Florida Criminal Procedure

Question 1

What is a felony?

Answer 1

Any criminal offense punishable by death or imprisonment in a state correctional facility for more than one year.

Question 2

What is a misdemeanor?

Answer 2

Anu criminal offense punishable by imprisonment in a county correctional facility for not more than one year.

Question 3

What are considered crimes?

Answer 3

Only felonies and misdemeanors.

Question 4

What are non-criminal violations?

Answer 4

Offenses punishable by no more than a fine forfeiture or other civil penalty.

Question 5

Most traffic violations are what, but some may be what?

Answer 5

Noncriminal but some may be misdemeanors or felonies.

Question 6

What do county courts have jurisdiction over, except for what?

Answer 6

Misdemeanors except those joined with felonies, violations of county and municipal ordinances, and first appearance proceedings.

Question 7

What do circuit courts have jurisdiction over?

Answer 7

All felonies, misdemeanors joined with felonies, juvenile cases, and extraordinary writs.

Question 8

Circuit courts hear appeals from what, except what?

Answer 8

From criminal cases tried in county court, except those heard directly by the supreme court.

Question 9

District courts of appeal hear appeals as what?

Answer 9

As of right from circuit court judgments and sentences.

Question 10

Supreme Court has appellate jurisdiction over what?

Answer 10

Death penalty cases, cases form lower courts initially construing the validity of a statute treaty or constitutional provision, district court decisions conflicting with other district court or supreme court decisions, extraordinary writs, and questions certified by the district courts.

Question 11

Must the state offer to provide counsel for indigent or partially indigent persons in cases where conviction is punishable by incarceration?

Answer 11

The state must offer to provide counsel for indigent or partially indigent persons in cases where conviction is punishable by incarceration.

Question 12

Are juvenile offenses and one appeal included in the state’s offer to provide counsel?

Answer 12

Juvenile offenses an done appeal are included in the state’s offer to provide counsel.

Question 13

How may the state avoid providing counsel to indigent or partially indigent persons?

Answer 13

If the offense is not a felony and the judge agrees at least 15 days in advance that the defendant will not be incarcerated.

Question 14

When may a defendant waive her right to counsel?

Answer 14

When the defendant does so knowingly intelligently and voluntarily and is mentally competent to conduct trial proceedings on court record or in writing before two witnesses.

Question 15

If a defendant waives her right to counsel, when must the state’s offer to provide counsel be offered again?

Answer 15

At each subsequent stage of the proceedings.

Question 16

May the attorney of record for a defendant be relieved of any duties or permitted to withdraw?

Answer 16

No, except with approval of the court for good cause.

Question 17

What are the minimum standards for lead defense attorneys in capital cases?

Answer 17

Lead counsel must have at least 5 years’ experience in criminal litigation, have tried at least 9 complex cases with either lead or co-counsel experience in at least 2 cases in which the death penalty was sought, have experience in using expert witnesses, and have attended at least 12 hours of continuing legal education programs dealing with the defense of capital cases.

Question 18

What are the ways in which a defendant may be compelled to appear by a judge?

Answer 18

State or county judge may issue an arrest warrant for a felony or misdemeanor or may order the court clerk to issue a summons for a misdemeanor; a judge may issue a capias bench warrant when defendant has failed to appear as required or when formal charges have been filed by information or indictment and the defendant is neither in custody nor out on bail.

Question 19

What are the ways in which a defendant may be compelled to appear by an arresting officer?

Answer 19

Booking or arresting officer may issue a notice to appear in life of physical arrest for misdemeanors and violations of municipal or county ordinances.

Question 20

If the accused is arrested and brought to jail, who advises th accused of her right to counsel.

Answer 20

The booking officer.

Question 21

May the booking officer release the accused a notice to appear?

Answer 21

Yes if after investigation, the officer determines the that accused will likely appear as required.

Question 22

An arrested person who is not released must what?

Answer 22

Must be taken before a judicial officer within 24 hours.

Question 23

Who should be given notice of the hearing and attend when an arrested person is taken before a judicial officer?

Answer 23

The state attorney and public defender.

Question 24

Who advises defendant of her rights to remain filed to have assistance of counsel and to communicate with outsiders?

Answer 24

The judicial officer who the defendant is brought before within 24 hours of arrest without release.

Question 25

The judicial officer that a defendant is brought before within 24 hours of arrest without release will appoint counsel or what?

Answer 25

Reschedule the the appearance to permit defendant to obtain private counsel as necessary.

Question 26

How may right to counsel e waived?

Answer 26

By a signed writing.

Question 27

Failure to comply with the 24 hour requirement entitles the defendant to what but does not bar what?

Answer 27

To release but does not bar prosecution.

Question 28

A child in custody of juvenile authorities against whom a information or indictment is filed must what?

Answer 28

Must by taken for a first appearance hearing within 24 hours.

Question 29

An accused is entitled to pretrial release except for when?

Answer 29

When the offense is punishable by life imprisonment or death and there is strong evidence of guilt or where no conditions for release can reasonably assure defendant’s appearance and community safety.

Question 30

How may a defendant be released?

Answer 30

On recognizance, notary bond, into the custody of a supervisory person or organization, under restrictions as to travel associations or residence, on other conditions necessary to ensure appearance.

Question 31

Nonmonetary conditions of defendant release are favored, except where what?

Answer 31

Except where the defendant history and present circumstances indicate that he will fail to appear.

Question 32

The judge at first appearance considers what in determining conditions of release?

Answer 32

The nature of the charged offense and the defendant’s background.

Question 33

Is information received in Florida criminal procedure in strict adherence to the rules of evidence?

Answer 33

Information is received without strict adherence to the rules of evidence.

Question 34

When are special showings required?

Answer 34

Special showings are required for release to a pretrial release service if the defendant is charged with a dangerous crime like assault murder or stalking.

Question 35

Who may make an application to modify bond with how much notice to whom?

Answer 35

Either party with at least three hours’ notice to the attorney for the opponent.

Question 36

If the court fixes bail and refuses stop reduce it before trial, the defendant may what?

Answer 36

Petition for a writ of habeas corpus.

Question 37

The court may revoke release of a defendant if what?

Answer 37

If it finds probable cause to believe that defend committed a new crime while on pretrial release.

Question 38

When may a court revoke bail?

Answer 38

When there has been a breach of condition, sureties are unavailable, or new security is required.

Question 39

A court may order pretrial detention when what?

Answer 39

When it finds that the defendant poses a threat of harm to the community, has previously violated conditions on release or parole, and no condition of release will reasonably assure the defendant’s appearance at subsequent proceedings.

Question 40

When may the state move for pretrial detention?

Answer 40

When the pretrial detention three criteria are met.

Question 41

If the defendant has been released and there are exigent circumstances, an arrest warrant will what?

Answer 41

An arrest warrant will be issued.

