First Appearance and Pre-Trial Release Flashcards
When is a first appearance nececary?
after arrest , 24 hours from arrest to appeance (should not exceed this time.
What happens at first appearance?
Judicialofficer informes D of charges and provides a copy of the complaint. They asso get advice of rights.
What is advice of rights?
The Right to be quiet, anything said can be used against them, right to counsel, counsel will be appointed if they cant afford it, D is entitled to commuicate with counel family and friends, and if necessary reasonable means witll be provided for you to communicate with them. Like Miranda plus.
What happens if the D wants a retained counsel to appear at first appearance?
The court gives them time to get there and the D and his counsel are allwed to meet.
How does a person waive a right to counsel for a first appearance?
They have to have it in writing, and have their signature, and have the date. IT must state taht it is limited to the first appeareance.
What does Pre-trial release mean?
This is where the condititons of release from detention are discussed.
What is the state constitutional statndaed for pre-trial release?
Declaratio of rights says: Unless charegd with a capiatl offense or punishible by life in prision and the proff of guilt i evedent or presumption is greate:
every person charged with a crime or violation of an ordainace shall be entitled to pre-trial relase on resaonable conditions. If no condion can reasonabley protect the public from risk of phiscal harm to persons, ensure the presence of the accused at trial and ensure the integrity of the judicial process…then the accused may be detained.
What are the Two exceptions to pretrial release?
Capital offenses or offense that will give you life when the proof is evident or the presumption is great.
What other reasons can a person be denied pretrial release (other than the capital offense or life charge)?
1). protect community from physical harm 2). ensure accuesd is present at trial 3). ensure integrity of judicial process.
What is Bail for in Florida?
1). protect community from physical harm 2). ensure accused is present at trial 3). ensure integrity of judicial process.
What are the types of bail?
1) . ROR
2) . Bond (post an unsecured bond in judge selected amount)
3) . Restriction (D may be limited in terms of travel associatio or location
4) . Custody of 3rd party who agress to supervise the D
5) . Bail Bond (money in caseh or surety)
What does the judge consider at first appearance?
Amount of bail if any, conditions of bail, all of this is based on the circumsances, weight of evidence, family tiles, time in community, past actions in coming to court, danger to community. etc
What happens when a D fails to appear willfully and knowingly fails to appear then reppears and turns himself in ?
They are not eliegible for a ROR.
What happens when a D fails to appear willfully and knowingly fails to appear then is caught?
They are not eliegible for a ROR. and a $2000 bond, or twice the value of the original bond. Whicever is greater.
