FL Crim Pro/Fed Crim Pro Flashcards
In Florida, how is the right to pretrial release determined?
- All persons in custody for the alleged commission of a crime are entitled to pretrial release on reasonable condition UNLESS:
- charge with a capital offense or an offense punishable by life imprisonment, AND
- the proof of guilt is evident or the presumption of guilt is great.
- Comes from FL Constitution and Florida Rules of Criminal Procedure.
What are the rules for probable cause hearings?
*All Ds not arrested by a valid arrest warrant are entitled to a post-arrest probable cause determination.
- all persons in custody or who suffer a significant restraint upon their liberty are entitled to a nonadversary probable cause determination
- within 48 hours of arrest (with two additional 24 hour extensions for good cause shown by state) if IN CUSTODY; or
- within 21 days if released on bail or personal reconizance, provided the terms of release constitute a restraint on liberty.
- If D has not been formally charged within 21 days of arrest he is entitled to an adversary hearing to determine probable cause on all felony charges.
How must capital crimes be charged in FL?
By an indictment.
How must prosecutions in circuit court be charged?
By an indictment or information.
How must misdemeanors and ordinance violations be prosecuted in county court?
By Information
Is filing an information conditional upon whether or not a nonadversary preliminary hearing has been held?
No.
When is a defendant on pretrial release entitlted to a probable cause hearing?
- only if he files the motion within 21 days of his arrest and he can establish his release conditions are a significant restraint on his liberty.
Can a D use warrant or search defects to suppress evidence found against him in a 3rd party’s home when he was not present?
No. D’s own expectation of privacy must be violated. If not, still admissible.