Question 42

When must a hearing be held in the trial court from the day of motion or of defendant’s arrest pursuant to the motion.

Answer 42

Within 5 days of the motion or of defendant’s arrest pursuant to the motion plus continuances of up to five days.

Question 43

At the detention hearing, defendant is entitled to what and may what?

Answer 43

Entitled to counsel and may present and cross-examine witnesses.

Question 44

Do strict rules of evidence apply at detention hearings?

Answer 44

Strict rules of evidence do not apply at detention hearings.

Question 45

Strict rules of evidence do not apply at detention hearings but a detention order may not what?

Answer 45

May not be based solely on hearsay.

Question 46

Does the exclusionary rule apply at a pretrial hearing, making defendant’s testimony unusable substantively against him at trial.

Answer 46

The exclusionary rule applies at a pretrial hearing, so defendant’s testimony is not usable substantively against him at trial.

Question 47

Are pretrial detention orders appealable?

Answer 47

Pretrial detention orders are appealable.

Question 48

What are persons in custody or under significant restraints on their liberty entitled to?

Answer 48

To a neutral magistrate’s determination of probable cause.

Question 49

When is no further determination required for a person in custody or under significant restraints on their liberty?

Answer 49

When the person was arrested pursuant to a valid warrant.

Question 50

A probable cause determination must be made within how many hours with what extensions averrable for good cause, when a defendant is in custody?

Answer 50

48 hours with two 24 hour extensions when a defendant is in custody.

Question 51

Within how many days of arrest may a defendant in custody file a motion for provable cause determination so long as her liberty is significantly restrained?

Answer 51

21 days.

Question 52

After a defendant whose liberty is significantly restrained and in custody, makes a motion for probable cause determination within 21 days of arrest, the magistrate must what?

Answer 52

Must make a determination within seven days of the motion.

Question 53

If after a motion for probable cause determination is timely made by a defendant in custody with her liberty significantly restrained, the defendant is released on recognizance if what or what? Does this bar prosecution?

Answer 53

If probable cause is not found or no hearing is held, bur prosecution is not bared.

Question 54

What right does a feloniy defendant not chasrged within 21 days of arrest have?

Answer 54

A right to an adversary preliminary hearing to determine probable cause to support th efelony charges.

Question 55

At a hearing to determine probable cause to support felony charges, who may be summoned and examined?

Answer 55

Witnesses may be summoned and examined.

Question 56

Can statements made by the defendant be used against him later at a hearing to determine probable cause to support felony charges?

Answer 56

Yes the exclusionary rule does not apply.

Question 57

If at a hearing to determine probable cause to support felony charges, probable cause is found then what?

Answer 57

Then the defendant is held to answer charges.

Question 58

If at a hearing to determine probable cause to support felony charges, probable cause is not found then what?

Answer 58

Then defendant is released on recognizance.

Question 59

If at a hearing to determine probable cause to support felony charges, probable cause is not found, the defendant is released on recognizance unless what?

Answer 59

Unless an information or indictment has been filed.

Question 60

If a defendant remains in custody and is not charged by information or indictment within in how may days of arrest, must he be released by the 33rd day?

Answer 60

Within 30 days of arrest.

Question 61

A defendant remaining in custody, not charged by indictment or information within 30 days must be released by the 33rd day unless what?

Answer 61

Unless good cause is shown why a charge has not been filed.

Question 62

If good cause is shown for why a charge has not been filed by indictment or information within 30 days of arrest then what?

Answer 62

Then defendant must be released by the 40th day unless formal charges are filed.

Question 63

When may a magistrate make an additional non adversary probable cause determination?

Answer 63

After a magistrate has found no probable cause or if the time period for a non adversary determination has not been compelled with.

Question 64

What are the three main pretrial hearings?

Answer 64

First appearance, non adversarial probable cause hearing, and adversarial probable cause hearing.

Question 65

What are the conditions and timing requirements for first appearance?

Answer 65

Conditions requirements are that defendant is under arrest and not already released. Timing requirement is within 24 hours after arrest.

Question 66

What are the conditions and timing requirements for non adversarial probable cause hearing?

Answer 66

Conditions requirements are that defendant is arrested and probable cause is not already determined. Timing requirement is within 48 hours after arrest if defendant is in custody and within 21 days after arrest if defendant is not in custody but is subject to substantial restraints on her liberty.

Question 67

What are the conditions and timing requirements for adversarial probable cause hearing?

Answer 67

Conditions requirements are that defendant is arrested for a felony and not formally charged by indictment or information within 21 days after arrest. Timing requirement is after 21 days.

Question 68

What are the main procedural requirements for formally charging a crime?

Answer 68

Indictment, information, affidavit, docket entry, notice to appear, and technical requirements for Florida Criminal Procedure.

Question 69

May any crime be prosecuted by an indictment returned by a grand jury?

Answer 69

Any crime may be prosecuted by an indictment returned by a grand jury.

Question 70

Must all capital crimes be prosecuted by an indictment returned by a grand jury.

Answer 70

All capital crimes must be prosecuted by an indictment returned by a grand jury.

Question 71

Who may prosecute by filing information?

Answer 71

The state attorney’s office.

Question 72

The state attorney’s office may prosecute what crimes by filing an information?

Answer 72

The state attorney’s office may prosecute any noncapital crime by filing an information.

Question 73

What may be prosecuted by affidavit, docket entry, or notice to appear?

Answer 73

Misdemeanors and ordinance violations.

Question 74

Where may violations be prosecuted by affidavit, docket entry, or notice to appear?

Answer 74

County court.

Question 75

What must an indictment or information allege?

Answer 75

The essential facts of the offense and recipe the law violated.

Question 76

May an indictment or information use a defendant’s real name, fictitious name, or description?

Answer 76

An indictment or information must allege the essential facts of the offense an recite the law violated.

Question 77

Must an indictment or information include the defendant’s name, race, gender, and birth date when known?

Answer 77

An intimen tor information must include the defendant’s name race gender and birth date when known.

Question 78

When may formal defects be amended on motion?

Answer 78

Formal defects may be amended on motion any time before trial.

Question 79

What does a defendant have a right to a copy of and when before he is required to plead?

Answer 79

Defendant has a right to a copy of the instrument at least 24 hours before required to plead.

Question 80

May a defendant move for a statement of particulars before he is required to plead?

Answer 80

The defendant may move for a statement of particulars before he is required to plead.

Question 81

May offenses be joined in one indictment or information if based on the same act or transaction?

Answer 81

Offenses may be joined in one indictment or information if based on the same act or transaction.

Question 82

May an indictment or information charge two or more defendants if each defendant is charged in each count?

Answer 82

An indictment or information may charge two or more defendants if each defiant is charged in each count.

Question 83

If each defendant is not charged in each count within an indictment or information, there must be what?

