Flashcards in Florida Criminal Procedure Deck (337)
What is a felony?
Any criminal offense punishable by death or imprisonment in a state correctional facility for more than one year.
What is a misdemeanor?
Anu criminal offense punishable by imprisonment in a county correctional facility for not more than one year.
What are considered crimes?
Only felonies and misdemeanors.
What are non-criminal violations?
Offenses punishable by no more than a fine forfeiture or other civil penalty.
Most traffic violations are what, but some may be what?
Noncriminal but some may be misdemeanors or felonies.
What do county courts have jurisdiction over, except for what?
Misdemeanors except those joined with felonies, violations of county and municipal ordinances, and first appearance proceedings.
What do circuit courts have jurisdiction over?
All felonies, misdemeanors joined with felonies, juvenile cases, and extraordinary writs.
Circuit courts hear appeals from what, except what?
From criminal cases tried in county court, except those heard directly by the supreme court.
District courts of appeal hear appeals as what?
As of right from circuit court judgments and sentences.
Supreme Court has appellate jurisdiction over what?
Death penalty cases, cases form lower courts initially construing the validity of a statute treaty or constitutional provision, district court decisions conflicting with other district court or supreme court decisions, extraordinary writs, and questions certified by the district courts.
Must the state offer to provide counsel for indigent or partially indigent persons in cases where conviction is punishable by incarceration?
The state must offer to provide counsel for indigent or partially indigent persons in cases where conviction is punishable by incarceration.
Are juvenile offenses and one appeal included in the state's offer to provide counsel?
Juvenile offenses an done appeal are included in the state's offer to provide counsel.
How may the state avoid providing counsel to indigent or partially indigent persons?
If the offense is not a felony and the judge agrees at least 15 days in advance that the defendant will not be incarcerated.
When may a defendant waive her right to counsel?
When the defendant does so knowingly intelligently and voluntarily and is mentally competent to conduct trial proceedings on court record or in writing before two witnesses.
If a defendant waives her right to counsel, when must the state's offer to provide counsel be offered again?
At each subsequent stage of the proceedings.
May the attorney of record for a defendant be relieved of any duties or permitted to withdraw?
No, except with approval of the court for good cause.
What are the minimum standards for lead defense attorneys in capital cases?
Lead counsel must have at least 5 years' experience in criminal litigation, have tried at least 9 complex cases with either lead or co-counsel experience in at least 2 cases in which the death penalty was sought, have experience in using expert witnesses, and have attended at least 12 hours of continuing legal education programs dealing with the defense of capital cases.
What are the ways in which a defendant may be compelled to appear by a judge?
State or county judge may issue an arrest warrant for a felony or misdemeanor or may order the court clerk to issue a summons for a misdemeanor; a judge may issue a capias bench warrant when defendant has failed to appear as required or when formal charges have been filed by information or indictment and the defendant is neither in custody nor out on bail.
What are the ways in which a defendant may be compelled to appear by an arresting officer?
Booking or arresting officer may issue a notice to appear in life of physical arrest for misdemeanors and violations of municipal or county ordinances.
If the accused is arrested and brought to jail, who advises th accused of her right to counsel.
The booking officer.
May the booking officer release the accused a notice to appear?
Yes if after investigation, the officer determines the that accused will likely appear as required.
An arrested person who is not released must what?
Must be taken before a judicial officer within 24 hours.
Who should be given notice of the hearing and attend when an arrested person is taken before a judicial officer?
The state attorney and public defender.
Who advises defendant of her rights to remain filed to have assistance of counsel and to communicate with outsiders?
The judicial officer who the defendant is brought before within 24 hours of arrest without release.
The judicial officer that a defendant is brought before within 24 hours of arrest without release will appoint counsel or what?
Reschedule the the appearance to permit defendant to obtain private counsel as necessary.
How may right to counsel e waived?
By a signed writing.
Failure to comply with the 24 hour requirement entitles the defendant to what but does not bar what?
To release but does not bar prosecution.
A child in custody of juvenile authorities against whom a information or indictment is filed must what?
Must by taken for a first appearance hearing within 24 hours.
An accused is entitled to pretrial release except for when?
When the offense is punishable by life imprisonment or death and there is strong evidence of guilt or where no conditions for release can reasonably assure defendant's appearance and community safety.