Florida Procedure

Question 1

Timing for motion and hearing

Answer 1

Served in reasonable time before hearing

Question 2

In Florida, when is someone not entitled to a lawyer

Answer 2

ONI in misdemeanor

Question 3

Requirements of an ONI—when can’t counsel be discharged

Answer 3

Discretion of court—15 days prior to trial WRITTEN ONI (15 days can be waived), can’t face jail even on VOP.

If in jail OR substantially disadvantage by discharge

Question 4

Request to represent oneself

Answer 4

Cannot deny, regardless of legal skills or complexity of case if unequivocal. Must be a KNOWING and INTELLIGENT waiver and no severe mental illness that would make them not competent
MUST RENEW this at every stage of the proceedings

Question 5

Can a defendant appear virtually for pretrial conferences

Answer 5

If judge allows it AND defendant or lawyer waives physical attendance—requires notice!

Question 6

Can testimony be taken virtually?

Answer 6

Only if all parties consent—requires waiver to confrontation rights

Question 7

What’s required for an arrest warrant?

Answer 7

1. In writing
2. Set forth substantially the nature of the offense
3. Command person be arrested and brought before a judge
4. Specify name of person to be arrested
5. Date and county
6. Signed by judge
7. Bail amount if it’s a bondable offense

Question 8

What charges are eligible for notice to appear

Answer 8

Misdemeanors and county ordinance violations

Question 9

Exceptions to when a NOA can be given

Answer 9

-If the accused refuses to identify himself
-Refuses to sign NOA
- If officer thinks liberty risks bodily injury
-No ties with the jurisdiction
- suspicion accused may wanted
-Previous FTA or PTR violation

Question 10

When shall FAH occur

Answer 10

Within 24 hours of arrest

Question 11

Arthur standard

Answer 11

Proof of guilt evident, presumption great

Question 12

General rule for when pretrial detention is allowed

Answer 12

No conditions of release can reasonably protect community from physical harm or assure the presence of accused at trial

Question 13

Release presumption

Answer 13

Presumption of release on nonmonetary conditions

Question 14

Can another judge modify bond or ptr

Answer 14

Only the judge who did it initially, the FAH judge, the judge assigned to the trial, the chief judge

Question 15

How much notice for a modification on bail on a felony charge?

Answer 15

3 hours notice to state

Question 16

New PTR detention statute

Answer 16

Judge MUST detain for dangerous crimes if following circumstances:
-Substantial probability committed offense
-Past and present pattern of behavior
-Standard bond criteria
-if conditions of release will protect community and ensure d’s presence at trial

Question 17

When shall a defendant be released if not formally charged

Answer 17

30 days after arrest or service of capias—shall order ROR on 33rd day unless state files formal charges by then after notice OR if good cause can extend to 40 days. NO circumstances past 40 days unless formally charged with a crime.

Question 18

Can you plea without an information

Answer 18

Only for misdemeanors at FAH

Question 19

Withdrawal of plea before sentencing

Answer 19

Court discretion—SHALL on good cause, at any time before sentence allow it to be withdrawn. Can’t be used against him.

Question 20

Withdraw of plea after sentencing

Answer 20

30 days but only for certain reasons

Question 21

When can a trial proceed without the defendant

Answer 21

A misdemeanor by D’s own request and leave of the court; or if D intentionally absents himself after the trial has started

Question 22

How long for state to give notice to seek death penalty

Answer 22

45 days of arraignment

Question 23

Can speedy be extended?

Answer 23

Only if time hasn’t already extended and exceptional circumstances

Question 24

How long to try someone after mistrial or appeal by the state

Answer 24

90 days

Question 25

Time for battered wife defense

Answer 25

30 days prior to trial

Question 26

Can things in a comp report be used against defendant

Answer 26

No! Only if D uses it for some other reason then state can say it was waived

Question 27

When should notice to rely on insanity be filed

Answer 27

15 days of arraignment

Question 28

When can a CI be identified

Answer 28

If going to testify at hearing or trial or if it would infringe on constitutional rights not to

Question 29

Where should depo take place

Answer 29

In the building where trial would be held unless agreed on some other location if they live in county
Out of county, in a court reporters office in their location

Question 30

When should depo be visually recorded

Answer 30

If under 18–can’t be if over 18 without good cause or consent

Question 31

Depos of LEOs

Answer 31

No need for subpoena—written notice—5 days notice

Question 32

Defendant at deposition

Answer 32

Not allowed unless stipulation or court order because of good cause

Question 33

Change of venue motion

Answer 33

Fair and impartial trial can’t happen there—affidavits of moving and 2 or more other people saying why and a certificate of good faith—no less than 10 days before trial

Question 34

How long to renew JOA

Answer 34

10 days

Question 35

How long for motion for new trial or arrest of judgment

Answer 35

10 days

Question 36

Expungement vs sealing

Answer 36

Expungement is only for NP, NG, NB. Sealing is if you get a withhold.

Question 37

When are juvenile charges scored in Florida

Answer 37

Within 5 years of the primary offense and if it would’ve been criminal if committed by an adult AND sex offenses more than 5 years if not conviction free for 5 years