Speedy Trial, Notice of Alibi, Improper Venue Flashcards
What is the right to a speedy trial premised on in FL.
Due process
Do you have to demand a speedy trial?
No, the D charged with the crime must be brought to trial 90 days for misameanor or 175 for felony.
If they have done both, the misdameanor gets the felony time period.
When does the time period start running for the speedy trial?
When they are arrested for the conduct or episode giving rise to the charge, or notice to appear means when they get the notice to appear.
If you have demanded a speedy trial how fast do they have to go?
60 days if you file written demand in court and serve it on prosecution.
After a demand for a speedy trial when does the court have to have a calendar call?
Within 5 days of getting the speedy trail demand.
How long does the court have to set the trial at the calendar call when there has been a demand for a speedy trial?
5-45 days from the calendar call.
When does a trial start when it is a jury trial?
When the tiral jury panel is sworn for vior dier examination
When does a trial start when it is a bench trial?
When trial proceedings begin before a florida trial judge.
What does the D file if the speedy trial is not completed on time?
A notice of expiration of speedy trial time. Which will be invalid if it is filed before the expiration of the period for trial. So you have to file it on or after the date it expiers.
How long does the court have to respond to a notice of expiration of speedy trial time?
5 days after notice is filed the Florida court must conduct a hearing on the notice, unless htye have a reason for delay they must order the D is brought to trial in 10 days. OR they are forever discharged/exhonorated from the crime.
What is the rule about using an alibi defense in Florida?
A D must submit to a limited form of pretrial discovery when he plans to use alibi as a defense, the state should notify the D of any rebuttal witnesses, and both sides are under a duty to disclose the names and address of anyone who might have information as they become available.
Notice of Alibi rule specific provisions?
1). written notice to assert an alibi defense at least 10 days prior to trial they need to file this and it should include the D whereabout and location
place date and time of crime and witness list. The prosecution must give the D a witness list within 5 days.
What happens if a D fails to file an alibi notice?
The court can exclude that tesimony!
What happens if the prosecution fails to file the witnesses in rebuttal?
Then the court can exclude that testimony.
Declaration of rights in Florida gives people right to have a public trial in couty where crime was commited.
Declaration of rights in Florida gives people right to have a public trial in couty where crime was commited.
