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FLORIDA Crim Pro and Julie > Fl Crim and Juvie > Flashcards

Fl Crim and Juvie Flashcards

1
Q

What kinds of matters does the FL Supreme Court have appellate jurisdiction over

A
  1. Death Penalty
  2. DCA rulings Re: validity of a state/fed statute or Fl Const
    —-OR that are in direct conflict w/another DCA’s ruling
    ——OR FL Sup Ct’s Ruling on same question of law
  3. Questions of great public importance that are certified and sent by DCA
  4. Questions certified by Fed CT’s w/ no controlling FL Law
  5. All writs necessary for exercising FL’s JX
  6. Certified trial ct orders from DCA’s that require immediate resolution
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2
Q

What kinds of criminal matters does the DCA have appellate JX over

A
  1. FJ’s of trial ct’s not directly appealable to FL Sup Ct
  2. Interlocutory orders
  3. Writs necessary to complete the exercise of any appellate JX
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3
Q

What criminal matters do the Circuit courts have jurisdiction over

A
  1. Criminal appeals tried in the county court
  2. Actions not vested in the county court
  3. Felonies and misd. arising out of the same circumstances as jointly charged felony
  4. Juvenile criminal matters
  5. Writs necessary to exercise JX
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4
Q

What does the county court have JX over

A
  1. Misdemeanors NOT joined w/a Felony

2. Municipal and county ordinance

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5
Q

Define probable cause

A

Sufficient facts and circumstances to cause a reasonable person to believe that the person accused committed an offense.

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6
Q

What must a search warrant contain

A
  1. PC
  2. Supported by an affidavit naming or describing the person, place, or things to be searched
  3. Particularly describe the property to be seized
  4. Returned within 10 days of issuance
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7
Q

What is the Florida Stop and Frisk law

A

When a LEO encounters a situation that reasonablly indicates that a person has commmitted, is committing, or is about to commit a crime, the LEO may temporarily detain the person and ask for ID and an explanation.

reas. susp. Suspect is armed and dangerous? may pat down for weapons.

IF PC arises during encounter=arrest. If not= release.

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8
Q

Every arrested person must be taken before a judicial officer within ___ hours of arrest unless previously lawfully released

A

24 hours

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9
Q

The state has ___ days from the arrest or the service of the arrest warrant to file charges on an in-custody defendant

A

30 days. Judge must order D’s release on 33rd day if not yet charged, or if the state shows good cause, ordering the D to be released by the 40th day.

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10
Q

What is an indictment

A

The charging document the grand jury returns. Capital crimes MUST be prosecuted by indictment. Other crimes may be with indictment or information.

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11
Q

What is a motion for statement of particulars

A

When the charging doc fails to inform the D of the offense sufficiently to enable the D to prepare a defense, D may seek an order for prosecutor to furnish a “statement of particulars”

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12
Q

If the prosecutor intends to seek DP for capital offense, she must file a notice within ______ days of arraignment.

A

45 days. Must include aggravating factors state intends to present.

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13
Q

A D subjected to an unlawful search and seizure may move to suppress anything seized as evidence on what grounds?

A
  1. illegal seized w/o warrant
  2. Warrant was insufficient
  3. Prop seized was not described in warrant
  4. No PC for warrant
  5. Warrant illegally executed
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14
Q

A motion for Deposition to Perpetuate Testimony may be recorded in advance on the motion of either side if:

A
  1. A prospective witness lives beyond the JX and unable to attend trial/hearing.
  2. Wit’s testimony is material, and
  3. Necessary to take depo 2prevent injustice
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15
Q

Motion for Deposition to Perpetuate Testimony must be filed more than ____ days before trial

A

10 days

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16
Q

Without a demand for speedy trial, a D must be brought to trial within _____ days of arrest for a misdemeanor, and ______ days of arrest for a felony.

A

90 days for a misdemeanor

175 days for a felony.

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17
Q

If the D is charged with an indictment or information, the D may demand a trial to be had within ______ days by filing a separate pleading entitled “Demand for Speedy Trial”

A

60 days

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18
Q

When the D files a Demand for Speedy Trial, the court must set a calendar call within ______ days and set the case for trial to commence no less than ____ day no more than ____ days from the calendar call.

A

Calendar call within 5 days

Set trial to commence no less than 5 days but no more than 45 days from the calendar call.

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19
Q

After a D files a Demand for Speedy trial, if he is not brought to trial within _____ days of filing the demand he may be discharged from the crime.

A

50 days

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20
Q

When is a trial considered to have been commenced

A

When the jury panel has been sworn for voire dire examination.
If jury trial has been waived than trial starts when the trial proceedings begin before the judge.

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21
Q

If the D is not brought to trial within the applicable time period, what does he do?

A

File a Notice of Expiration of Speedy trial.

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22
Q

When the D files a Notice of Expiration of Speedy trial, the court must hold a hearing within ___ days of the filing. If no excuse, then trial must happen w/i ____ days.

A

5 Days for hearing after Notice of Expiration of Speedy Trial is filed.

10 days to hold a retrial if no excuse for delay

“Window of recapture”

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23
Q

If there is a motion for new trial granted or a mistrial, D must be brought to trial within ___ days of order

A

90 days

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24
Q

Unless the court directs otherwise, upon demand from the prosecutor how many days does the D have to tell the Prosecutor of his alibi?

A

no less than 10 days before trial.

