Preliminary Proceedings

Question 1

What triggers fourth amendment protections?

Answer 1

Arrest

Question 2

What is a law enforcement officer’s arrest jurisdiction?

Answer 2

LE officer can only arrest in their jurisdiction UNLESS officer is in hot pursuit or mutual aid agreement b/w different law enforcement agencies

Question 3

What is required in an arrest warrant?

Answer 3

(1) in writing and in the name of the State of Florida
(2) specify person’s name or a reasonable description of the person if unknown
(3) set forth substantially the nature of the offense
(4) command that person be arrested and brought before a judge
(5) date and county where issued
(6) signed by judge, complete w/ title
(7) amount of bail and return date

Question 4

When can a judge issue a capias instead of an arrest warrant?

Answer 4

When a D has failed to appear or when formal charges have been filed and the D isn’t in custody or out on bail

Question 5

When must a person be brought before a judge for first appearance?

Answer 5

Within 24 hours of arrest

Question 6

What is required at the first appearance?

Answer 6

(1) tell D there is a right to counsel and that one will be appointed if he can’t afford one
(2) inform D of charge/copy of complaint
(3) tell D he can be silent
(4) tell D he has a right to communicate with counsel, family, or friends
(5) conditions of release

Question 7

What are the requirements of a PC determination for D’s in custody?

Answer 7

PC determination is usually done at first appearance, but must be done within 48 hours of arrest for people in custody.
Upon showing of extraordinary circumstances, proceeding can be continued for two 24 hour periods past the original 48 hours.
D doesn’t have to be present.

Question 8

What are the requirements of a PC determination for D’s not in custody (on pretrial release)?

Answer 8

A D out of custody MAY file a motion for a non-adversarial PC determination if:
(1) there’s a significant restraint on their liberty
(2) they file the motion within 21 days
If compliant, the judge MUST rule on PC within 7 days from motion

Question 9

What is a judicial determination of PC?

Answer 9

Same standard as arrest warrant.
May be based on complaint, affidavit, deposition under oath, or testimony under oath.
If PC, D is held to answer for the charges
If no PC, D is released on his own recognizance (but the case isn’t dismissed)

Question 10

What is an adversarial PC hearing?

Answer 10

D is entitled to an adversarial PC hearing if no information is filed within 21 days.
Witness must be called in the presence of the D
D has the right to cross-examine witnesses

Question 11

What are the three methods of filing formal charges?

Answer 11

Information, indictment, and notice to appear

Question 12

How are formal charges filed with an information?

Answer 12

Filed by prosecuting attorney. Can be used for all charges except capital offenses

Question 13

How are formal charges filed with an indictment?

Answer 13

Charge by grand jury. Can be used for any offense but MUST be used for capital offenses

Question 14

How are formal charges filed with a notice to appear?

Answer 14

Only for misdemeanors

Question 15

Where are formal charges filed?

Answer 15

Circuit court: felonies and misdemeanors that are properly joined with felonies
County court: misdemeanor offenses

Question 16

When must formal charges be filed?

Answer 16

Within 30 days of arrest. State can extend to 40 days with good cause. Without good cause, D must be released on the 33rd day.

Question 17

When are conditions of release reasonable?

Answer 17

(1) protect the community from physical harm
(2) assure the presence of D at trial
(3) assure the integrity of the judicial process

Question 18

When must a hearing for a motion for pretrial detention be held?

Answer 18

Within 5 days of filing or 5 days of the person being in custody, whichever is later. State is entitled to one 5-day continuance with good cause (but can’t go beyond 10 days)

Question 19

What is an arraignment?

Answer 19

Must be done in open court or virtually.
D is informed of the charges against him
If represented or if D has waived right to counsel, can enter a plea
Written plea of not guilty prior to arraignment = waiver of arraignment
If D is unrepresented, court advises D of right to counsel and may appoint public defender

Question 20

In terms of pleas, what are D’s options?

Answer 20

Guilty: D can plead guilty and still maintain innocence
Not guilty: D standing mute or is evasive 
Nolo contendere (no contest)

Question 21

What is required for a D to plead nolo contendere?

Answer 21

Must be w/ permission of the court

Question 22

What are the exceptions that a plea be made in open court?

Answer 22

Written plea of not guilty entered by D’s counsel.

Misdemeanor plea in absentia.

Question 23

What must the judge must ensure of a plea?

Answer 23

That it’s voluntary, fully understood, and has a factual basis

Question 24

What are the requirements of plea discussions and agreements?

Answer 24

Court ultimately decides the sentence, but the State and D can enter into plea discussions.
If D is represented, State must communicate with defense counsel
If D is unrepresented, communications b/w State and D must be on the record.
Court doesn’t have to accept the plea agreement.

Question 25

When can the judge be involved in plea discussions?

Answer 25

When invited by both parties. Cannot ever initiate plea discussions or suggest to the D that further consequences will result.

Question 26

What are the rules regarding withdrawal of pleas?

Answer 26

If a plea calls for a specific sentence and the judge wants a harsher sentence, D is entitled to withdraw her plea.
If a plea RECOMMENDS a certain sentence and prosecutor abides by that recommendation, and then a judge sentences higher, plea may not be withdrawn.
Withdrawn plea can’t be used against D at a later trial