Part 1 - Court Activities Flashcards by George Perez

When an employee is requested to give a statement or to appear, without a subpoena having been served by the County Attorney of a county other than Miami-Dade, or by another law enforcement agency, the employee shall immediately notify the ______

Police Legal Bureau.

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TESTIMONY IN BEHALF OF DEFENDANTS:

Employees subpoenaed to testify for the defense will immediately notify their supervisor and the ________.

prosecutor handling the case.

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ASSISTING CRIMINALS:

Except as authorized below, employees shall not communicate information which might assist persons suspected of or charged with criminal acts:

exonerate

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Arrest Warrant Procedures:

When presenting affidavits and arrest warrants to a judge, the police officer will furnish a copy of the defendant’s ____ rap sheet when available.

FBI

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John or Jane Doe warrants:

John and Jane Doe warrants will be held at the Warrants Bureau awaiting execution for a maximum of____ working days.

If not executed within this time, the warrant is forwarded by the Warrants Bureau to the Circuit Court Clerk’s office for cancellation.

five

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Warrant:

Filing information for a summons or warrant is the prerogative of the ____. Final determination of issuing a summons or a warrant is the prerogative of the **issuing judge. **

SAO

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IMPROPERLY COMPLETED COMPLAINT/ARREST AFFIDAVIT:

Felony - After Arrest: The concerned officer will appear within __ hours with the information necessary to proceed with prosecution. Appearance may be in an on-duty status when authorized by the officer’s immediate supervisor.

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IMPROPERLY COMPLETED COMPLAINT/ARREST AFFIDAVIT:

Misdemeanor - After Arrest: If the concerned officer fails to appear and correct deficiencies within _____ calendar days, the SAO will cease further action on the case.

Appearance may be in an on-duty status when authorized by the officer’s immediate supervisor.

seven

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Short-Term Notification to Appear:

Traffic Cases: An officer may request personal service of a summons to a traffic offender when the speedy trial expiration date is ___ days or less.

five

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Report Processing Elements:

Supervisors of Crime Analysis Units: Forward Affidavit Prefile packages rejected by the SAO on an Affidavit Prefile Additional Information Required form to the concerned supervisor for correction and ensure that it is returned from the supervisor within ____ days.

three

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Telephone Scheduled Prefiling Conference Appointments:

Officers making felony arrests involving probable cause that do not qualify for Affidavit Prefile are to contact the SAO within __ hours by telephone to schedule a Prefiling Conference (PFC) appointment.

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ARREST OF FOREIGN NATIONALS:

Florida Statutes, Chapter 901, requires the official who arrests or detains a foreign national to immediately notify the appropriate consular or ____ officials, or if unknown, the nearest **State judicial officer. **

embassy

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EXCEPTIONALLY CLEARED CASES:

Cases may be exceptionally cleared only if the ____ charges or the SAO refuses to file charges.

victim refuses to press charges

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PRODUCTION OF POLICE REPORTS:

All pertinent police reports, including written, recorded, or summarized statements, tapes, and memorandums, will be delivered within __ days of the day of arrest to the ASA handling the case.

Notes taken by police, which are used to complete a finalized police report, **are not required to be automatically provided to the SAO. **

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Felony:

All felonies shall be investigated by MDPD except for _________________ or marked “Account Closed.”

worthless checks returned for insufficient funds

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Citizen Dispute Center:

The Citizen Dispute Center is available to any person who has a complaint against another individual that might normally result in a _______ charge.

misdemeanor

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Bad Check Restitution Program:

There is no_____ worthless check amount required to qualify for the program, and no police case number needs to be issued.

If no restitution is received by the victim within sixty (60) days, the victim should recontact the Victim Hotline number.

minimum

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Service of Process:

Service may be made on federal employees on federal property; however, the employee’s supervisor must be notified and _____ before service is effected.

grant permission

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Types of Service:

Personal service: Personal service may be rendered upon any individual at any location in the County except:

hospital patients, unless permission has been granted by the ___________.
persons under the jurisdiction of a federal court, **while in the courtroom. **

attending physician

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Types of Service:

Posted service: Posted service is accomplished by attaching the writ to a conspicuous portion (preferably the front door) of the premises described in the writ.

The service may be utilized to serve a ___ Day Summons, Removal of Tenant (Unlawful Detainer), or Tax Notice, when personal or substitute service cannot be effected.

Five

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Officers do not have arrest authority for a violation of a____ restraining order unless the issuing judge has set forth specifics within the order which direct the law enforcement agency to take action.

civil

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Define:

The Sheriff is directed by the court to seize specific property obtained under a rental agreement and for which the renter has failed to make payment(s), and return the property to the owner of record.

