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Flashcards in FL - Crim Pro Deck (5)
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1

RIGHT TO COUNSEL

When state may avoid providing Counsel

If the violation is NOT PUNISHABLE BY INCARCERATION or

If the CRIME IS A MISDEMEANOR OR ORDINANCE VIOLATION and the judge, at least 15 days prior to trial, files a written order certifying that the DEFENDANT WILL NOT BE INCARCERATED in the case pending trial or probation violation hearing, or as part of a sentence after trial, guilty or solo contender please or probation violation hearing.

2

RIGHT TO COUNSEL

Waiver of Counsel

A defendant is permitted to waive counsel IF waiver is made knowingly, intelligently and voluntarily and the defendant does NOT suffer from severe mental illness to the point where she is not competent to conduct trial proceedings.

3

PRELIMINARY PROCEEDINGS

Compelling Defendant to Appear in Court

BY

Arrest Warrant

AND

Summons

Any state or county judge may issue an arrest warrant for a felony or misdemeanor

or

may order the clerk of court to issue a summons for a misdemeanor only.

4

PRELIMINARY PROCEEDINGS

Compelling Defendant to Appear in Court

BY

Capias

A capias is a bench warrant issued by a judge when a defendant has failed to appear in court as required or when formal charges are filed by information or indictment and the defendant is neither in custody nor at large on bail

5

PRELIMINARY PROCEEDINGS

Compelling Defendant to Appear in Court

BY

Notice to Appear

An arresting officer or a booking officer may issue a notice to appear in lieu of physical arrest for the violation of a misdemeanor or municipal or county ordinance; HOWEVER

a notice to appear MAY NOT be issued by the arresting officer if:

(i) the accused FAILS OR REFUSES TO IDENTIFY himself or supply required information

(ii) the accused REFUSES TO SIGN THE NOTICE TO APPEAR

(iii) the officer has reason to believe that continued liberty of the accused constitutes UNREASONABLE RISK OF BODILY HARM

(iv) the accused has NO TIES to jurisdiction or substantial risk that he will refuse to respond to the notice

(v) officer suspects accused MAY BE WANTED FOR ANOTHER CRIME OR

(vi) it appears that the accused has PREVIOUSLY FAILED TO APPEAR in response to not or summons or has violated the conditions of any pretrial release program