Florida Procedure Flashcards
Timing for motion and hearing
Served in reasonable time before hearing
In Florida, when is someone not entitled to a lawyer
ONI in misdemeanor
Requirements of an ONI—when can’t counsel be discharged
Discretion of court—15 days prior to trial WRITTEN ONI (15 days can be waived), can’t face jail even on VOP.
If in jail OR substantially disadvantage by discharge
Request to represent oneself
Cannot deny, regardless of legal skills or complexity of case if unequivocal. Must be a KNOWING and INTELLIGENT waiver and no severe mental illness that would make them not competent
MUST RENEW this at every stage of the proceedings
Can a defendant appear virtually for pretrial conferences
If judge allows it AND defendant or lawyer waives physical attendance—requires notice!
Can testimony be taken virtually?
Only if all parties consent—requires waiver to confrontation rights
What’s required for an arrest warrant?
- In writing
- Set forth substantially the nature of the offense
- Command person be arrested and brought before a judge
- Specify name of person to be arrested
- Date and county
- Signed by judge
- Bail amount if it’s a bondable offense
What charges are eligible for notice to appear
Misdemeanors and county ordinance violations
Exceptions to when a NOA can be given
-If the accused refuses to identify himself
-Refuses to sign NOA
- If officer thinks liberty risks bodily injury
-No ties with the jurisdiction
- suspicion accused may wanted
-Previous FTA or PTR violation
When shall FAH occur
Within 24 hours of arrest
Arthur standard
Proof of guilt evident, presumption great
General rule for when pretrial detention is allowed
No conditions of release can reasonably protect community from physical harm or assure the presence of accused at trial
Release presumption
Presumption of release on nonmonetary conditions
Can another judge modify bond or ptr
Only the judge who did it initially, the FAH judge, the judge assigned to the trial, the chief judge
How much notice for a modification on bail on a felony charge?
3 hours notice to state
New PTR detention statute
Judge MUST detain for dangerous crimes if following circumstances:
-Substantial probability committed offense
-Past and present pattern of behavior
-Standard bond criteria
-if conditions of release will protect community and ensure d’s presence at trial
When shall a defendant be released if not formally charged
30 days after arrest or service of capias—shall order ROR on 33rd day unless state files formal charges by then after notice OR if good cause can extend to 40 days. NO circumstances past 40 days unless formally charged with a crime.
Can you plea without an information
Only for misdemeanors at FAH
Withdrawal of plea before sentencing
Court discretion—SHALL on good cause, at any time before sentence allow it to be withdrawn. Can’t be used against him.
Withdraw of plea after sentencing
30 days but only for certain reasons
When can a trial proceed without the defendant
A misdemeanor by D’s own request and leave of the court; or if D intentionally absents himself after the trial has started
How long for state to give notice to seek death penalty
45 days of arraignment
Can speedy be extended?
Only if time hasn’t already extended and exceptional circumstances
How long to try someone after mistrial or appeal by the state
90 days
Time for battered wife defense
30 days prior to trial
Can things in a comp report be used against defendant
No! Only if D uses it for some other reason then state can say it was waived
When should notice to rely on insanity be filed
15 days of arraignment
When can a CI be identified
If going to testify at hearing or trial or if it would infringe on constitutional rights not to
Where should depo take place
In the building where trial would be held unless agreed on some other location if they live in county
Out of county, in a court reporters office in their location
When should depo be visually recorded
If under 18–can’t be if over 18 without good cause or consent
Depos of LEOs
No need for subpoena—written notice—5 days notice
Defendant at deposition
Not allowed unless stipulation or court order because of good cause
Change of venue motion
Fair and impartial trial can’t happen there—affidavits of moving and 2 or more other people saying why and a certificate of good faith—no less than 10 days before trial
How long to renew JOA
10 days
How long for motion for new trial or arrest of judgment
10 days
Expungement vs sealing
Expungement is only for NP, NG, NB. Sealing is if you get a withhold.
When are juvenile charges scored in Florida
Within 5 years of the primary offense and if it would’ve been criminal if committed by an adult AND sex offenses more than 5 years if not conviction free for 5 years
