FCP Flashcards
Warranty Defects - Still Enforceable?
Yes, defects (even really bad ones like name) can be remedied by the judge.
Search Warrant Life
10 days
Cellphone Stopping - Specific Areas
School zones, active work zone, school crossing.
Pre-Arrest Silence Admissibility
Not in Florida
NTA cannot be issued when:
(i) Refuse/Fail to Identify Self; (ii) Refuse to sign; (iii) no ties to the community; (iv) unreasonable risk of bodily harm to self/others; (v) previous FTA; (vi) person may be wanted in another jurisdiction.
Every arrested person must be _____
Taken before a judicial officer within 24hrs unless previously lawfully released.
Information provided to the accused:
(i) charges; (ii) full Miranda; (iii) right to communicate with friends/family/counsel.
First Appearance Waiver to Counsel
Waiver here only serves as a waiver at F/A, not anywhere else. ( also requires the write and sign this waiver)
Pre-Trial Release for Capital/Life Offenses
If proof of guilt is evident/presumption is great then party not eligible for PTR.
No Pre-Determined Bond When
Arrest Warrant for H & R after previous conviction for H & R; DUI; driving under felony rev (HTO); racing.
Denial of Pre-Trial Release (PTR) entitles
Challenge for Habeus Corpus with Appellate Court
Non-Adversary Probable Cause Determination
In Custody: Must take place within 48 hours unless warrant issued by judge. Can be extended out for two 24hr periods.
Out of Custody: Def can file motion with state for review within 21 days. Judge then has 7 days to review.
Days from arrest to file charges:
30 days for in custody def.
If no charges for in custody after 30 days:
Not the same as days to try case.
Def gets RoR’d on 33rd day unless formal charges are fired; or (ii) if state shows good cause then holds def 40 days.
Capital Crimes require ______ for filing:
Indictment. Other crimes MAY be prosecuted by indictment.
Charging Doc Req’s
Plain, concise, definite written statement. Degree need not be specified.
Indictment Doc Requirements
Signed by Grand Jury foreman, or SA/ASA who advised GJ. Information signed by SA/ASA. Objections to charging doc signing has to be plead before merits (Same as Civ Pro)
Statement of Particulars failure
Def can seek court order for prosecutor to furnish statement of particulars
Information Amendment
Anytime prior to trial or during trial if no prejudice to defense exists.
Defective Charging Document not grounds for ______
Dismissal UNLESS doc is so “Vague, indistinct, and indefinite as to mislead the accused and embarass them in the prep of a defense or expose the accused after conviction/acquittal to subt. danger of a new prosecution for the same offense.”
Joinder of Offenses
Can join both as long as they’re based on the same act, same transaction, or interconnected acts.
Joinder of Defendants
Requires that each defendant is charged with: (i) accountability for each offense charged; (ii) conspiracy or acts related to the conspiracy; (iii) offenses that were part of a common scheme or plan if conspiracy is not charged.
Arraignment Presence by Defendant
Required unless repped by counsel and lawyer files a plea of not guilty at/before arraignment.
Seeking Death Penalty Req’s
State has to file notice within 45 days of arraignment1
Plea Acceptance
Until accepted by judge, def can withdraw plea at any time. Judge who doesn’t agree with plea can also force withdrawal,
Guilty or No Contest Plea Withdrawal after Sentencing without Reserving Right to Appeal.
Within 30 days of sentencing if: (i) trial court lacked SMJ; (ii) plea agreement was violated; (iii) def’s plea was involuntary; (iv) sentencing error occurred.
Motion to Suppress Unlawful Search
(i) seized illegally without warrant; (ii) warrant was insufficient; (iii) seized property was not described in the warrant; (iv) no PC for grounds on issued warrant; (v) warrant was illegally executed.
Venue Change Timing
Not less than 10 days before case is called to trial.
Venue Change Requirements (not timing)
(i) affidavits of movant + two or more persons setting forth motion based facts; (ii) certificate by movant’s counsel that motion is made in good faith.
Speedy Trial Timing without Demand
Within 90 days of arrest for Misd; 175 for Felony (175 if combined)
Trial timing with Speedy Trial Demand
50 days to start trial, file notice. 5 days to hearing. If no trial within 10 days after (65) total, can be discharged. 65 total
Speedy Trial Procedure
Court must set trial no less than 5, no more than 45 days from call. Def not brought to trial within 50 days MAY be discharged. Def needs bona fide reason for demand and screwing around can have the state strike the motion. Demand cannot be withdrawn except bon order of the court with consent of prosecution/good cause.