Answer 83

At least one common count of conspiracy or an allegation that the various offenses are part of a common plan.

Question 84

When must the court advise each defendant of the right to separate representation?

Answer 84

When two or more defendants have been joined for trial and are represented by the same attorney or firm.

Question 85

What offense may be consolidated in one indictment or information for trial upon motion of either side?

Answer 85

Offenses that could have been joined in one indictment or information may be consolidated for trial upon motion of either side.

Question 86

When may defendants move to consolidate ll state charges against her an when may she move for dismissal of charges unreasonably not consolidated?

Answer 86

Defendant may move before rial to consolidate all state charges against her an she may move before trial for dismissal of charges unreasonably not consolidated.

Question 87

When does defendant have a right to sever charges.

Answer 87

Defendant has a right to sever charges that are improperly joined.

Question 88

When must properly joined charges be severed?

Answer 88

Properly joined charges must be severed on motion from either side if necessary to fairly determine guilt.

Question 89

When may defendant or state move for severance of defendants?

Answer 89

When proper to fail y determine guilt or to ensure a speedy trial.

Question 90

Florida’s codification of Bruton requires the state to choose beforehand among not using the statement at a join trial, removing references to the co-defendnat, and severing the trial when?

Answer 90

In situations where one defendant’s admissible statement implicates a co-defendant.

Question 91

When is a motion to sever timely filed?

Answer 91

When it is filed before trial and under certain circumstances, during trial.

Question 92

What is arraignment?

Answer 92

Arraignment i sthe defedant’s formal response in open court to the formal charges.

Question 93

May arraignment be waived?

Answer 93

Arraignment may be waived.

Question 94

How is arraignment waived?

Answer 94

Arraignment is waived by entering written plea of not guilty.

Question 95

What is waived by entering a plea of not guilty?

Answer 95

Objections to irregularities in the arraignment are waived by entering a written plea of not guilty.

Question 96

When may arraignment occur?

Answer 96

Arraignment may occur any time after the defendant is formally charged.

Question 97

What are the three types of pleas?

Answer 97

Guilty, not guilty and solo contendere.

Question 98

A pleas of not guilty is automatically entered if defendant what?

Answer 98

If defendant stands mute or is evasive.

Question 99

When may a defendant plead guilty to a lesser offense?

Answer 99

When defendant has the permission of the court and prosecutor.

Question 100

What must the judge ensure in relation to defendant entering a plea?

Answer 100

That a plea is voluntary an fully understood and that a factual basis for it exists.

Question 101

Does the defendant have to be given a reasonable time in which to deliberate over a plea.

Answer 101

Defendant must be given a reasonable time in which to deliberate over a plea.

Question 102

What happens when the defendant pleads guilty but maintains his innocence?

Answer 102

It is sufficient that he acknowledges that the plea is in his best interest.

Question 103

May the court permit withdrawal of a guilty plea before sentencing?

Answer 103

The court may permit withdrawal of a guilty plea before sentencing.

Question 104

When must the court permit withdrawal of a guilty plea before sentencing?

Answer 104

Wen good cause is shown.

Question 105

May evidence of withdrawn guilty plea be used at trial?

Answer 105

Evidence of a withdrawn guilty plea may not be used in trial.

Question 106

What may a defendant who pleas guilty or solo contender without reserving the right to appeal a legally dispositive issue do?

Answer 106

May file a motion to withdraw the plea within 30 days after rendition of sentence only on limited grounds.

Question 107

When may a defendant who files a plea of guilty or nolo contendere for the purpose of participating in a drug court treatment program withdraw the plea?

Answer 107

After successful completion of the program.

Question 108

The ultimate sentencing decision for pleas rests with who?

Answer 108

The judge.

Question 109

Are negotiated pleas encouraged?

Answer 109

Negotiated pleas are encouraged but the ultimate sentencing decision rests with the judge.

Question 110

May the prosecutor drop other charges or recommend or agree to a specific lenten in exchange for a guilty plea or nolo plea.

Answer 110

The prosecutor may drop other charges, recommend or agree to a specific sentence in return for a guilty plea or nolo contendere plea.

Question 111

What must the prosecutor inform the judge of?

Answer 111

All material facts like DNA evidence that might exonerate the defendant.

Question 112

What must the prosecutor do in relation to unrepresented defendants ?

Answer 112

Record plea discussions and furnish the record to the judge.

Question 113

What must the defense attorney do in Florida criminal procedure?

Answer 113

Must review the physical evidence against the defendant, communicate all plea offers to the defendant and not enter a plea without defendant’s consent.

Question 114

What does breach of a plea agreement by the prosecution entitle the defendant to?

Answer 114

A new trial or sentencing hearing.

Question 115

What happens when the defendant breaches a plea agreement?

Answer 115

The state may move to vacate the plea within sixty days of the breach.

Question 116

What are the main pretrial motions?

Answer 116

Motion to: dismiss, suppress evidence, for continuane, to perpetuate testimony, to change venue, disqualify judge, protect identity of recusal assault victim, and to expedite.

Question 117

What does a motion to dismiss do?

Answer 117

A motion to dismiss raises legal defenses.

Question 118

What raises factual defenses?

Answer 118

Not guilty pleas.

Question 119

When must a motion to dismiss generally be filed?

Answer 119

At or before arraignment.

Question 120

If a motion to dismiss raises a defense of former jeopardy, immunity, or pardon, or asserts that no facts are in dispute and that the facts do not constitute a prima facie case, when may the motion to dismiss be filed?

Answer 120

At any time.

Question 121

Defenses not raised a waive except of what?

Answer 121

Except for fundamental grounds.

Question 122

What must a defendant do if she alleges no facts are in dispute?

Answer 122

She must recite the facts.

Question 123

What may the estate do once a defendant alleges no facts are in dispute and recites the facts?

Answer 123

The state may then reply with a traverse denying them.

Question 124

Defendants motion to suppress illegally obtained evidence, confessions, or admissions must normally be filed when?

Answer 124

Filed before trial.

Question 125

What may be held when defendant motions to suppress illegally obtained evidence, confessions, or admissions?

Answer 125

A hearing at which both sides may present evidence.

Question 126

What are the five grounds for a motion to suppress?

Answer 126

Evidence was illegally seized without a warrant; the warrant is insufficient tn its face; the property seized was not describe din the warrant; the warrant was obtained without probable cause; and the warrant was legally executed.

Question 127

At what point does jeopardy attach when a trial court grants a motion to suppress evidence during trial?

Answer 127

Jeopardy has already attached.

Question 128

Why might a court wanna tot withhold ruling on the merits of a motion to suppress evidence?

Answer 128

To avoid double jeopardy implications that would result if a mistrial were declared.

Question 129

A motion for continuance must be filed when?

Answer 129

Before trial.

Question 130

A motion fo continuance must be filed before trial unless what?

