Florida Criminal Law and Procedure Written Exam With Well Well Elaborated Answers.

What happens after a defendant makes a demand for speedy trial, and trial does not happen within the speedy trial time of 50 days? - correct answer 1) Defendant files a notice of expiration of speedy time. 2) Court holds a hearing on the notice within 5 days. 3) If court finds delay was not excusable, defendant must be tried within 10 days, or defendant is forever discharged upon his motion for discharge. When may an arresting officer issue a notice to appear? - correct answer When the notice to appear is for violation of a misdemeanor, and none of the following: 1) Accused fails to identify himself or supply required information; 2) Accused refuses to sign the notice to appear; 3) Officer has reason to believe that continued liberty constitutes unreasonable risk of bodily harm to the accused or others; 4) Accused has no ties with the jurisdiction or there is a substantial risk he will refuse to respond to the notice; 5) The officer suspects that accused may be wanted for another crime in any jurisdiction; 6) It appears that accused has previously failed to appear. What cases fall under the jurisdiction of the Circuit Court? - correct answer MIS FELWRIJ: 1) Misdemeanors joined with felonies; 2) Felonies; 3) Writs; 4) Juvenile. What cases fall under the jurisdiction of the County Court? - correct answer 1) Misdemeanors; 2) Municipal and county ordinance violations; 3) First appearances. What constitutes a felony? - correct answer A crime with potential incarceration of more than a year. Generally served where? Prison. What constitutes a misdemeanor? - correct answer A crime with potential incarceration of up to a year. Generally served where? Jail. When does an indigent have a right to counsel? - correct answer In: 1) Felonies 2) Misdemeanors punishable by incarceration (if judge agrees 15 days in advance to no incarceration, no need for counsel) 3) Juvenile cases 4) The first appeal of any of the above What factors considered in determining if waiver of right to counsel is knowing, intelligent, and voluntary? - correct answer 1) Education; 2) Prior experience in court; 3) Nature and complexity of the case; 4) Age; 5) Mental condition; 6) Other relevant factors. When can waiver of right to counsel occur away from court? - correct answer When the waiver is: 1) In writing; and 2) Two witnesses say it was voluntary. When must judge renew offer of counsel? - correct answer At every state of the proceedings. Who is entitled to pre-trial release? - correct answer Everyone is presumptively entitled to release, except: 1) Defendant charged with capital or life felony; and 2) Proof of guilt is evident, or presumption of guilt is great. When is pre-trial release decided? - correct answer At the first appearance. When must an accused's first appearance occur? - correct answer Within 24 hours of arrest. What happens during the first appearance? - correct answer CAR(P): 1) Counsel appointed; 2) Advice is given (rights to counsel, to communicate with counsel/family/friends, to remain silent); and 3) Release -- pretrial conditions set up; and 4) (Sometimes, if all paperwork (police reports) are ready) Probable cause determination. When is a defendant in custody entitled to a nonadversary judicial determination of probable cause? - correct answer Within 48 hours of arrest if in custody; within 21 days if released on bail or recognizance, provided terms of release constitute a restraint on liberty. Under what circumstances does an adversary preliminary hearing take place? - correct answer 1) A felony defendant 2) Is detained by the government, and 3) Has not had formal charges filed against him within 21 days of arrest. What happens if probable cause is/isn't found at the adversary preliminary hearing? - correct answer 1) If probable cause is not found, defendant is eligible for release. 2) If probable cause is found, state must file a charging document in 30 days, or else release defendant by 33rd day after arrest if they don't file formal charges (but state may seek an additional 7 days for good cause shown). Who is subject to pre-trial detention? - correct answer Accused charged with a dangerous crime, and state makes a motion and holds evidentiary hearing. When may a court order pretrial detention? - correct answer If it finds that the accused: 1) Poses a threat of harm to the community; or 2) Has previously violated conditions on release or parole; and 3) No condition of release will reasonably assure the defendant's appearance at subsequent proceedings. What formalities are required for informations and indictment? - correct answer NICE SANTA: 1) Name of accused or alias if unknown; 2) Intent to defraud can be asserted in general terms; 3) Caption (name of court and parties); 4) Endorsement and signature (indictment must be signed by foreperson of grand jury and endorsed by prosecutor); 5) Signature and Oath (state attorney must sign and swear that info is correct, and for felony that there is at least one witness); 6) Authority; under whose auspices charge is filed; 7) Nature of the offense (statement of basic facts); 8) Time and place of offense as definitely as possible; 9) Allegation of facts (must be repeated for each count). What are the "other" charging instruments, and what do they serve as? - correct answer DAN: 1) Docket entries; 2) Affidavits; and 3) Notices to Appear, which all: Serve double duty as both a notice to appear, as well as a charging instrument. What types of crimes must be charged by indictment? - correct answer Capital crimes, life felonies, 1st-, 2nd-, and 3rd-degree felonies. When can a defendant request a copy of the charging instrument? - correct answer 24 hours in advance of pleading, but pleading without requesting it waives this right. When is joinder of defendants permitted? - correct answer 1) Each defendant charged in each count; or 2) Each defendant charged with conspiracy and some substantive crime; or 3) Offense all part of a common