Florida Criminal Procedure

Question 1

Jurisdiction of county courts

Answer 1

1. Misdemeanors
2. County and municipal ordinances
3. First appearances

Question 2

When is there no right to counsel

Answer 2

In cases not involving juveniles AND do not involve incarceration

Question 3

Right to jury trial

Answer 3

When possible punishment greater than 6 months

Question 4

Notice to appear

Answer 4

Released before trial and defendant signs a promise to appear for a misdemeanor or ordinance violation by an arresting office or booking officer

Question 5

Who is entitled to pre-trial release?

Answer 5

All persons presumptively EXCEPT capital/life felonies AND proof of guilt or presumption of guilt is so great

Question 6

When is pre-trial release determined

Answer 6

An administrative hearing called FIRST APPEARANCE.

Question 7

When and what is a first appearance

Answer 7

An administrative hearing to determine pre-trail release. Held within 24 hours of arrest. Coursel is appointed. Advice is given. Release conditions are set. Maybe probable cause. CARP24.

Question 8

What is a non-adversary probable cause determination and when does it occur

Answer 8

It occurs at or after the first appearance. If not at first appearance… Must be within 48 hours of arrest if the defendant is IN CUSTODY. Not a hearing unlike first appearance. If fail to meet the 48 limit, there are 2 additional 24 hour windows of good cAuse.

For those NOT IN CUSTODY but have SIGNIFICANT restraints on liberty… Defendant may request a probable cause determination within 21 days of arrest and the magistrate has 7 days to complete.

Question 9

What, when, and why adversary preliminary hearing.

Answer 9

When:

1. Felony defendant
2. Detained
3. But no formal charges within 21 days of arrest

What:
1. Evidentiary hearing with witnesses, counsel, and cross examination

Results:

1. If NO probable cause … Then release of defendant
2. If probable cause then must file formal charges within 33 days after arrest of 40 days of good cause

Question 10

Pre-trial detention

Answer 10

Requirements
1. Dangerous crime
2. Motion by state for evidentiary hearing
A. Poses threat to community
B. Drug trafficking and likely to flee
C. Harm to judicial process
D. Likely to flee and not return

Question 11

Standard for joinder of offenses

Answer 11

Offenses based on same transaction or series of transactions

Question 12

Standard for joinder of defendants

Answer 12

1. Each defendant charged in each count
2. Conspiracy plus substantive crime
3. Common plan or scheme

Question 13

Standard for severance of offenses

Answer 13

If charges were IMPROPERLY joined them defendant has a right to sever.

If charges were PROPERLY joined then

1. Pre-trial if appropriate to promote fair proceedings
2. During trial if necessary to promote fair proceedings

Question 14

What’s included in plea colloquy

Answer 14

1. Right to counse
2. Right to confront witnesses
3. Without express right of appeal except for collateral attacks
4. Waives a trial, jury, and proof beyond a reasonable doubt
5. Questions under oath during plea can be used against defendant for charge of perjury
6. All terms of plea agreement
7. May subject non-citizens to deportation

Question 15

Jurisdiction of circuit courts

Answer 15

1. Misdemeanors
2. Felonies
3. Writs
4. Juveniles