Answer 130

Unless excused for good cause.

Question 131

When may a witness’s testimony be perpetuated by deposition?

Answer 131

When a witness resides out of state or may be unable to attend trial or hearing then her testimony may upon verified motion supported by affidavit, be perpetuated by deposition.

Question 132

If a witness is able to attend the trailer hearing and a deposition was made to be used at trial, then what?

Answer 132

The deposit may not be used.

Question 133

If a witness’s absence is caused by a party, then what?

Answer 133

Then that party may not use her deposition.

Question 134

May either side motion for a change of venue?

Answer 134

Either side may motion for a change of venue.

Question 135

Why may either side motion for a change of venue?

Answer 135

For any reason other than a complaint about tty trial judge, the defendant cannot get an impartial trail in th county where the case is pending.

Question 136

Is pretrial publicity standing alone sufficient reason for change of venue?

Answer 136

Pretrial publicity standing alone is insufficient reason for change of venue.

Question 137

What must be established to have reason for motion to change venue?

Answer 137

Prejudice or inability to obtain an impartial jury must be established as reason for change of venue.

Question 138

When must a motion of change of venue be made?

Answer 138

At least ten days before trial.

Question 139

A motion for change of venue must be made at least ten days before trial unless what?

Answer 139

Unless good cause is shown for the delay.

Question 140

A motion for change of venue must be what?

Answer 140

In writing and accompanied by affidavits of the moving party and at least two other persons setting out the factual basis for the motion.

Question 141

If a motion for change of venue is granted, then what?

Answer 141

Then the trial of the moving defendant will be transferred to any other convenient county in Florida where a fair trial can be held.

Question 142

What does a motion to disqualify a judge allege?

Answer 142

That the judge is: prejudiced for or against a party: because she is related within the third degree to a defendant or lawyer in the case or to any judge who participated as a lower court judge in the case; or is a material witness.

Question 143

If a motion to disqualify a judge is legally sufficient on its face, the first judge does what?

Answer 143

Disqualifies herself automatically.

Question 144

If defendant seeks to disqualify a second judge as prejudiced, that judge what?

Answer 144

Is not automatically disqualified.

Question 145

If a defendant seeks to disqualify a second judge as prejudiced, the second judge is not automatically disqualified unless what?

Answer 145

Unless he admits the prejudice.

Question 146

Under certain conditions, what may the state or a victim in a sexual assault case do?

Answer 146

Obtain an order to keep confidential any record that would reveal the victim’s mane or address or a photograph of the victim.

Question 147

What cases may the state move to expedite?

Answer 147

The state may move to expedite cases involving use of a child, elderly person, or disabled adult.

Question 148

What are the four major components of a speedy trial?

Answer 148

Time, demand, notice of expression of speedy trial time, and victims right to a speedy trial.

Question 149

When must a trial normally commence for speedy trial?

Answer 149

Within fifty days of defendant’s demand for a speedy trial.

Question 150

When no demand is made for a speedy trial by defendant, misdemeanor trials must normally commence when?

Answer 150

Within ninety days of arrest or custody.

Question 151

When no demand is made for a speedy trilby defendant, felony trial must normally be commenced within how many days?

Answer 151

Within 175 days of arrest or custody.

Question 152

When no demand is made for speedy trial by defendant, retrials must normally commence within what?

Answer 152

Within ninety days of the mistrial order.

Question 153

When may time requirements for a speedy trial be extended

Answer 153

When there is need for pretrial proceedings and in exceptional circumstances.

Question 154

When may an accused file a demand for speedy trial?

Answer 154

Within sixty days at any time after formal charges are filed.

Question 155

Wha doe defendant’s demand for a speedy trial import?

Answer 155

She is available and will be prepared of trial within five days.

Question 156

What does failure to bring the defendant to trial within 50 days after the demand entitle the defendant to?

Answer 156

To file a notice of expiration of speedy trial time.

Question 157

If the speedy trial right is violated, then upon a defendant’s notice of expiration of th speedy trial time, the courts doe what?

Answer 157

The court holds a hearing within five days.

Question 158

May a court order a defendant tried within ten days if no excuse is shown?

Answer 158

A court may order a defendant tried within ten days if no excuse is shown for defendant’s speedy trial right being violated.

Question 159

If defendant is not tried within ten days in accordance with court order because no excuse was shown of the violation of speedy trial right then what?

Answer 159

Then upon motion defendant will be forever discharged.

Question 160

IF defendant is not tried within ten days in accordance with court order once no excuse was shown for the violation of speedy trial right the upon motion, defendant will be forever discharged unless what?

Answer 160

Unless the delay was through the defendant’s fault.

Question 161

Have violations of the 5 and 10 day rule been he harmless if Florida if a defendant is actually brought to trial within 15 days of filing the notice of expiration?

Answer 161

Violations of the 5 and 10 day rule have been held holes in Florida if a defendant is actually brought to trial within 15 days of filing the notice of expiration.

Question 162

When may the state attorney file a demand for a speedy trial?

Answer 162

When the state has met its discover obligations; the court has granted at least three continuances on the defendant’s request over the objection of the state attorney.

Question 163

When may the state attorney file a demand fro speedy trial in a felony case?

Answer 163

In a felony case, it is not resolved within 125 days after the date that formal charges were filed and the defendant was arrested or the date that notice to appear in lieu of arrest was served on the defendant.

Question 164

If the state attorney files a demand for a speedy trial, the court must do what?

Answer 164

Schedule a calendar call within five days.

Question 165

What must the court schedule at the calendar call?

Answer 165

The trial to commence within 5 to 45 days.

Question 166

Is insanity an affirmative defense?

Answer 166

Insanity is an affirmative defense.

Question 167

Who has the burden of proving by clear and convincing evidence insanity?

Answer 167

The defendant.

Question 168

Must a defendant notify the court of her intention to rely on an insanity defense?

Answer 168

.

Question 169

Must a defendant provide a statement of the nature of the insanity and a list of witnesses to her insanity?

Answer 169

.

Question 170

May the court order the defendant claiming insanity as an affirmative defense examined?

Answer 170

.

Question 171

May the court order hospitalization outpatient treatment or complete discharge and if so, when?

Answer 171

The court may order hospitalization outpatient treatment or complete discharge if defendant is acquitted by reason of insanity.

Question 172

Who has what kind of jurisdiction over committed defendants who were acquitted by reason of insanity.

Answer 172

The court retains continuing jurisdiction over committed defendants.

Question 173

What is required for a defendant to be competent to proceed for be sentenced in a Florida criminal case?

Answer 173

A defendant must be able to consult within lawyer and understand the proceedings against him.

Question 174

When may a court order a hearing to determine defendant’s mental condition?

Answer 174

At any time before sentencing.

Question 175

At any examination to determine a defendant’s mental condition, who may be present?

