FL Crim Pro - Bar Exam Final Questions
And Correct Answers.
To assert right to self-representation, the defendant must ______________ waive the right to
counsel. - Answer knowingly and intelligently"
When may a defendant not be able to "knowingly and intelligently" waive the right to counsel? -
Answer If defendant has a "severe mental illness."
A felony is any criminal offense punishable by _________. - Answer Death or incarceration for
a period EXCEEDING one year
A misdemeanor is any criminal offense punishable by ___________. - Answer incarceration for
a period not in excess of one year.
Can violations of county or municipal ordinances be misdemeanors? - Answer No, even if
punishable by incarceration
County courts have jurisdiction over: - Answer 1. All misdemeanors except those joined for
trial with one or more felonies
2. Violations of county or municipal ordinances
3. All first appearance proceedings
Circuit courts have jurisdiction over: - Answer 1. All writs
2. All felonies
3. All misdemeanors joined with felonies
4. All appeals from county court that do not get direct review from Supreme Court (think
striking down law as unconstitutional )
Supreme Court has mandatory jurisdiction over - Answer 1. Laws struck down as
unconstitutional
2. Death penalty orders
,4. Decisions of trial courts certified by DCA to require immediate resolution by Supreme Court
Can a defendant be partially indigent? - Answer Yes
First appearance hearing must be within _____________ - Answer 24 hours of arrest
What happens if state fails to comply with 24-hour requirement for first appearance? - Answer
Defendant is entitled to release but may still be prosecuted.
Must defendant be given counsel at first appearance? - Answer Yes unless defendant waives
the right.
The judge may even postpone first appearance to permit privately retained counsel to appear.
But the judge should try not to postpone more than 24 hour (and even appoint temporary
counsel if necessary to get First Appearance over with).
A defendant is not considered to have waived the assistance of counsel until __________ -
Answer the entire process of offering counsel and has been completed and a Faretta inquiry
has been completed.
Bench warrant - Answer Also called capias. Warrant issued after criminal process has already
started. Typically for a failure to appear.
Arraignment - Answer A formal reading of a criminal charging document in the presence of
the defendant. In response to arraignment, the defendant is expected to enter a plea.
At first appearance, defendant must be told: - Answer 1. Defendant's right to an attorney
2. Defendant's right to remain silent (and that anything the defendant says can be used against
the defendant)
3. Defendant has right to communicate with counsel, friends, or family, and if necessary, will be
provided reasonable means to do so.
All persons in custody for the alleged commission of a crime are entitled to pretrial release on
reasonable condition, unless - Answer (1) charged with a capital offense or an offense
punishable by life imprisonment and (2) the proof of guilt is evident or the presumption of guilt
, A defendant is entitled to a pretrial release hearing unless ________. - Answer the state
moves to detain the defendant
A defendant who willfully and knowingly fails to appear and who voluntarily surrenders (May/
may not) be thereafter eligible for release on recognizance. - Answer May not
By when must counsel be provided to indigents? - Answer When the defendant is formally
charged with an offense, or as soon as feasible after custodial restraint, or at the first
appearance before a committing judge, whichever occurs earliest.
The state need not provide counsel when: - Answer 1. The violation charged is not punishable
by incarceration OR
2. The crime is a misdemeanor or ordinance violation and the judge, at least 15 days prior to
trial, files a written order certifying that defendant will not be incarcerated. (Defendant can
waive 15 day requirement)
Does a defendant ever have a right to argue his own appeal without counsel? - Answer No. It's
not banned by the rules or anything, but there is no right to it either.
An accused person has the right to appointed counsel for: - Answer 1. Crimes punishable by
incarceration
2. One direct appeal of a criminal conviction
When may appointed counsel withdraw? - Answer Except with approval from the lower
tribunal on good cause shown on written motion, not until after (any one of the following):
1. Ensuring the Defendant can still appeal.
2. Substitute counsel has been obtained or appointed, or a statement has been filed with the
appellate court that the appellant has exercised the right to self-representation.
3. The time has expired for filing a notice of appeal, and no notice has been filed.
Pretrial probable cause determination nonadversary hearing must take place within: - Answer
48 hours of arrest
UNLESS the judge, after a showing of extraordinary circumstances exists continues the
And Correct Answers.
