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FL CrimPro & Juvenile Delinquency > Pretrial Procedures > Flashcards

Flashcards in Pretrial Procedures Deck (14)
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1

What rights does an individual have during his first appearance?

1. An appearance before a judicial officer within 24 hours of the arrest,
2. A copy of the complaint, and
3. The appointment of counsel, if the accused is indigent and the accused offense is punishable by jail time

2

What are the statutorily enumerated grounds for a judge to order pretrial detention?

1. The D was on probation or parole when the offense was committed,
2. The D is charged with drug trafficking,
3. The D is charged with DUI Manslaughter

3

How many days does the court have to file charges on a D who is in custody after he was arrested?

30 Days

4

What are the requirements for a court to accept a guilty plea from a D?

1. The D understands the plea and its significance,
2. The plea is voluntary, and
3. There is a factual basis on the plea

5

When must the state file a pretrial detention motion?

At the first appearance hearing or within 3 days of such a hearing

6

What happens during the first appearance?

1. The D is advised of the charges,
2. The D is read his Miranda rights,
3. The D receives a copy of the complaint,
4. The D is advised of his right to counsel.

7

What are the factors the court considers for pretrial release?

The factors the court considers when the court does Not Want the Defendant to Commit More Crimes are:
1. the Nature of the offense,
2. the Weight of the evidence,
3. whether the D is a Danger to society,
4. the D's ties to the Community and employment status,
5. the Mental state or substance abuse,
6. Criminal history

8

When can bail be modified?

3 hours after it is set

9

How much time does a court need to determine whether the state keeps D detained in jail in a non-adversarial hearing?

Within 48 hours or the arrest but the judge can add two 24 hour extensions if need be

10

What are the two types or preliminary hearings?

Non-adversarial and adversarial hearings

11

What are non-adversarial and adversarial hearings used?

Non-adversarial hearings are used when the D is in custody and no arrest warrant is issued. Adversarial hearings are used when the D has not been formally charged within 21 days of the arrest.

12

How are felonies charged?

Felonies are charged by either:
1. an indictment by a grand jury or
2. by information from the state attorney

13

How are misdemeanors charged?

Misdemeanors are charged by a:
1. notice to appear (summons) or
2. Affidavit (ticket)

14

How many days notice is required for a prosecutor to seek the death penalty?

45 days from arraignment