Formal charges, Joinder, Arraignment

Question 1

Indictment

Answer 1

Any crime may be, and all capital crimes MUST be, prosecuted by indictment by grand jury.

Question 2

Information

Answer 2

State atty may prosecute any non-capital crime with an information.

Question 3

County court notices

Answer 3

Misdemeanors and ordinance violations may be prosecuted by either:

i. Affidavit
ii. Docket entry
iii. Notice to appear

Question 4

Technical Req’s

Answer 4

Information or Indictment must state:

i. Essential facts (name, offense, law,
ii. Prosecution brought by State of Florida

D has right to copy at at least 24 hrs before req to plead.

Question 5

Joinder of offenses

Answer 5

Offenses may be joined in one indictment/information if from same T/O

Question 6

3 Rules for Joinder of D’s

Answer 6

Each D is charged with accountability for each offense charged
Each D is charged with conspiracy and some of the D are also charged with one or more offense alleged to have furtherd the conspiracy
Even if conspiracy is not charged and all Ds are not charged in each count, it is alleged that the several offenses charged were part of a common plan/scheme

Question 7

Severance of D’s

Answer 7

Either side may move for severance of D’s if to ensure fair determination or speedy trial.

Where one D’s statement implicates another co-D, FL req’s State to choose either:

i. Not using statement
ii. Removing reference to co-D and sever trials

Question 8

Arraignment

Answer 8

Either guilty, not-guilty, or nolo contendre.

-D may enter written plea for Not Guilty

Question 9

Withdrawal of guilty plea

Answer 9

Court may permit a withdrawal before sentencing.
-Evidence of withdrawal may NOT be used at trial.
D may withdraw guilty plea 30 day’s after sentencing on limited grounds (no SMJ, sentencing error, etc.)

Question 10

Plea Bargaining

Answer 10

Judge has discretion whether to go along with plea agreement.
-Prosecutor must inform judge of all material facts that might exonerate D.

-If D breaches plea, State may move to vacate plea w/i 60 days of breach.

Question 11

Presence of D

Answer 11

D can waive arraignment (if not guilty plea) and pretrial conferences.
Otherwise, expected to be at all other proceedings.

-Misdemeanor D’s can seek leave to not attend any proceeding.