To assert right to self-representation, the defendant must ______________ waive the right to
counsel. - Answer knowingly and intelligently"
When may a defendant not be able to "knowingly and intelligently" waive the right to counsel? -
Answer If defendant has a "severe mental illness."
A felony is any criminal offense punishable by _________. - Answer Death or incarceration for
a period EXCEEDING one year
A misdemeanor is any criminal offense punishable by ___________. - Answer incarceration for
a period not in excess of one year.
Can violations of county or municipal ordinances be misdemeanors? - Answer No, even if
punishable by incarceration
County courts have jurisdiction over: - Answer 1. All misdemeanors except those joined for
trial with one or more felonies
2. Violations of county or municipal ordinances
3. All first appearance proceedings
Circuit courts have jurisdiction over: - Answer 1. All writs
2. All felonies
3. All misdemeanors joined with felonies
4. All appeals from county court that do not get direct review from Supreme Court (think
striking down law as unconstitutional )
Supreme Court has mandatory jurisdiction over - Answer 1. Laws struck down as
unconstitutional
2. Death penalty orders
,4. Decisions of trial courts certified by DCA to require immediate resolution by Supreme Court
Can a defendant be partially indigent? - Answer Yes
First appearance hearing must be within _____________ - Answer 24 hours of arrest
What happens if state fails to comply with 24-hour requirement for first appearance? - Answer
Defendant is entitled to release but may still be prosecuted.
Must defendant be given counsel at first appearance? - Answer Yes unless defendant waives
the right.
The judge may even postpone first appearance to permit privately retained counsel to appear.
But the judge should try not to postpone more than 24 hour (and even appoint temporary
counsel if necessary to get First Appearance over with).
A defendant is not considered to have waived the assistance of counsel until __________ -
Answer the entire process of offering counsel and has been completed and a Faretta inquiry
has been completed.
Bench warrant - Answer Also called capias. Warrant issued after criminal process has already
started. Typically for a failure to appear.
Arraignment - Answer A formal reading of a criminal charging document in the presence of
the defendant. In response to arraignment, the defendant is expected to enter a plea.
At first appearance, defendant must be told: - Answer 1. Defendant's right to an attorney
2. Defendant's right to remain silent (and that anything the defendant says can be used against
the defendant)
3. Defendant has right to communicate with counsel, friends, or family, and if necessary, will be
provided reasonable means to do so.
All persons in custody for the alleged commission of a crime are entitled to pretrial release on
reasonable condition, unless - Answer (1) charged with a capital offense or an offense
punishable by life imprisonment and (2) the proof of guilt is evident or the presumption of guilt
, A defendant is entitled to a pretrial release hearing unless ________. - Answer the state
moves to detain the defendant
A defendant who willfully and knowingly fails to appear and who voluntarily surrenders (May/
may not) be thereafter eligible for release on recognizance. - Answer May not
By when must counsel be provided to indigents? - Answer When the defendant is formally
charged with an offense, or as soon as feasible after custodial restraint, or at the first
appearance before a committing judge, whichever occurs earliest.
The state need not provide counsel when: - Answer 1. The violation charged is not punishable
by incarceration OR
2. The crime is a misdemeanor or ordinance violation and the judge, at least 15 days prior to
trial, files a written order certifying that defendant will not be incarcerated. (Defendant can
waive 15 day requirement)
Does a defendant ever have a right to argue his own appeal without counsel? - Answer No. It's
not banned by the rules or anything, but there is no right to it either.
An accused person has the right to appointed counsel for: - Answer 1. Crimes punishable by
incarceration
2. One direct appeal of a criminal conviction
When may appointed counsel withdraw? - Answer Except with approval from the lower
tribunal on good cause shown on written motion, not until after (any one of the following):
1. Ensuring the Defendant can still appeal.
2. Substitute counsel has been obtained or appointed, or a statement has been filed with the
appellate court that the appellant has exercised the right to self-representation.
3. The time has expired for filing a notice of appeal, and no notice has been filed.
Pretrial probable cause determination nonadversary hearing must take place within: - Answer
48 hours of arrest
UNLESS the judge, after a showing of extraordinary circumstances exists continues the
