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Crim Pro > Gen MC > Flashcards

Gen MC Flashcards

1
Q

What does it mean when the court will “pronounce” a sentence?

A

To enforce it

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2
Q

What are 3 reasons why a court may delay or not enforce a sentence?

A

1) The individual is deemed insane
2) The individual is pregnant
3) The individual has been pardoned

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3
Q

When can two or more offenses triable in the same court be joined as separate counts in an indictment or information?

A

When they are based on the same or connected acts or transaction.

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4
Q

When can a defendant seek a severance of charges if they are properly joined in one charging document?

A

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.

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5
Q

What court are felonies tried in?

A

Circuit Court

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6
Q

What court are mis. tried in?

A

County Court (if not joined with felony)

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7
Q

What courts are violations of municipal and county ordinances tried in?

A

County Court

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8
Q

What courts are first appearances done in?

A

County Court

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9
Q

Where are non-criminal traffic offenses heard?

A

County Court

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10
Q

Where are criminal traffic offenses heard?

A

Circuit Court

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11
Q

True or False: All persons held in custody are entitled to pretrial release on reasonable grounds.

A

True unless no condition of release can adequately protect the community from the risk of harm to an person.

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12
Q

Can a court consider the limited resources of the prison system when deciding a sentence?

A

Yes

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13
Q

Can the court depart from sentencing guidelines even if the prosecution agreed in a plea not to seek a departure from the recommended sentence?

A

Yes

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14
Q

When must a party file a motion to change venue?

A

10 days prior to trial

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15
Q

Can courts consider arrest to increase a sentence?

A

No

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16
Q

Can testimony at a pre-trial release hearing be used against Defendant?

A

No

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17
Q

If trial has begun, can the prosecution amend the charging document.

A

No - must be done before trial begins.

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18
Q

True or False: Violations of ordinances even if punishable less than one year are not misdemeanors.

A

True

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19
Q

What is the timeline to dismiss for failure to bring speedy trial?

A

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.

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20
Q

What is the jurisdiction of Circuit?

A 
Misdemeanor with Felonies
Felonies
Writs
Juvenile
Traffic (if criminal)
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21
Q

What is the jurisdiction of the County Court?

A

Misdemeanor (no felony)
Violation of Municipal or county ordinance
First Appearance
Traffic Offenses

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22
Q

If you commit a felony and can be incarcerated, where do you go?

A

Prison

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23
Q

If you commit a misdemeanor and can be incarcerated, where do you go?

A

Jail

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24
Q

What is the charging instrument for crime punishable by death?

A

Indictment

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25
Q

True or False: In a charging document, D’s name is not required. A description or fictitious name is enough.

A

True

26
Q

For what crimes can a notice to appear be used?

A

Misdemeanors or county/municipal ordinance violations.

27
Q

How do you charge non-capital felonies?

A

Indictment or Info

28
Q

How do you charge circuit mis-felony?

A

Indictment or Info

29
Q

How do you charge violation of ordinance?

A

Any

30
Q

State has __ days to file a charging instrument when D is detained before trial.

A

30

31
Q

If the State does not file the charging instrument within 30 days of D being detained, when must D be released.

A

33rd day can be extended to 41

32
Q

When can a person move for adversarial prelim hearing?

A

21 days after arrest

33
Q

When can a charging instrument be amended?

A

Anytime prior to trial

34
Q

What are documents filed to get D back in court?

A

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.

35
Q

What does D get at first apperance?

A

Copy of charges
Advised of constitutional rights
Appointed counsel if indigent

36
Q

For a capital felony what must be proved to detail D before trial?

A

1) Charged with capital or life felony

2) Proof of guilty is great

37
Q

In what cases is a party entitled to counsel?

A

1) Felony
2) Misdemeanor or Ordinance violation punishable by incarceration
3) Juvenile Cases
4) Appeals to above cases

38
Q

What is required for D to waive right to counsel?

A

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.

39
Q

True or False: If waived, Court must offer counsel to D at each subsequent stage of a proceeding.

A

True

40
Q

Is discovery in FL reciprocal?

A

Yes - each side knows what the other has.

41
Q

What happens after D request discovery?

A 
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.
42
Q

How many jurors in most cases?

A

6

43
Q

How many jurors in capital cases?

A

12

44
Q

How many peremptory for capital and life felonies?

A

10

45
Q

How many peremptory for non capital?

A

6

46
Q

How many peremptory for mis?

A

3

47
Q

Time for start of case if Misdemeanor and no speedy trial?

A

90 of arrest

48
Q

Time for start of case if Felony and no speedy trial?

A

175 of arrest

49
Q

Time for start of case if retrial and no speedy trial?

A

90 from order awarding new trial.

50
Q

Rule for Pre Trial Release

A

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.

51
Q

What is the rule regarding non adversary hearing and the right to receive it?

A

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

52
Q

Who is entitled to adversarial hearing?

A

A felony defendant who has not been formally charged within 21 days of arrest.

Probable cause determination on all felony charges.

53
Q

How are capital crimes charged?

A

Indictment

54
Q

How are prosecutions in circuit court charged?

A

Indictment or Info

55
Q

If released, what is the condition to get a non adv hearing?

A

1) File a motion within 21 days of arrest

2) Establish that release conditions are a restraint on liberty

56
Q

What occurs if a demand for speedy trial is made before charges are filed or known to defendant?

A

Its void - regular trial timelines apply.

57
Q

When can D file a motion for speedy trial?

A

60 days after the filing for formal charges

58
Q

If D makes a motion for speedy trial, when must trial start?

A

50 days after the demand

59
Q

Must an evidentiary hearing be held regarding post conviction or collateral relief motion?

A

No - a status hearing must be held within 90 days.

60
Q

A sentence of sexual batter or murder must be imposed _____ to any other sentence for same crime out of different episode.

A

Consecutively

61
Q

A sentence of sexual battery or murder can run _____ with a sentence for any other offense out of the same charging instrument.

A

Concurrently.

Crim Pro (5 decks)

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