Flashcards in Florida Criminal Procedure Deck (185)
What are the 4 major topics in FL Crim Pro?
1. Pre-trial: detention & release
2. Pre-trail: Moving teh case
What are the 4 major topics in the Pre-trial custody and release topic?
1. Notice to Appear
2. First Appearance
3. probable cause determination
4. Adversary preliminary hearing
What are the two broad topics of issues under Pre-trial, moving the case?
1. issues propelling the case toward trial
2. issues propelling teh case to a resolution other than trial.
What are the issues propelling the case toward trial?
1. charging docs
2. joinder and severance
3. motions (sppedy trial, change of venue, disqualification)
What are the issues propelling the case toward a resolution other than trial?
1. plea bargaining
3. plea proceedings
4. motions (to dismiss, to suppress, incompetence to proceed, continuance)
What are the three major issues that come up in the trial stage?
1. voir dire
2. closing arguments
3. deliberation process
What are the major issues during post-trial process?
1. release of defendants
1. motions by defendants
Which courts are most relevant to FL Crim Pro?
Trial courts: circuit court and county court
(appellate courts = FL SCT and (5) DCAs)
The circuit court has jurisdiction over what criminal cases?
MIS FEL WRIJ
1. Misdemeanors joined w/ felonies
4. Juvenile cases
The county court has jx over which criminal cases?
2. municipal and county ordinance violations
3. first appearances
Tarzan is charged with a first offense DUI. Which court has jx over the case?
1. potential incarceration of greater than 1 year
2. sentence generally served in prison
1. potential incarceration of up to a year
2. sentence generally served in jail
Peter Stallone is charged with assaulting Norris. He is convicted and sentenced to 60 days, sentence suspended. Did Stallone commit a felony or misdemeanor?
It depends on the potential length of the sentence. If greater than 1 year = felony. If less than 1 year = misdemeanor.
What are the duties of a prosecutor?
Charge, file motions, plead, discovery, try cases
T/F: A right to counsel exists in most prosecutions?
True, but not all.
Indigent defendants are entitled to appointed counsel in:
1. felonies (Gideon)
2. misdemeanors or ordinance violations punishable by incarceration* SEE EXCEPTION
3. juvenile cases
4. The first direct appeal in 1, 2, or 3 above.
#2 EXCEPTION= Can avoid providing counsel in some cases if the judge notifies the parties and orders that he will not incarcerate the defendant in writing.
Generally, an accused is entitled to appointed counsel for violation of a misdemeanor or ordinance violation punishable by incarceration EXCEPT
when the judge notifies the parties and promises not to incarcerate the defendant in writing
T/F: An accused entitled to an attorney does NOT have to be represented by one?
True. An accused can waive.
What are the requirements for an accused entitled to an attorney to waive that right?
Waiver must be KIV: knowing intelligent voluntary (factors assessed to make this determination)
psycho delusions means no KIV
What factors are considered in determining whether a waiver of counsel is knowing, intelligent, and voluntary?
education, prior experience in court, the nature and complexity of the case, age, mental condition, etc.
If a defendant desires to plead guilty, is this equivalent ot a waiver of counsel?
Nope - definitely not.
D has paranoid delusions that she is the best lawyer in the world. In fact, she's an architect. If she wishes to waive counsel, should the court allow it?
Generally, no. Psychological delusions not KIV.
Can a defendant who would rather watch tv than appear in court waive counsel from away from court?
Yes, but 1) must be in writing AND 2) need 2 witnesses saying waiver was voluntary.
If the accused waives counsel, is it permanent?
Nope. Judge renews the offer of counsel at every succeeding stage of the proceedings. (including pre-trial stages). 6th am. guarantee
What does pre-trial custody mean?
Keeps the defendant (accused) incarcerated or with restraints of liberty pre-trial (house arrest, drug tests, limits on association).
Why are defendants kept in jail or restricted pre-trial?
1. Minimize threat to society
2. minimize threat to judicial process
3. prevent running away
4. (unofficial): more likely to plead if in jail.
What are 3 ways to ensure the accused will return to court?
1. Judge may issue an ARREST WARRANT or a BENCH WARRANT
2. For misdemeanors, the clerk's office can issue SUMMONS
3. A police officer can issue a NOTICE TO APPEAR.
What is a notice to appear?
a signed promise by the accused to return to court. It is a substitute for physical arrest. It can only be used in misdemeanors and ordinance violations.