Gen MC Flashcards
What does it mean when the court will “pronounce” a sentence?
To enforce it
What are 3 reasons why a court may delay or not enforce a sentence?
1) The individual is deemed insane
2) The individual is pregnant
3) The individual has been pardoned
When can two or more offenses triable in the same court be joined as separate counts in an indictment or information?
When they are based on the same or connected acts or transaction.
When can a defendant seek a severance of charges if they are properly joined in one charging document?
If the defendant can show that severance is proper in order to fairly determine guilt or innocence on each charge or is necessary for a fair determination of each offense.
What court are felonies tried in?
Circuit Court
What court are mis. tried in?
County Court (if not joined with felony)
What courts are violations of municipal and county ordinances tried in?
County Court
What courts are first appearances done in?
County Court
Where are non-criminal traffic offenses heard?
County Court
Where are criminal traffic offenses heard?
Circuit Court
True or False: All persons held in custody are entitled to pretrial release on reasonable grounds.
True unless no condition of release can adequately protect the community from the risk of harm to an person.
Can a court consider the limited resources of the prison system when deciding a sentence?
Yes
Can the court depart from sentencing guidelines even if the prosecution agreed in a plea not to seek a departure from the recommended sentence?
Yes
When must a party file a motion to change venue?
10 days prior to trial
Can courts consider arrest to increase a sentence?
No
Can testimony at a pre-trial release hearing be used against Defendant?
No
If trial has begun, can the prosecution amend the charging document.
No - must be done before trial begins.
True or False: Violations of ordinances even if punishable less than one year are not misdemeanors.
True
What is the timeline to dismiss for failure to bring speedy trial?
50 days lapse
Defendant provides ct with notice of expiration
Court holds hearing in 5
P must start case in 10 or upon D’s motion, Case is dismissed with prejudice.
What is the jurisdiction of Circuit?
Misdemeanor with Felonies Felonies Writs Juvenile Traffic (if criminal)
What is the jurisdiction of the County Court?
Misdemeanor (no felony)
Violation of Municipal or county ordinance
First Appearance
Traffic Offenses
If you commit a felony and can be incarcerated, where do you go?
Prison
If you commit a misdemeanor and can be incarcerated, where do you go?
Jail
What is the charging instrument for crime punishable by death?
Indictment
True or False: In a charging document, D’s name is not required. A description or fictitious name is enough.
True
For what crimes can a notice to appear be used?
Misdemeanors or county/municipal ordinance violations.
How do you charge non-capital felonies?
Indictment or Info
How do you charge circuit mis-felony?
Indictment or Info
How do you charge violation of ordinance?
Any
State has __ days to file a charging instrument when D is detained before trial.
30
If the State does not file the charging instrument within 30 days of D being detained, when must D be released.
33rd day can be extended to 41
When can a person move for adversarial prelim hearing?
21 days after arrest
When can a charging instrument be amended?
Anytime prior to trial
What are documents filed to get D back in court?
From Judge: Arrest warrant/bench warrant
From Clerk: Summons for Misd.
Police: Notice to appear
Judicial Office: Notice to appear but must do a reasonable investigation before giving it.
What does D get at first apperance?
Copy of charges
Advised of constitutional rights
Appointed counsel if indigent
For a capital felony what must be proved to detail D before trial?
1) Charged with capital or life felony
2) Proof of guilty is great
In what cases is a party entitled to counsel?
1) Felony
2) Misdemeanor or Ordinance violation punishable by incarceration
3) Juvenile Cases
4) Appeals to above cases
What is required for D to waive right to counsel?
Either
1) Writing attested by 2 witnesses; or
2) Made in court on the record after inquiry by judge that it was voluntary, knowingly, and intelligently.
True or False: If waived, Court must offer counsel to D at each subsequent stage of a proceeding.
True
Is discovery in FL reciprocal?
Yes - each side knows what the other has.
What happens after D request discovery?
P has 15 days to disclose infor it has. -Name/address of people -Recorded grand jury testimony -Physical evidence D must then disclose W and expert reports.
How many jurors in most cases?
6
How many jurors in capital cases?
12
How many peremptory for capital and life felonies?
10
How many peremptory for non capital?
6
How many peremptory for mis?
3
Time for start of case if Misdemeanor and no speedy trial?
90 of arrest
Time for start of case if Felony and no speedy trial?
175 of arrest
Time for start of case if retrial and no speedy trial?
90 from order awarding new trial.
Rule for Pre Trial Release
All persons are entitled to it unless
1) Charged with a capital offense or crime punishable by life imprisonment
AND
2) Proof of guilt is evidence or presumption of guilt is great.
What is the rule regarding non adversary hearing and the right to receive it?
All persons have a right to it within:
1) 48 hours of arrest if in custody
OR
2) 21 days if released on bail or personal recognizance as long as there is a restraint on liberty
Who is entitled to adversarial hearing?
A felony defendant who has not been formally charged within 21 days of arrest.
Probable cause determination on all felony charges.
How are capital crimes charged?
Indictment
How are prosecutions in circuit court charged?
Indictment or Info
If released, what is the condition to get a non adv hearing?
1) File a motion within 21 days of arrest
2) Establish that release conditions are a restraint on liberty
What occurs if a demand for speedy trial is made before charges are filed or known to defendant?
Its void - regular trial timelines apply.
When can D file a motion for speedy trial?
60 days after the filing for formal charges
If D makes a motion for speedy trial, when must trial start?
50 days after the demand
Must an evidentiary hearing be held regarding post conviction or collateral relief motion?
No - a status hearing must be held within 90 days.
A sentence of sexual batter or murder must be imposed _____ to any other sentence for same crime out of different episode.
Consecutively
A sentence of sexual battery or murder can run _____ with a sentence for any other offense out of the same charging instrument.
Concurrently.
