Florida Criminal Procedure Flashcards
Jurisdiction: County Courts vs. Circuit Courts
County courts: jurisdiction over misdemeanors (facing imprisonment for less than a year)
Circuit courts: jurisdiction over felony cases (facing imprisonment of 1 year or more) and cases with both misdemeanors and felonies
Right to Counsel in FL for Indigent Defendants
In Florida, indigent defendants have a right to Counsel if they are facing ANY jail time (one appeal included)
Exception: Orders of Non-Incarceration
* Written order from the Judge certifying that upon conviction, won’t impose jail time. Misdemeanors only.
Pre-Trial Procedures >
1) Arrests
2) Arrest Warrants & Capias
3) Notices to Appear
1) Arrest: PROBABLE CAUSE REQUIRED
2) Arrest Warrants: First, Judge detemines if there is PROBABLE CAUSE to arrest. If there is, Judge signs order to have the person arrested.
* PC already established, issue gone.
* Capias: Same thing, just issued while judge is on the bench (bench warrant)
3) Notice to Appear: An arresting officer generally may issue this in lieu of physical arrest for misdemeanors and violations of municipal or county ordinances, unless
* the accused fails to sign or
* the offcier believes the accused’s liberty poses threat to himself or others or
* the accused is a flight risk, or failed to appear before, or suspected for another crime.
* Carries same weight as an arrest and is treated as an arrest.
Pre-Trial Procedures > First Appearance
An arrested person, in custody (in jail), must be taken before a judicial officer within 24 hours. Failure to comply with the 24 hour requirement entitles defendants to release but does not bar prosecution
The Court must:
* Advise the defendant of the charges against them
* Determine the conditions for pre-trial release
* Read mini Miranda rights to defendant and appoint counsel or reschedule the appearance to permit defendant to obtain private counsel
* Right to a phone call (right to communicate with counsel, family, and friends)
If possible, the court may also determine PROBABLE CAUSE for non-warrant arrests. (but deadline is later)
The defendant may be advised of their rights by pre recorded video if the judge affirms that they had an opportunity to view the video and understand the rights explained in it.
Pre-Trial Release > (1) Who is entitled (2) Objective of Release Conditions
1) Everyone is entitled to pretrial release EXCEPT where the offense is punishable by life imprisonment or death and the proof of guilt is evident or the presumption of guilt is great (or where no conditions of release can reasonably assure defendants appearance and community safety)
2) Objectives conditions of release should aim to
1. assure the Defendant will return to Court and
2. protect the community from harm/danger
Pre-Trial Release > Bail Bonds
A Bail Bond is a three party agreement where a bondsman agrees to pay the court if a criminal defendant fails to meet the terms of conditional release from custody.
* Bondsman pledges to make good on the bail if the defendant doesn’t appear.
* Bail bondsman can charge 10% Max fee for the contract.
* no chance of getting your money back at the end of the case (contrary to cash bail)
Pre-Trial Release > Cash
Cash payment paid by the defendant to the court
* money can be returned at the end of the trial, if all the court requirements are fulfilled.
Pre-Trial Release > ROR (release on recognizance)
A promise to return to the Court when summoned.
* Arrest Warrant if Defendant fails to appear as required
Pre-Trial Release > Additional Restrictions on Defendant’s Liberty During Pre-Trial Release (House Arrest)
House Arrest = Custody!!!
* Still Entitled to Probable Cause Determination.
* Arrested + in custody = entitlement to PC determination
Pre-Trial Procedures > Probable Cause Determination > 2 types > Non-Adversarial Probabable Cause Determinations
Non-Adversarial = Paperwork only. No witnesses or testimony.
1) Probable Cause that Defendant commited ANY offense/crime, not just the one they were arrested for.
2) If the court determines there was no PC of any crime/offense, or if no hearing is held,
* Defendant is released ROR
* the Court loses jurisdiction (unless State already filed charges)
3) Usually determined at first appearance if possible. If not, must be made within 48 hours of non-warrant arrests
* Two 24-hour extensions (48 hrs) available upon showing of good cause.
Probable Cause Determination types only for non-warrant arrests (naturally)
Pre-Trial Procedures > Probable Cause Determination > 2 types > Adversarial Probabable Cause Determinations
A felony defendant (no misdemeanors) not charged within 21 days of arrest has a right to an adversary preliminary hearing to determine whether probable cause exists to support the felony charges.
* Mini-Trial: Witnesses may be summoned and examined. Statements by the defendant may be used against him.
If probable cause is not found, defendant is released unless an information or indictment has been filed, in which case defendant is ROR (released on recognizance)
Charging Documents > Indictment
All capital crimes must be presecuted by an indictment returned by a grand jury.
* any crime may be
Grand Jury proceeding - Prosecutor gives 1-sided story
Standard: does grand jury believe a trial jury could find for P
Charging Documents > Information
State Attorney’s office may prosecute any noncapital crime by filing an information.
* information: a document signed/issued by prosecutor
* “I hereby charge…”
Charging Documents > Charging Misdemeanors > which filings are allowed?
Can use Information, Indictment, or Notice to Appear (NOA)
Charging Documents > Charging Felonies > which filings are allowed?
Can use information or indictment
* If seeking 1st Degree Murder > Indictment only (capital crime)
* Notices to Appear NOT ALLOWED