Answer 175

The attorneys for both sides.

Question 176

What can happen if a defendant is found incompetent?

Answer 176

She may be treated for up to six months.

Question 177

After six months of treatment for an incompetent defendant, what?

Answer 177

Periodic hearing s may result in further involuntary treatment for up to a year at a time.

Question 178

If after five years of the incompetence determination for felonies or one year for misdemeanors, it appears that eventual competence is unlikely and defendant cannot be involuntarily committed, the charges must what?

Answer 178

The charges must be dropped without prejudice.

Question 179

What may a defendant file as a bar to execution in first degree murder cases, in which the death penalty has not been waived by the state?

Answer 179

Defendant may file a written motion raising mental retardation as a bar to execution.

Question 180

If a court on motion raising mental retardation as a bar to execution, finds that a defendant is mentally retarded, ti will what?

Answer 180

It will enter a written order prohibiting the imposition of the death penalty and setting forth specific findings.

Question 181

How long must the court stay the proceedings after finding a defendant is mentally retarded?

Answer 181

30 days to allow the state the opportunity to appeal the order.

Question 182

An obligation to disclose is continuing once what?

Answer 182

Once the obligation to disclose is incurred.

Question 183

What may failure to comply with discovery result in?

Answer 183

An order to comply, a continuance, a mistrial, a ban on use of undisclosed matters, contempt, or other relief.

Question 184

What obligation to disclose is a prosecutor under?

Answer 184

Any information tending to negate the defendant’s guilty.

Question 185

The state must in general also disclose witnesses, materials, and information it intends to use when?

Answer 185

Within 15 days of defendant’s demand to do so.

Question 186

Must the existence of wiretapping and confidential informants be acknowledged by the state during discovery by the defendant?

Answer 186

The existence of wiretapping and confidential informant must be acknowledged by the state during discovery by the defendant.

Question 187

Must informant be identified by the state during discovery by the defendant?

Answer 187

Informants need not be identified by the state during discovery by the defendant.

Question 188

Informants need not be identified by the state during discovery by the defendant unless what?

Answer 188

Unless they will be witnesses.

Question 189

May the court excise sensitive matter from documents and make appropriate protective orders during discovery by the defendant?

Answer 189

The court may excise sensitive matter from documents and make appropriate protective orders during discovery by the defendant in Florida criminal procedure.

Question 190

When may a defendant depose persons with information?

Answer 190

Upon notice to the state, defendant may depose persons with information during discovery by the defendant.

Question 191

Within how many days of receiving the state’s list of witnesses, defendant must furnish the names and addresses of his witnesses he expects to call during discovery by the state?

Answer 191

Within 15 days of receiving the state’s list of witnesses during discovery by the state.

Question 192

Along with the names and addresses of the witnesses defendant expects to call, he must also disclose what during discovery by the state?

Answer 192

Statements of expected defense witnesses, reports of experts, or papers or objects he intends to use during discovery by the state.

Question 193

If defendant is using an alibi defense in a Florida criminal case, defendant must provide what and when during discovery by the state?

Answer 193

During discovery by the state, a statement of the particulars of the alibi at least ten days before trial.

Question 194

May a Florida court order a defendant to participate in procedures such as lineups or to give physical specimens, or to submit to examinations during discovery by the state?

Answer 194

During discovery by the state, a Florida court may order a defendant to participate in procedures such as lineups or to give physical specimens, to or submit to examinations.

Question 195

A party may take discovery deposition of any witness except who?

Answer 195

In a misdemeanor or criminal traffic cases or prosecution witnesses who were only ministerially involved in the case or whom the prosecution does not in good faith intend to call as witnesses or whose involvement in the case is fully set out in the police report or other statement furnished to the defend.

Question 196

What must be done in depositions of children under 16?

Answer 196

The deposition must be videotaped.

Question 197

A deposition of children under 16 must be videotaped unless what?

Answer 197

Unless the court orders otherwise.

Question 198

How many jurors are noncapital criminal cases tried in from of?

Answer 198

6 jurors.

Question 199

How many jurors are capital cases tried before?

Answer 199

12 jurors.

Question 200

May one or more alternate jurors be selected.

Answer 200

One or more alternate jurors may be selected for a Florida jury.

Question 201

A defendant can waive a six person jury in Florida if the waiver is what four things?

Answer 201

The waiver is knowing intelligent voluntary and made of th record.

Question 202

Does defendant have a right to a list of prospective jurors’ names adresses and questionnaire responses?

Answer 202

Defendant has a right to a list of prospective jurors’ names addresses and questionnaire responses.

Question 203

Must a panel not invidiously exclude any identifiable group in jury selection?

Answer 203

A panel must not invidiously exclude any identifiable group in jury selection.

Question 204

Must a panel include particular groups in jury selection?

Answer 204

A panel need not include any particular groups in jury selection.

Question 205

Who may question the panel of potation jurors?

Answer 205

The court and the parties.

Question 206

Any potential juror may be challenged for what?

Answer 206

For cause including legal or factual incompetence, relationship to the parties or case, or prejudice.

Question 207

What constitutes cause for challenging any potential juror?

Answer 207

Legal or factual incompetence, relationship to the parties or case, or prejudice.

Question 208

Does each side get peremptory challenges for which no reason need be given to challenge a potential juror?

Answer 208

Each side gets peremptory challenges for which no reason need be given to challenge a potential juror.

Question 209

Do reasons need to be given t challenge a potential juror in a peremptory challenge?

Answer 209

No reason need be given for a peremptory challenge of a potential juror.

Question 210

How many peremptory challenges does each side get for a capital or life felony case?

Answer 210

10 peremptory challenges.

Question 211

How many peremptory challenges does each side get for felonies that are not capital or life felonies?

Answer 211

6 peremptory challenges.

Question 212

How many peremptory challenges does each side get for misdemeanors?

Answer 212

3 peremptory challenges.

Question 213

For jointly tried defendants, each defendant gets the regular number of peremptory challenges and the state gets what?

Answer 213

The state gets the sum for all defendants.

Question 214

Does the trial judge in a Florida criminal court have discretion to permit additional peremptory challenges and if so, when?

Answer 214

The trial judge in a Florida criminal court has discretion to permit additional peremptory challenges when appropriate.

Question 215

Peremptory challenges may not be use dot exclude persons of what or what?

Answer 215

Persons o fa particular sex or racial group or any other group subject to strict scrutiny.

Question 216

How does a defendant preserve for appeal a claim that the trail court should have excused a particular juror for cause?

Answer 216

The defendant must object to the juror, exhaust all peremptory challenges, request additional peremptory challenges and be denied, and identify a specific juror that the would have excused if possible.

Question 217

What is the order of basic trial procedure?

Answer 217

State’s opening statement, defendant’s reining statement, state’s case, defendant’s case, state’s rebuttal, charging conference to determine jury instructions, and three closing arguments.

