Service in a Criminal Case

Question 1

What needs to be served on each party?

Answer 1

All pleadings, orders, written motion, all written notices.

Question 2

How is service made?

Answer 2

Generally Electronic mail, delivery (delivering copy to them) or in person, on the attorney in person., mail (to last known address) to the office, by fax. You can also leave it with the court.

Question 3

How long do you get to respond to court requests that are under 7 days?

Answer 3

You start the next day and exclude the weekends and holidays.

Question 4

How does office personal delivery occur?

Answer 4

When you leave the pleadings with someone in charge at the office.

Question 5

How does office delivery occur?

Answer 5

When you leave the pleadings in a conspicuous place at the office.

Question 6

When is service by email complete?

Answer 6

The date that it is sent.

Question 7

When can home delivery apply?

Answer 7

If the office is closed, it can be left at the usual place of abode with infoming the person of the contents.

Question 8

Is Service by mail ok?

Answer 8

Yes, and it is considerd complete/ served upon mailing.

Question 9

Is service by email ok?

Answer 9

Yes, use cover sheet with all the attys infomation including bar number phone number or pages sent.

Question 10

When is an electronic transmission considered sent?

Answer 10

The day of, or if after five it is the next day.

Question 11

What else do you need to do after serving the papers on the other party?

Answer 11

File it in the court, before or immediately after service has occured.

Question 12

How do you calculate the time period for the filing if less than 7 days?

Answer 12

Do not included the day of the act or event. The last day of the must be counted unless it the weekend or legal holiday. If then it runs to the end of the next day after. IF it is less than 7 days you exclude holidays and weekends.

Question 13

How do you count the time for filing if you have over 30 days?

Answer 13

You count all the days after the event and then if the last day is a holiday or weekend then you go to the next business day.

Question 14

Can a FL court enlarge the time period for filing?

Answer 14

Yes, as long as you 1. ask ahead of the expiration of time. Or if you did not ask ahead of time the court may allow the extension if there is excusable neglect. But no request for a new trial, appeal or judgment acquittal can be extended unless statutes say so.

Question 15

What does Non Verification of pleading mean?

Answer 15

You don’t need any affadavit to verify the pleading.

Question 16

Where does the right to counsel come from in Florida

Answer 16

Constitutional basis in Fl’s declaration of rights.

Question 17

What does the right to counsel give people in Florida

Answer 17

In all criminal prosecutions an accused has the right to be heard in person, by counsel or both.

Question 18

What is an indigent person?

Answer 18

A person who is impoverished or financially needy.

Question 19

When do indigent people get a right to a lawyer?

Answer 19

When the crime is punishable by incarceration:

1) . When formal charges attach 2). custodial restraint of D
3) . first appearance before a commiting judge.

Question 20

What is the no incarceration exception for providing an indigent a lawyer?

Answer 20

Fl ct can avoiding providing lawyer when they file a written order of no incarceration and promise that they are not facing incarceration for the midameaner/vioation of ordinace offience.

Question 21

When do you file a no incarceration promise for an indigent?

Answer 21

Usually 15 days before trial, unless D waives this requirement.

Question 22

When is a D indigent?

Answer 22

When they can’t pay without substantial hardship to them or their family.

Question 23

When is a D partiallay indigent?

Answer 23

When they can’t pay without substantial hardship to them or their family.

Question 24

When and how can you waive counsel?

Answer 24

When you

1) . process of offernig counsel has occrued
2) . ct determines that the D understoond the offer
3) . Ct determines that D posseses capacity to waiver offer (knowing and intelliengetly)
4) . Ct advises D of the risks of self representation.

Question 25

How long does the waiver of counsel last?

Answer 25

IT lasts but the court has to re-offer the attorney to them at each stage as the proceedings progress.

Question 26

When can a waiver of counsel be made outside of court?

Answer 26

To be valid it must be presented in writing with not less than 2 witnesses attesting to the signature.

Question 27

How much extra time do you get when you have been served by mail?

Answer 27

Five extra days are added to response time when you have been served by snail mail.

Question 28

How is First Appearance handled?

Answer 28

It can be in person, or electronically completed at the judge’s discretion.

Question 29

What rights does the judge advise the defendant of?

Answer 29

Not required to sign 
says can be used against them
right to counsel
counsel appointed if cant afford
entitled to communicate
will provide the means to communicate

Question 30

Pretrial release in Florida is guaranteed by_______

unless_____________

Answer 30

The constitution …….unless a capital offense or offense punishable by life and proof of guilt is evident or presumption is great