Jurisdiction & Right to Counsel Flashcards
Jurisdiction - Trial Courts
County Court: Misdemeanors (up to a year in jail)
Circuit Court: Felonies (1 year or more in prison)
Right to Counsel
An indigent person is entitled to a court appointed lawyer if the crime that they are charged with has any change of resulting in jail time.
Right to Counsel Exception
Only way to avoid the right to counsel is if a judge signs an order of no incarceration = judge is promising not to impose jail if convicted = binding order
- judge has to agree at least 15 days in advance
- does not apply to felonies
Jurisdiction - Appellate Courts
Circuit Cts: can hear appeals from county ct, except those heard directly by supreme court
District Ct: hear appeals as of right from circuit ct judgments & sentences
Supreme Court of FL: (either mandatory or discretionary review) jurisdiction over: death penalty cases; cases from lower courts initially construing the validity of a state or fed stat, treaty, or con provision; district ct decisions conflicting with other district ct or supreme ct decisions;extraordinary writs; and certified questions
Waiver of Right
defendant may waive right to counsel if done: (i) knowingly; (ii) intelligently, and (iii) voluntarily
- must be made in court or out of court in writing in front of 2 witnesses
Withdrawal of Defense Counsel
cannot withdraw unless with approval of the court for good cause
Attorneys in felony cases
must complete a course approved by the FL bar covering the legal and ethical obligations of discovery in a crim case
Attorneys in Capital Cases
- lead counsel must have at least 5 years of experience
- tried as lead counsel at least 9 complex cases
- have experience using expert witnesses
- at least 12 hours of cle dealing w the defense of capital cases
Felony
punishable by death or imprisonment in a state correctional facility for more than one year
Misdemeanor
punishable by imprisonment in a county correctional facility for not more than one year