Question 218

May the defendant’s opening statement be reserved until the beginning of defendant’s case?

Answer 218

Defendant’s opening statement may be reserved until the beginning of defendant’s case.

Question 219

What is the order of the three closing arguments in basic Florida criminal trial procedure?

Answer 219

State’s closing argument, defendant’s reply and if defeat replies, state’s rebuttal.

Question 220

Does the court have the discretion to submit questions to witnesses from the jurors?

Answer 220

Florida court has the discretion to submit questions to witnesses from the jurors.

Question 221

Does the court have the discretion to include documents and exhibits in notebooks to be used by the jury?

Answer 221

Florida court has the discretion to include documents and exhibits in notebooks to be used by the jury.

Question 222

Which side may propose jury instructions, the defendant or state?

Answer 222

Both sides may propose jury instructions.

Question 223

Should the Florida standard instructions for a jury be used?

Answer 223

The Florida standard instruction for a jury should be used unless erroneous or inapplicable.

Question 224

When may objections to jury instructions be made?

Answer 224

Before the jury retires or objections are waived.

Question 225

When does a Florida criminal judge instruct the jury on th law?

Answer 225

Before or after the argument of counsel and at any time during the trial.

Question 226

A Florida criminal judge may not instruct the jury on the possible sentence except when?

Answer 226

Except in capital cases.

Question 227

Are all jury instructions in Florida given orally?

Answer 227

All jury instructions are given orally.

Question 228

All jury instructions are given orally but what?

Answer 228

But the the judge may provide the jury with written instructions to take into the jury room as well.

Question 229

Who selects the jury foreman to preside over deliberations?

Answer 229

The jury selects the foreman to preside over jury deliberations.

Question 230

What may jurors take into the room for jury deliberation?

Answer 230

Any materials in evidence other than depositions, copies of the charging instrument and instructions, and verdict forms.

Question 231

When is it mandatory for jurors to take copies of the charging instrument and instructions into the room for just deliberation?

Answer 231

In capital cases.

Question 232

May jurors be recalled to hear new evidence.

Answer 232

Jurors may not be recalled to hear new evidence.

Question 233

Upon request and notice to both sides, jurors may what?

Answer 233

Rehear evidence already given or receive further instructions.

Question 234

Does any testimony read or played back to jurors upon request and notice to both sides have to be done in open court in the presence of all parties?

Answer 234

Any testimony read or played back to jurors upon request and notice to both sides have to be done in open court in the presence of all parties.

Question 235

Once the jurors in capital death penalty cases retire to consider the verdict of a case, must they ve sequestered until they have reached a verdicet or have been discharged by the court?

Answer 235

Absent exceptional circumstdances or waiver by both parties, once jurors in capital death penalty cases in Florida retire to consider the verdict of a case, they must be sequestered until they have reached a verdict or have been discharged by the court.

Question 236

In Florida capital death penalty cases, jurors must be sequestered once they retire to consider the verdict of the case until they have reached a verdict or have been discharged by the court absent what?

Answer 236

Absent exceptional circumstance or waiver by both parties.

Question 237

May jurors separate between the guilt an penalty cases of the trial in a Florida capital death penalty case?

Answer 237

Jurors may separate between the guilt and penalty phases of a Florida capital death penalty case trial.

Question 238

In all other cases other than Florida capital death penalty cases, does a Florida court have discretion to permit the jurors to separate?

Answer 238

In all other cases besides a Florida capital death penalty case, Florida courts have discretion to permit the jurors to separate.

Question 239

Must verdicts be unanimous in Florida criminal courts?

Answer 239

The verdicts of Florida criminal courts must be unanimous.

Question 240

The verdicts of Florida criminal courts must be unanimous except when?

Answer 240

Except in the sentencing phase of a capital trial.

Question 241

Who may poll jurors individually to ensure that there is no dissent in a verdict.

Answer 241

The judge or either side.

Question 242

What should a Florida criminal court verdict include?

Answer 242

Findings for each count for each defendant and should find the degree of each offense if applicable.

Question 243

What happens in Florida criminal procedure when a verdict is ambiguous or incomplete?

Answer 243

The jury may be instructed again and sent back of further deliberations.

Question 244

What is motion for judgment of acquittal in Florida criminal cases equivalent to in Florida civil court?

Answer 244

A motion for a directed verdict.

Question 245

May a motion for judgment of acquittal in Florida criminal cases be made at the close of the state’s case?

Answer 245

A motion for judgment of acquittal in Florida criminal cases may be made at the close of the state’s case.

Question 246

Other than at the close of the state’s case, when may a motion for judgment of acquittal be made?

Answer 246

Post-trial within ten days of a guilty verdict or mistrial.

Question 247

When may a motion for new trial be made in Florida criminal court?

Answer 247

Within ten days of a guilty verdict.

Question 248

What are per se grounds for retrial?

Answer 248

Verdict was by lot or is contrary to the law or weight of the evidence; new, previously undiscoverable evidence would probably change the outcome of the trial.

Question 249

What showing doe retrial require in Florida criminal court?

Answer 249

A showing of prejudice in a variety of situations indicating defendant may not have received a fair trial is required showing for retrial.

Question 250

What may a Florida criminal court judge do in place of granting a new trial?

Answer 250

A Florida criminal court judge may find defendant guilty of a lesser offense.

Question 251

May the state appeal a grant of a new trial? may it retry defendant for a higher offense?

Answer 251

The state may appeal a grant of a new trial but may not retry defendant for higher office.

Question 252

A motion in arrest of judgment is like what?

Answer 252

Like a tardy motion to dismiss.

Question 253

When must a motion in arrest of judgment be filed in Florida criminal court?

Answer 253

Within ten days after defendant is found guilty.

Question 254

What are the available grounds for a motion in arrest of judgment?

Answer 254

Fatal defects in the charging instrument, lack of jurisdiction, and conviction by the jury of an offense not under the charging instrument.

Question 255

What may a party who has reason to believe that the verdict may be subject to legal challenge do?

Answer 255

Move within ten days after rendition of the verdict for an order permitting an interview with a juror or jurors.

Question 256

What is judgment in Florida criminal court?

Answer 256

Judgment is the adjudication by the court that defendant is guilty or not guilty.

Question 257

Upon a judgment by a Florida criminal court of guilty, what?

Answer 257

Defendant must be advised of her right to appeal.

Question 258

May a defendant adjudicated guilt of a noncapital offense be released pending review of her case?

Answer 258

Yes at the discretion of at trial or appellate court in Florida.

Question 259

An appeal of a noncapital offense after an adjudication of guilt must be in what and not what?

Answer 259

In good faith and not frivolous.

Question 260

Are orders denying bail appealable as of right?

Answer 260

Orders denying bail are appealable as of right.