Replevin

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Define:

Writ of ___ (Eviction): The Sheriff is directed by the court to remove all person(s) from a domicile, building, or land, for non- payment of monies related to the property, and to **place the plaintiff “in possession.” **

Possession

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County Attorney’s Office:

When an employee receives notification to appear at a deposition at the request of the County Attorney or the attorney for the County insurance carrier in regard to a suit against the County or the Department, attendance of the employee is _____ at the time and place stated.

**A subpoena is not required for appearance of an employee in this instance. **

mandatory

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Employees will not execute a written or signed statement to the defendant or his attorney in a criminal case, nor to a plaintiff or his attorney in a ____ case in which the County is involved, **except upon approval of the ASA or Assistant County Attorney handling the case. **

civil

Failure to Appear: Failure to appear for a deposition may result in one or more of the following actions against the employee: 1. Cited for contempt of court. 2. Disciplinary action by the Department. * If subpoenaed by the plaintiff's attorney: 1. The court can require the employee to \_\_\_\_ **expenses of the court reporter, attorney fees, and other related costs. **

pay

Deposition Processing Delay: ## Footnote Upon experiencing a delay of approximately __ minutes in the presentation of a deposition **at the SAO**, the employee will contact the Court Services Bureau, Liaison Desk, for assistance **prior to leaving the location of the deposition. **

SERVICE OF SUBPOENAS, PREFILING AND PRETRIAL CONFERENCE APPOINTMENTS: ## Footnote General: The **Court Services Bureau is responsible for receipt and distribution of subpoenas, prefiling and pretrial conference appointments** to the employee's element of assignment provided that the scheduled court activity date _allows at least __ days notice,_ t**ime computation beginning when received by Court Services Bureau. **

five

SERVICE OF SUBPOENAS, PREFILING AND PRETRIAL CONFERENCE APPOINTMENTS: ## Footnote Subpoenas, prefiling or pretrial conference appointments with **less than __ days notice** will be marked RUSH and will be distributed by the Court Services Bureau via facsimile or by telephone notification.

three

SERVICE OF SUBPOENAS, PREFILING AND PRETRIAL CONFERENCE APPOINTMENTS: ## Footnote Florida Rules of Criminal Procedure and local court practices **require the filing of** ____ cases **within 21 days of the subject's arrest. **

**felony**

Supervisors will investigate failures to appear for a scheduled court activity and initiate _____ action as appropriate.

corrective

Court activity notifications will not be returned to the Court Services Bureau marked **NO SERVICE** unless the employee is on, or has been previously approved for, **annual leave, sick leave, _________ leave, or other approved departmental leave** (e.g., out of County on job assignment).

emergency

Updating Employee's Status: ## Footnote Each bureau and district commander is responsible for maintaining a \_\_-week projection of duty assignments, training dates, and leave time in the police portion of the WIS.

six

When time limitation dictates, service of subpoenas, prefiling and pretrial conference appointments, and SAO memorandum notices will be accomplished by \_\_\_\_\_\_\_** service at the employee's residence or other location. **

personal

* Only **Court Services Bureau** can place an officer on \_\_\_\_\_\_ status. * Every effort will be made by the Court Services Bureau to deliver subpoenas to the officers within\_\_\_ days after receipt.

standby/five

Juvenile Court Subpoenas: ## Footnote **On-Duty appearance**: an employee is defined as "On-Duty" if the work hours **commence between** the hours of \_\_\_\_ a.m. and 9:00 a.m.

6:00

Juvenile Court Subpoenas: ## Footnote **An employee in an on-duty status** subpoenaed to appear at the **Juvenile Justice Center** _will not appear_ unless the case is a \_\_\_\_\_\_\_\_\_,

misdemeanor

Juvenile Justice Center On Duty Court Appearance: ## Footnote The employee will have __ minutes to respond, or respond at the appointed time, if greater than __ minutes. The employee's immediate supervisor will ensure that the employee is at the Juvenile Justice Center within __ minutes, or at the appointed time, if greater than __ minutes. **The employee must check out needed evidence before responding to court. **

Juvenile Justice Off-Duty Appearance: ## Footnote If the employee is needed, the Juvenile Court Liaison will have the concerned employee respond to the Juvenile Justice Center within __ hours, or at the appointed time, if greater than __ hours. **The employee must check out needed evidence before responding to court. **

two

Juvenile Justice Off-Duty Appearance: ## Footnote If the concerned employee is not personally available at the number(s) provided, or does not make contact with the Juvenile Court Liaison within __ minutes, this will be **considered a "no response"** and appropriate notifications will be made to the concerned commander in the employee's chain- of-command.

Juvenile Justice Off-Duty Appearance: Misdemeanor Cases: All officer/witness subpoenas for misdemeanor cases will be for __________ Appearance, **“Standby” subpoenas for misdemeanor trials will not be issued. **

“Mandatory Appearance.”