No ten day extension. This only deals with the initial demand.
Prisoner Outside Jurisdiction Speedy Demand
Can’t do it until brought into Florida jurisdiction
Def is officially brought to trial when:
Jury sworn in or trial beings before judge on bench trial.
Expiration of Speedy Trial
Pleading for Notice of Expiration of Speedy Trial Time - Hearing within five days after service. I no excuse for delay, then trial must begin within 10 days. - Then, discharge can occur which bars prosecution from same and connected charges.
Speedy Trial Failure Exceptions for Prosecutor
(i) extension has been ordered and not expired; (ii) Defendant or Codefendant caused the delay; (iii) accused unavailable for trial; (iv) invalid demand.
Time Period Extension for Trial NON-EXCEPTIONAL circumstances
(i) general congestion; (ii) failures to obtain available witnesses; (iii) lack of diligent prep; (iv) other foreseeable/avoidable delays.
Alibi Notice Timing
10 days before trial UPON prosecutor’s demand. Prosecutor then has 5 days to offer rebuttal witnesses. (failure for defense to do so can result in exclusion of testimony by rebuttal witnesses).
Incompetence Timing
Hearing on matter no later than 20 days after motion filing. - Examination by NO MORE THAN THREE EXPERTS PRIOR TO HEARING.
If Def found Incomp prior to trial
Court MAY order def to outpatient treatment or commitment for treatment.
Insanity Defense Timing
No later than 15 days after arraignment or filing of not-guilty. Exception if no notice, then court may give 10 days to give notice.
Insanity - Not Guilty Verdict Consequences:
(i) Committed to DCF; (ii) Outpatient treatment; or (iii) Discharge.
Discovery - CoDefendant Uses.
If one Def uses the other Def’s then they’re considered to have participated in Disco.
Disco - Prosecutor’s Obligations
Must file Disco exhibit within 15 days of notice. Def has same timing (15 days). Pros has to turn over CI info. Both sides have to turn over names AND addresses.
No Depos on:
Ministerial Witnesses (unless court allows otherwise)/ Witnesses not called at trial; or in cases of misd or traffic.
Jury Trial Applies for Sentences longer than
6 months (speedy trial also)
How many Jurors
6; Capital 12.
How many Peremptory Challenges
3 Misd; 6 Felony; 10 Capital/Death. Multiple Def’s get same amount (so two codef’s get 20 total; with pros also getting 20 to balance)
How many Peremptory per alternates?
One per alternate (doesn’t affect original pool).
Jury Polling Timing
Can’t do it after jury has been discharged
Jurors get all evidence EXCEPT
Depos (They can’t take them).
New Trial Motion Timing - Crim
10 days after verdict (can also include no hearing just for penalty phase)
Court MUST grant new trial when:
(i). Jurors decided by Lot; (ii) verdict is contrary to the law or the weight of the evidence; (iii) New material evidence emerged that def could not have discovered with reasonable diligence and would have changed verdict.
Court MUST grant new trial when if defendant’s substantial rights were prejudiced AND:
(i) Def was not present at trial and his presence was required; (ii) jury received unauthorized evidence out of court; (iii) jurors separated after retiring to deliberate without leave of court; (iv) juror/ prosecutor guilty of misconduct; (v) court erred in deciding a matter of law during trial; (vi) court erroneously instructed the jury on a matter of law or refused to give a requested/proper instruction; (vii) any other cause that didn’t cause that led def to not receive fair/impartial trial.
Motion for arrest of judgment WHEN:
(i) Defective information/indictment; (ii) court lacks jurisdiction; (iii) verdict so uncertain that it does not appear that the jurors intended to convict; (iv) Def was convicted of improper offense for info charged.
Pre-Sentence Report When:
First felony or felony when under the age of 18. PSI includes mental health problems, school records, family background.
Pregnancy Determination
Needs three experts and this will suspend death sentence until after pregnancy.
Motion to Vacate/Set Aside/Correct Sentence
Excessive sentence - Anytime – (i) jurisdiction; (ii) unconstitutional; (iii) involuntary.
Death penalty: One year
All others: two
Surpassing Time Limits to File Motion for New Trial Pulls the case out of the court’s:
Jurisdiction