25
Q

If the D wants to use the defense of battered spouse syndrome, how much notice must she give the prosecutor

A

No later than 30 days before trial

26
Q

What is the criteria for determining whether a D is competent to proceed

A
  1. Has sufficient present ability to consult w/ counsel in preparing their case w/ reasonable degree of rational understanding
  2. Has a rational as well as a factual understanding of the pending proceedings
27
Q

If there is reasonable grounds to believe the D is mentally incompetent to proceeded, the court must order a hearing on the matter no later than ____ days after the motion

A

20 days

28
Q

If the there is a motion to determine whether the D is mentally competent to proceed, what is the maximum amount of experts that can evaluate a the D??

A

No more than 3

29
Q

All criminal cases are tried before ___ jurors except capital cases which consist of ___ jurors.

A

6 for criminal

12 for capital

30
Q

How many peremptory challenges do you get for felonies punishable by death of life sentence

A

10

31
Q

How many peremptory challenges do you get for regular felonies

A

6

32
Q

How many peremptory challenges do you get for misdemeanors

A

3

33
Q

Which court has exclusive JX over juvenile defendants

A

Circuit court

34
Q

How long can a juvenile defendant be detained?

A

No more than 21 days unless additional time or prosecute or defend is needed

35
Q

How long is “speedy trial” (adj. hrg) for juvenile defendants

A

90 days of arrest or service of summons issued. No need to make demand.

36
Q

For first time NON VIOLENT juvenile offenders, what diversion program would be appropriate and what does it do?

A

The neighborhood restorative justice program. It allows probation before conviction.

37
Q

For a misdemeanor and 3rd degree felony, what kind of diversion program would be appropriate for a juvenile offender

A

Community Arbitration (“Teen Court”)

38
Q

When an authorized person takes a child into custody and the child is released, that person must file a PC affidavit within ______.

A

24 hours of the child’s release

39
Q

A PC affidavit for a juvenile must contain…

A
  1. Identify of child’s parents
  2. Why the child was taken into custody
  3. Who the child was released to
  4. Prima Facie case of the violation
40
Q

What is the word that is used in Juvenile Court for incarceration

A

“Detention”

41
Q

For juvenile court, what does pretrial detention mean…

A

Being held without bond

42
Q

What is the term used in Juvenile Court for an arrest warrant

A

Order to take child into custody

43
Q

What is the term used in Juvenile Court for “crime”

A

Delinquient Act

44
Q

What is the term used in Juvenile Court for the youth’s charging document?

A

Delinquency Petition

45
Q

What is the term for “Trial” in the Juvenile Court

A

Adjudicators Hearing

46
Q

What is the term in Juvenile Court for a judgment

A

Order of adjudication

47
Q

What is the equivalent of the word “guilty” in juvenile court

A

Delinquient

48
Q

What do you call sentencing in juvenile court

A

Dispositional hearing

49
Q

What are the factors considered when determining whether to detain a juvenile

A
  1. Substantial risk of failure to appear
  2. Substantial risk of inflicting bodily harm on others
  3. History of committing property offenses prior to adjudication, disposition, or placement
  4. Whether juvenile has committed contempt of court
  5. Whether juvenile has requested protection from imminent bodily harm
50
Q

A juveniles detention hearing must be held within ___hours of the start of detention

A

24 hours, court can continue the hearing up to 72 hours

51
Q

If a juvenile is detained, arraignment must occur within _____ hours

A

48

52
Q

Juvenile adjudication hearing must be held within _____ days of the earlier of:________

A

Within 90 days of the earlier of the date the child was taken into custody /or if released the date of the service of the summons

53
Q

If a juvenile is assessed as incompetent at the time of trial, detention is limited to how long?

A

2 years

54
Q

Between what ages can a juvenile be placed in a residential commitment

A

Between 13 and 19 years old (or up to 21 if that’s when jurisdiction expires.

55
Q

A juvenile can be placed in a residential commitment, if the juvenile was adjudicated for________

A
  1. One serious felony
  2. A felony after the juvenile had been previously committed 3 times to a delinquency commitment program; or
  3. An offense making the child eligible for adult prosecution
56
Q

A child can be transferred to an adult court by involuntary waiver if the child ______ years old or older

A

14

57
Q

Under what circumstanaces can there be MANDATORY involuntary waiver from juvenile delinquency court (aka: be transferred to adult court)

A

The juvenile is 14 years or older and is currently charged with either:

  1. A crime against a person and was previously adjudicated for an enumerated felony; or
  2. A 4th felony and one of the prior felonies involved a firearm.
58
Q

What are the circumstances for a discretionary direct file of a juvenile to adult court

A

14-15 at time of offense and

  1. Charged w/ enumerated offense or offense of firearm; and
  2. Public interest requires adult sanctions

Also
16-17 at time of offense and
1. 2 prior adj. of which 1 was a felony and
2. public interest

59
Q

Under what circumstances must there be a mandatory direct file of a juvenile from juvie to adult court?

A

State has no discretion. must direct file to adult court if:

  1. 16-17 at time of offense;
  2. Currently charged w/2nd (or more) violent crime against person;
    * OR*
  3. Offense involving discharge of weapon OR
  4. Forcible felony + 3 addt’l adj’s which were each 45 days apart
    * * OR**
  5. juvenile is ANY age charged with car jacking resulting in SBI or death

FLORIDA Crim Pro and Julie (1 decks)

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