U.S. District Court Summons and Complaint: An employee who receives by mail a U.S. District Court summons and complaint specifying involvement in a lawsuit **arising from performance of official duties as a departmental employee should**: * Sign the Notice and Acknowledgment of Receipt of Summons and Complaint by Mail form. Forward the above form along with the summons, complaint, and return envelope to the _____ without delay via interoffice mail or personal delivery. Failure to comply with the above procedure may subject the County and the individual to unnecessary liability and could cause the summons and complaint to be served by a U.S. Marshal which would **result in the defendant being charged a service fee. **

Police Legal Bureau

Narrative Continuation Report: ## Footnote A Narrative Continuation will be prepared and submitted by each officer for each court appearance. The report will indicate court action taken and disposition of \_\_\_\_\_\_\_.

property

Employee Inability to Appear in Court: ## Footnote If an employee knows within **one to five days before** his scheduled court date that he will be unable to appear, he shall contact a supervisor (sergeant or above) within his chain-of-command for approval. The supervisor shall notify the Court Services Bureau as soon as possible, **but not less than \_\_\_\_ prior to scheduled attendance and obtain a control number. **

one day

**An employee unable to appear**, **due to illness or other emergency**, before the designated court on the date and time specified, shall contact a supervisor (sergeant or above) within his chain-of- command for approval. ## Footnote **The supervisor shall notify the Court Services Bureau not less than _____ prior to scheduled attendance and obtain a control number. **

one hour

If an officer who is a critical witness fails to appear **twice** for a prefiling conference, the SAO will not file the case unless the absences are explained and filing is **requested in writing by a _______ or above** from the concerned officer's chain-of-command.

captain

Witness Fee and Mileage Rate: ## Footnote An employee who requests the witness fee and mileage rate is entitled to $\_\_ for each day of actual attendance and a mileage fee as prescribed by Florida Statutes, Section 92.142 when subpoenaed as a witness to testify in circuit or County courts.

Normal Duty Hours Extension: ## Footnote An employee who appears as a witness during time compensated for as a part of normal duties, but such appearance extends beyond the normal duty hours into personal time of \_\_\_\_\_\_or more, **will be entitled to the witness fee plus mileage, unless overtime compensation is requested. **

one-quarter hour

Use of County Vehicle: ## Footnote Mileage to and from court in any County vehicle is not reimbursable. **Travel time to court is compensable when in conjunction with shift.** In conjunction with shift is defined as a court-related appearance **within __ hour of the shift.** A maximum of one hour travel is authorized for Stations 1, 4, 5, 6, 8, and 9. A maximum of one-half hour of travel is allowed for all other units.

one

Compensation is authorized for actual time spent obtaining/returning relevant property and evidence associated with the court-related appearance. \_\_\_\_\_ is allowed to pick up a case file and/or evidence, and immediately proceed to the court-related appearance. Submission for payment is by entry on the Court Attendance/Overtime Authorization form.

One-half hour

BAIL BONDSMEN: ## Footnote Officers handling an incident involving a bail bondsman and bond estreature will apprise the element commander of the incident. Additionally, a report will be completed containing all pertinent facts and forwarded to the \_\_\_\_via the chain-of-command for follow-up and recommendations.

Police Legal Bureau

Complaints Against Certified Process Server: Officers who encounter situations involving complaints against Certified Process Server should: * Advise complainant of their right to file a complaint with the _____ of the Eleventh Judicial Circuit. * Complete an OIR which describes the nature of the complaint. Ensure that a copy of the report is forwarded to the Court Services Bureau.

Chief Judge

JURY DUTY: ## Footnote **Sworn personnel are excused** by Florida Statutes from **serving as a juror in a County or circuit court** unless they choose to serve; however, **appearance is required when summoned by a ______ court. **

federal

Police officers will complete an Investigations and Court Cost Recovery Form (Annex CC) for ___ and criminal cases authorized by Court Services Bureau.

traffic

The Investigations and Court Cost Recovery Form will be completed for continuances of court cases only if the _______ is responsible for the continuance.

defendant

If an employee attends a court activity which has multiple defendants or multiple cases, the employee will complete an Investigations and Court Cost Recovery Form for each defendant or case. The time spent in court will be divided _____ between all the defendants or cases.

evenly

On the **top right hand corner** of the Investigations and Court Cost Recovery Form, the following information will be added and filled-in: \_\_\_\_\_\_** # and Court Case #**. This information can be obtained from the Criminal Justice Information System (CJIS).

Division

The **white copy** of the Investigations and Court Cost Recovery Form will be sent to the Clerk of the Court, via Interoffice mail within ___ hours of the date of arrest.

The **yellow and pink** copies copy of the Investigations and Court Cost Recovery Form will be sent to the Sheriff Services Court Services Bureau, Cost Recovery Section, via interoffice mail, within ___ days of the arrest.

five

Police legal advisors are available for field operations upon request of a supervisor. A request for legal advisors is not required for ________ operations.

civil disturbance