Trial Flashcards
When can a defendant request a speedy trial?
60 days after formal charges are filed.
When must a speedy trial start when requested?
50 days from the date demanded.
Is the speedy trial timeline the same regardless of whether the case if a mis/fel/or retrail?
Yes
When should D be ready for trial if it makes a motion for a speedy trial?
5 Days
What are defendant’s options if the state does not bring a speedy trial in 50 days?
The defendant can file a notice of expiration for a speed time trial.
If Def files a notice of expiration for failure of prosecution to bring speedy trial, when must the court hold a hearing?
5 days
If the court after holding a hearing for the expiration of speedy trial timeline determines the case should go forward, when must the prosecution start the case?
10 days
What occurs if the prosecution does not start speedy trial after hearing and order from court?
The defendant will be discharged forever
Are there any grounds under which the prosecution should obtain more than 10 days to bring trial after a hearing and determination regarding failure to bring speedy trial?
Yes if
1) Valid extension granted
2) Delay due to Def
3) Counsel or accused are not available at the required proceeding
4) Demand for speedy trial is invalid
What is the time frame within which a trial must start for a misdemeanor?
90 days of arrest/custody
What is the time frame within which a trial must start for a felony?
175 days of arrest/custody
What is the time frame within which a trial must start for a retrail?
90 days of mistrial
Can a victim of a crime request a speedy trial?
Yes
Under what conditions can a victim of a crime request a speedy trial?
1) State completed discovery
2) 3 continuances have been granted
3) Felony case has not been resolved within 125 days of charges filed.
If a victim requests a speedy trial, when must the court hold a hearing?
Within 5 days
If a court grants the victim’s request for speed trial, when must the trial begin?
Within 5-45 days
When must defendant give notice of alibi?
Prosecutor makes a demand for it and it must be filed 10 days prior to trial or when the court directs.
What is required after prosecution receives D’s alibi?
Prosecution must within 5 days of receipt of information provide information on its witnesses.
What is required in order for a defendant to use the insanity defense?
Must give notice 15 days after arraignment or filing of written guilty plea.
What is required in order for defendant to use battered spouse defense?
Notice must be given 30 days prior to trial that the defense will be raised.
When can a hearing be held about D’s competency?
Anytime prior to sentencing
When can charges be dropped without prejudice with respect to incompetency?
If it last for 5 years
Can a court order an expert to examine the defendant in a competency hearing?
Yes up to 3 experts
When must P produce discovery?
15 days after D’s demand
When must D provide a list of witnesses?
15 days after receipt of P’s list
When must D inform P of an alibi?
10 days before trial upon request from P
When must D give discovery notice?
After charges have been filed.
How many jurors for non capital cases?
6 jurors
How many jurors in capital cases?
12 jurors
How many for cause challenged are granted?
Unlimited
How many peremptory challenges for capital offenses.?
10
How many peremptory challenges for felonies?
6
How many peremptory challenges for mis?
3
When must polling of jurors be done?
Before verdict is recorded and jury is discharged.
What is the trial order?
1) Jury sworn in
2) Opening Statement - prosecution starts (D can go after or wait til its case)
3) Presentation of state’s case
4) Presentation of D’s case
5) State’s rebuttal
6) Charge conference
7) Closing arguments
(a) Pros
(b) Def
(c) Pros rebuttal
What must the state prove?
Prima facie case with all elements of the crimes.
What is state does not establish its prima facie case?
D can file motion for judgment of acquittal.
What is the standard for motion for judgment of acquittal?
Evidence most favorable to P shows that a reasonable jury could not find for P.
What are defendant’s options in response to P’s case?
1) Silence
2) Negate Elements
3) Provide defense
When can renewal for Motion for Judgment of Acquittal be made?
After the end of the evidence. must be within 10 days of Defendant being found guilty
What is the purpose of a charge conference?
To discuss jury instructions
What is the rule to join offenses in one document?
Must be from the same T/O
What is the rule to join 2 or more defendant in one document?
Each is charged with each count
or
If not, there must be a common count of conspiracy that crimes are part of a plan or scheme.
What must the court do if defendants are jointly rep?
Must advise that they can get seperate counsel
What are the grounds for consolidation of offenses?
If they could have been joined, can consolidate.
Requires a motion.
Defendant can move for this before trial.
When must motion for new trial be filed?
10 days after D found guilty
When must arrest of judgment motion to dismiss be filed?
10 days after D found guilty
Deadline for interviewing jurors?
10 days after verdict
Correction or reduction of sentence?
By expiration of appeal period - if no response in 60 days denied
Motion for Post Conviction Relief
Sentence over the max = anytime
Non-Capital offense = 2 years
Death = 1 year
Motion for post sentence DNA
Anytime after judgment and sentence are final
Motion for rehearing
10 days after Ct issues order
Response due in 10 days by other party
Court must dispose of motion 15-40 days after filed
True or False: Even 30 days after sentencing, a guilty plea can be withdrawn if court lacks SMJ.
True
Florida ___ a defendant to plead to a crime they didn’t commit so long as they do so ______ and_______.
Does
Knowingly and Voluntarily
What can the judge do if there is a plea but no plea agreement?
Impose any sentence authorized by law.
Can judge participate in plea negotiations?
Yes
Plea __ be withdrawn after sentencing if not informed of correct sentence.
Can
When is D’s presence required in Court?
1st Appearance
All proceedings where the jury is present.
Is a D required at arraignment if Attorney is presenting a non-guilty plea?
No
Anytime prior to ______, CT may in its discretion permit a guilty plea to be set aside or judgment.
Sentencing
What occurs after a motion for post conviction or collateral relief is filed?
Status hearing must be held not later than 90 days after matter is assigned to a judge.
Evidentiary hearing not required.
What is the motion to arrest judgment?
Where a D was convicted of an offense for which he could be convicted under indictment or information which which he was tried.
Where there is a defect in the indictment or information.
Where lack of jurisdiction is an issue.
If this occurs, court must grant the motion.
Must be filed within 10 days after found guilty.
Motion to JNOV?
Not applicable in criminal law only in civil
What is Judgment of Acquittal?
A motion for a judgment of acquittal can be granted only if no reasonable jury could find beyond a reasonable doubt that the defendant committed the crime charged. This essentially means that the prosecution’s evidence is too weak to support a conviction, viewing it as generously as possible.
When is the Judgment of Acquittal filed?
Made at the close of state’s case or post-trial 10 days after guilty verdict.
Can a judgment of acquittal be appealed if the state failed to produce evidence sufficient to warrant a conviction?
No - it is treated as a final adjudication.
Defendant is released
Defendant cannot be retried for the same offense.
What is Traverse?
Defendant’s facts are false or incomplete. response to motion.
What is Demurrer:
Response to motion - Even if Defendant’s acts are trust, don’t dismiss - Defendant could be found guilty by the jury.