Question 261

As provided by Florida statute, defendants may petition the court to what?

Answer 261

To seal or expunge records.

Question 262

If a Florida criminal court grants a defendant’s petition to seal or expunge records then the court may what?

Answer 262

May direct all agencies holding the record to seal them.

Question 263

A pre-sentence investigative report goes to the trial judge to what?

Answer 263

To aid in sentencing.

Question 264

Must a Florida criminal court judge disclose to both siders all factual matters to prior to sentencing.

Answer 264

A Florida criminal court judge must disclose to both sides all factual matters prior to sentencing.

Question 265

If a Florida court orders defendant to submit to mental or physical exams for sentencing purposes, then what?

Answer 265

Then those reports must be disclosed to the parties.

Question 266

What must judge do before sentencing in a Florida criminal court?

Answer 266

Inquire is there is any reason defendant should not be sentenced like insanity or pardon and also into any plea bargains of which he may be unaware (but he is not bound to these).

Question 267

How are capital cases in Florida divided?

Answer 267

Into guilt and sentencing pass.

Question 268

What may each side introduce in the sentencing phase of Florida capital cases?

Answer 268

Evidence and cross-examine witnesses and is permitted one argument.

Question 269

Which side goes first in the sentencing phase of Florida capital cases?

Answer 269

The state goes first.

Question 270

What does the Florida criminal punishment code do?

Answer 270

Provides a list of objective factors intended to eliminate unwarranted variation in sentences.

Question 271

Is a judge in Florida criminal court generally expected to sentence within the permissible range?

Answer 271

A judge in Florida is generally expected to sentence within the permissible range of the Florida criminal punishment code.

Question 272

May a judge depart form the Florida criminal punishment code by providing written reasons for doing so when circumstances or factors reasonably justify mitigation of h sentence?

Answer 272

A Florida judge in criminal court may depart from the Florida criminal punishment code by providing written reasons for doing so when circumstances or factors reasonably justify mitigation of the sentence.

Question 273

The facts supporting departure from the Florida criminal punishment code must what?

Answer 273

Must be shown by a preponderance of the evidence.

Question 274

The Florida criminal punishment code is implemented by means of what?

Answer 274

Of an Offense Severity Ranking Chart providing for 10 offense levels, ranked from least severe to most severe.

Question 275

Is each felony offense assigned to a level according to the severity of the offense based on the offense severity ranking chart?

Answer 275

Each felony is assigned a level according to the severity of the offense on the offense severity ranking chart.

Question 276

What worksheet is use dot compute the subtotal an total sentence points?

Answer 276

A Criminal Punishment Code worksheet is used to compute the subtotal and total sentence points.

Question 277

May a sentence of death be imposed on a mentally retarded defendant in Florida?

Answer 277

A sentence of death may not be imposed on a mentally retarded defendant in Florida.

Question 278

For the purposes of Florida criminal law determination of a mentally retarded defendant, what I.Q. constitutes mentally retarded

Answer 278

I.Q. of 70 or below.

Question 279

May a Florida criminal court suspend the imposition o fa sentence of imprisonment to place a defendant on probation or community control?

Answer 279

A Florida criminal court may suspend the imposition of a defendant on probation or community control.

Question 280

If a Florida criminal court does suspend the sentience of a defendant on probation or community control and the defendant violates the conditions of probation or community control then what?

Answer 280

Then the court may revoke the suspension.

Question 281

Must a Florida criminal court make special findings to suspend a defendant’s sentence if the probationer or community controlled was under suppression for a serious sex crime or is a violent offender of special concern

Answer 281

A Florida criminal court must make special finding to suspend a probationer or community conrtolee’s sentence if he was under supervision for a serious sex crime or is a violent offender of special concecrn.

Question 282

What may constitute a serious sex crime or a violent offender of special concern in Florida?

Answer 282

A convicted murderer, rapist, terrorist, hijacker.

Question 283

When may a party move to have any error in sentencing corrected?

Answer 283

The later of either the expiration of the time for taking an appeal or the party files a brief n direct appeal.

Question 284

Only under what two limited circumstances may the state move to correct any error in sentencing?

Answer 284

Only to benefit the defendant or to correct a scrivener’s error.

Question 285

Under what circumstances may a party me at anytime after the direct appeal proceeding has concluded for the sentencing court to correct what?

Answer 285

An illegal sentence, an error in sentencing scoresheet calculation ,a sentence that does not grant proper credit for time served, or an allegedly erroneous sexual predator designation.

Question 286

How may a Florida criminal court reduce a legal sentence and at what time for a correction or reduction of sentence?

Answer 286

Sua sponte or on motion within 60 days after the imposition of the sentence, receipt of appellate court mandate affirming the sentence, or receipt of the final order in any further appeal.

Question 287

What is the proper Florida criminal procedure for executing a legal sentence?

Answer 287

Defendant is committed to the sheriff’s custody upon sentencing to any penalty other than death.

Question 288

May a prisoner be executed while insane in Florida?

Answer 288

No prisoner may be executed while insane.

Question 289

Who must conduct a hearing to determine sanity during the execution of a criminal sentence in Florida, before a court may stay an execution based on insanity?

Answer 289

The governor must conduct a hearing to determine sanity of a defendant before a court may stay an execution based on insanity.

Question 290

After the govener conducts a hearing to determine sanity before a court may stay an execution based o insanity, what is properly done in Florida criminal procedure?

Answer 290

The trial court then conducts a de novo hearing to determine sanity.

Question 291

Does a prisoner seeking heabeas corpus relief remin in custody pending an appellate review of his or her petition?

Answer 291

A prisoner seeking habeas corpus relief remains in custody pending appellate review of his or her petition.

Question 292

A prisoner in Florida, seeking habeas corpus relief remains in custody pending appellate review of his or her petition unless what?

Answer 292

Unless the petition is granted.

Question 293

When a prisoner’s petition for habeas corpus is granted in Florida, then what?

Answer 293

Then the defendant may be released on bail.

Question 294

When is criminal contempt in Florida considered direct?

Answer 294

When the objectionable conduct occurs in the presence of the judge.

Question 295

When is criminal contempt in Florida considered indirect?

Answer 295

When the objections conduct occurs outside the presence of the judge.

Question 296

In the case of indirect contempt, a Florida criminal court does what procedurally?

Answer 296

Issues an ordre to show cause and holds hearing at which the judge a prosecutor or appointed attorney may prosecute.

Question 297

If contempt was on a Florida criminal judge, she must what in relation to the order to show cause and hearing to prosecute defendant, if the contempt was of her personally?

Answer 297

She must disqualify herself if the contempt was of her personally.

Question 298

In direct criminal contempt in Florida judgment and sentence may what?

Answer 298

May be pronounced summarily.

Question 299

In a case of direct criminal contempt in Florida, judgment and sentence may be pronounce summarily but the defendant has what right?

