FL Crim Pro Flashcards
When may a defendant withdraw a guilty plea?
Within 30 days of sentencing, when the trial court lacked SMJ, plea agreement was violated, the defendant’s plea was involuntary, or a sentencing error occured
When can a court grant D’s motion for post conviction DNA testing?
Felony case if newly discovered exculpatory evidence, if ID was disputed in original trial
When can officer break into home to execute search warrant?
gave notice of authoirty, gave notice of purpose, and still denied entry
(search warrants last 10 days)
When must juries remain sequestered?
In a capital case once they have begun deliberations
What can the jury take with them during deliberations?
copy of the charges, verdict forms, evidence, copies of public records or private documents
what must defendant’s alibi defense contain?
place and time @ time of offense, and names and addresses of alibi witnesses
Motion to vacate sentence, when timely filed?
All motions to vacate (other than excessive) must be filed no more than two years after final sentence and judgment in noncapital case, and one year after a final death sentence unless: i) facts could not have been discovered with due diligence, ii) a new fundamental constitutional right arose, or iii) the post conviction counsel was neglectful in filing the motion.
What action by court if not-guilty by reason of insanity?
i) commit D to Department of Children and Family Services; ii) order outpatient treatment; or iii) discharge D
A circuit court with jurisdiction over a child in a juvenile delinquency proceeding may impose commitment terms that run until the child reaches age of ?
21
When is the State attorney required to file a juvenile in adult court?
Child is 16 years old and previously adjudicated for the felony attempt to commit aggravated battery or aggravated assault and child is charged with crime against a person or any age –> carjacking or grand theft of a motor vehicle in which causes death of another person not involved in underlying offense
Does the state attorney have the discretion to try a 14 year old as an adult?
yes, on a misdemeanor. must first file in juvey then can ask court to transfer it
A motion to change venue must be accompanied by :
A certificate of good faith from counsel for the moving party and by affidavits of the party and at least 2 other persons setting out the factual basis for the motion.
A motion to arrest judgement when :
a D is convicted of an offense for which he could not be convicted under the indictment or information under which he was tried.
A D is entitled to bail before trial :
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”
All Ds not arrested by a valid arrest warrant are entitled to a post-arrest probable cause determination.
They are entitled to a nonadversary probable cause determination within 48 hrs. ( with two additional 24- hour continuances for good cause shown by state) if in custody.; or within 21 days if released on bail or personal recognizance, provided that the terms of release constitute a restraint on liberty.
