several tables in the coffee shop while working on them. Tony also talks loudly to himself while working, often using profanity. Customers have been complaining about Tony and management finally asks him not to return to the coffee shop. Angered, Tony vandalizes the coffee shop in the middle of the night. He is arrested the next morning and held for 30 days without being charged. Which of the following is correct regarding the state’s failure to charge Tony after his arrest?

Answer 17

The state must either file charges against Tony within 30 days or obtain a 10-day continuance, or Tony is entitled to immediate release.

Question 18

Kirk was indicted for the crime of embezzlement in the state of Florida. Confident that he would be acquitted and convinced that any delay in the trial of the case would only benefit the prosecution, Kirk was determined that his trial commence as soon as possible, and he decided to file a demand for a speedy trial. What effect will the filing of a demand for a speedy trial have on Kirk’s case?

Answer 18

By making a demand for a speedy trial, Kirk agrees that he will be ready for trial within five days.

Question 19

Officer Smith observes Arnold murder Victor. Smith immediately places Arnold under arrest. 48 hours after the arrest, Arnold is taken before a judge for a probable cause determination. It is not true that

Answer 19

The defendant should be immediately released

Question 20

Tom was arrested and charged with trafficking in counterfeit credit cards. A close friend hired an attorney for him and, after consulting with Tom, the attorney filed a Notice of Discovery. As a result, the prosecutor is not required to:

Answer 20

Demand a Notice of Alibi.

Question 21

Unless previously released, an arrestee must appear before a judicial officer within:

Answer 21

24 hours, including weekends

Question 22

Defendant was released after posting bail following his initial appearance before the magistrate. As part of his release conditions, he was ordered to remain in his home at all times except to go to his part-time job. If the defendant is not formally charged after 21 days

Answer 22

The court must conduct a preliminary hearing.

Question 23

George was arrested for armed robbery on August 1, 2014. On order of the court, George was held in custody without bail. The prosecutor has not filed charges. According to Florida law:

Answer 23

if the prosecutor shows good cause on the 30th day after George’s arrest, she may obtain a continuance to the 40th day.

Question 24

Which of the following statements is incorrect regarding a criminal defendant’s right to pretrial release?

Answer 24

The state may not offer a statement of the victim in a hearing on defendant’s pretrial release.

Question 25

Emily has been charged with larceny in Florida. She is innocent and therefore refuses to accept any kind of plea bargain from the prosecutor. Rather, Emily believes that when she has “her day in court,” the truth will prevail, and she will be found not guilty. Emily wants to leave Florida as soon as possible to do mission work in Africa. Therefore, she seeks a speedy trial. Which of the following is correct?

Answer 25

By making her demand for a speedy trial, Emily is agreeing that she will be ready for trial in five days.

Question 26

Jones, an attorney, represents the defendant, Nina, in her kidnapping trial. During the voir dire process, Jones seeks to strike Jane from the pool of jurors because Jones’s instinct tells her that Jane would not judge Nina fairly. Jane is an African-American woman. Regarding her challenge to strike Jane as a juror, Jones

Answer 26

may use a peremptory challenge, as long as the challenge is not based on Jane’s race.

Question 27

The prosecutor filed a charging document against Mary for her alleged participation in several crimes. As a result of the pending prosecution:

Answer 27

Mary may elect to participate in the discovery process.

Question 28

Alan is on trial for robbery in Florida. At Alan’s first meeting with his defense attorney, he tells the attorney that he did not commit the crime and that he has an alibi. Alan’s alibi is that he was spending a romantic evening at home with his brother’s wife. Although Alan does not want to reveal this information, his attorney convinces him that it is his best defense. Alan agrees to present his alibi, even if it destroys his relationship with his brother. The prosecutor has made a written demand that Alan file and serve a written notice of an intention to claim an alibi. Which of the following is correct?

Answer 28

Alan must specifically state that he was at his home at the time of the alleged offense.

Question 29

Casey was charged with second degree murder for the killing of her husband. A week before the trial, Casey wishes to talk about a possible plea bargain with the prosecutor. Defense counsel notifies the trial judge that the defendant would like the judge to participate in the plea bargaining process. The judge:

Answer 29

must be invited by both parties.

Question 30

The police execute a warrant that allows them to seize a safe deposit box in Emma’s apartment. When executing the warrant, however, police take a number of packing boxes as well as the described safe deposit box. The packing boxes contain illegal drugs, which the prosecution intends to use as evidence against Emma at trial. If Emma wants to suppress the evidence, she should:

Answer 30

make a motion to suppress the evidence prior to trial.