Answer 299

But the defendant has a right to present excusing or mitigating evidence.

Question 300

Out of a motion for habeas corpus relief and a motion for post conviction relief, which supersedes?

Answer 300

The motion for post conviction relief.

Question 301

Because a motion for post conviction relief supersedes a motion for habeas corpus relief, which must be exhausted first?

Answer 301

The motion for post conviction relief.

Question 302

A motion for post conviction relief is presented where and available to whom in Florida?

Answer 302

Presented to the sentencing court and is available to anyone sentenced by Florida courts.

Question 303

What are the grounds for a motion for post conviction relief in Florida?

Answer 303

Grounds include constitutional issues, lack of jurisdiction, involuntary plea, collateral attacks, and others.

Question 304

Generally, when must a motion for post conviction relief in Florida be made?

Answer 304

Generally a motion or post conviction relief must be made within two years after the sentence is imposed.

Question 305

When is a hearing held of a motion for post conviction relief in Florida?

Answer 305

Only if the motion an records of the caSe do not show on their face that no relief is warranted.

Question 306

Must a moving party for a post conviction relief motion be present?

Answer 306

The moving party need not be present.

Question 307

Is denial of a motion for post conviction relief appealable?

Answer 307

A motion for post conviction relief is appealable.

Question 308

When is post sentencing DNA testing appropriate in Florida criminal procedure?

Answer 308

When a defendant found guilty of committing a crime petitions the court to order examination of evidence that may contain DNA that would exonerate the defendant or mitigate the sentence received.

Question 309

A petition in Florida criminal court for post-sentence DNA testingmust allege what?

Answer 309

The evidence was not previously tested if it was tested the realists were inconclusive, new testing techniques would likely result in a definitive result establishing that the movant is not the person who committed the crime.

Question 310

When may a petition for post sentence DNA testing be made by movant in Florida?

Answer 310

Any time after the judgment and sentencing become final.

Question 311

What is the general Florida criminal procedure rule for service of pleadings and papers?

Answer 311

Every pleading subsequent to the initial indictment or information, order not entered in open court, written motion, written notice, demand, and similar paper must be served on each party in conformity with the Florida Rules of Judicial Administration.

Question 312

What pleadings must be served on each party in conformity with the Florida Rules of Judicial Administration?

Answer 312

Every pleading subsequent to the initial indictment or information, every order not entered in open court, every written motion, every written demand, and every similar paper.

Question 313

Every pleading subsequent to the initial indictment or information, every order not entered in open court, every written motion, every demand, and every similar paper must be served on who in conformity with what in Florida criminal procedure?

Answer 313

On each party in conformity with the Florida Rules of Judicial Administration.

Question 314

Must a plead of not guilty be in writing?

Answer 314

A plea of not guilty is not required to be in writing.

Question 315

Does all process have to be served by the sheriff of th county where the person to be served is found?

Answer 315

All process must be served by the sheriff of the county where the person to be served is found.

Question 316

All process must be served by the sheriff of the county where the person to be served is found, except what?

Answer 316

Except criminal witness subpoenas and criminal summonses may be served by a certified process served or by a special process server appointed by the sheriff.

Question 317

Certified process server or special process server, appointed by the sheriff may serve what?

Answer 317

Criminal witness subpoenas and criminal summonses.

Question 318

Where may special process server, appointed by the sheriff, serve process?

Answer 318

Only in the county in which the sheriff who appointed him resides and cannot have any persona interest in a case for which he serves process.

Question 319

With who must all court records be filed?

Answer 319

With the clerk of the court.

Question 320

What must be filed in criminal procedure with the clerk of the court in Florida?

Answer 320

Any paper document that is a judgment and sentence, or required by statute or rule to be sworn to or notarized.

Question 321

When must any paper document that tis a judgment and sentence, or is required by state or rule to be sworn to or notarized filed with the clerk in Florida?

Answer 321

Either before service or immediately thereafter.

Question 322

How is filing in Florida criminal procedure generally made?

Answer 322

By filing with the clerk of the court.

Question 323

Filing with the clerk of court is how filing in Florida criminal procedure is generally made except what?

Answer 323

Except that a judge may permit papers to be filed with her, in which case she must note the filing date and transmit the papers to the office of the clerk.

Question 324

In computing time periods under Florida Rules of Criminal Procedure, if the period is stated in hours, then what?

Answer 324

Count begins immediately on occurrence of the triggering event and hours during weekends and holidays are included. If the period would end during a weekend or on a legal holiday, period continues to run until the same time on the next business day.

Question 325

In computing time periods under Florida Rules of Criminal Procedure, if the period is stated in units of a day or longer, then what?

Answer 325

The count begins the day after the day of the triggering event and weekends and legal halides are not included is the period is less than 7 days. If a period ends on a weekend of legal holiday then the period ends at the end of the next business day.

Question 326

In computing time periods of a day or longer, weekends and legal holidays and not included if the period is less than 7 days except what?

Answer 326

Except with respect to a first appearance, pretrial detention, or non-adversary probable cause hearing.

Question 327

If notice is served by mail and a party has the right or is required to do something within a prescribed period after service, then what?

Answer 327

Then three days are added to the prescribed period.

Question 328

May a Florida criminal court generally expand time periods for good cause?

Answer 328

A Florida criminal court generally may expand time periods for good cause.

Question 329

A Florida criminal court generally may expand time periods for good cause except what three circumstances?

Answer 329

Except a court may not expand the time period for making a motion for new trial or taking an appeal or making a motion for a judgment of acquittal.

Question 330

When may the state file a motion for rehearing with the trial court?

Answer 330

Within ten days after the court issues an order that is subject tot appellate review.

Question 331

What issues may a motion for rehearing raise?

Answer 331

Only those issues previously raised in the criminal proceeding.

Question 332

A response to a motion for rehearing may be filed when?

Answer 332

Within ten days of service of the motion..

Question 333

When must the Florida criminal procedure trial court file an order disposing of the motion for a rehearing?

Answer 333

Within 15 days of the response but not later than 40 days from the date of the order of which rehearing is sought.

Question 334

If no order by the Florida criminal trial court is filed within forty days, the motion is what?

Answer 334

Is deemed a denial.

Question 335

When is the time for filing an appeal tolled in Florida criminal procedure?

Answer 335

While the motion for rehearing is pending.

Question 336

What happens in Florida criminal procedure if a judge is unable to proceed due to death or disability?

Answer 336

Another judge who certified that she has become familiar with the case, may proceed.

Question 337

Another judge who certifies that she has become familiar with a case may proceed when the original judge is unable to due to death or disability except when?

Answer 337

Except that in death penalty sentencing proceedings a successor judge who did not hear the evidence educing penalty phase of the trial must conduct a new sentencing proceeding before a new jury.