Criminal Procedure: Charging Documents

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Questions and Answers

What is the consequence of a person who willfully refuses to accept and sign a summons?

A misdemeanor of the second degree (correct)

Community service

A fine

A warning

What happens if a person fails to appear at the hearing or comply with alternative provisions?

Their driver's license is suspended (correct)

They are given community service

They receive a warning

They are fined

What is the time period for bringing a defendant to trial for a misdemeanor?

120 days

90 days (correct)

60 days

180 days

What happens if the trial is not held within 180 days for a noncriminal traffic infraction?

A dismissal will result Signup and view all the answers

What happens if a defendant is found to have committed a noncriminal traffic infraction?

The official can proceed with the hearing without the defendant Signup and view all the answers

What is the consequence of a person who fails to comply with the penalties and fees of a noncriminal traffic infraction?

Their driver's license is suspended until they comply Signup and view all the answers

What happens if the prosecution fails to meet the time limits for bringing a defendant to trial?

The defendant is discharged from the crime Signup and view all the answers

What is the time period for bringing a defendant to trial for a felony?

175 days Signup and view all the answers

What is the method of notification for a defendant charged with a misdemeanor that would be released on their own recognizance?

Notice to Appear issued by a law enforcement officer Signup and view all the answers

What is the time limit for filing formal charges against a defendant in custody?

30 days from the arrest date Signup and view all the answers

What is the consequence if no charges are filed against a defendant in custody on the 30th day?

The defendant is automatically released on the 33rd day Signup and view all the answers

What is the purpose of a grand jury in the context of criminal charges?

To hear evidence against the defendant and return an indictment Signup and view all the answers

In which type of crimes is an indictment mandatory?

All capital crimes Signup and view all the answers

What is the maximum time a defendant can remain in custody without being formally charged?

40 days Signup and view all the answers

What is the consequence if the prosecutor fails to file charges within 30 days for a defendant not in custody?

The cause shall be dismissed Signup and view all the answers

What must an indictment be specific as to?

The allegation Signup and view all the answers

Under what circumstances may the Court dismiss the action or grant a new trial?

When the information is so vague, indistinct, indefinite, and misleading Signup and view all the answers

What is the purpose of an arraignment?

To formally read the allegations to the defendant and request a plea of guilty or not guilty Signup and view all the answers

Who maintains custody of the indictment?

The clerk of the Court Signup and view all the answers

What is the difference between an indictment and an information?

An indictment requires a grand jury, while an information does not Signup and view all the answers

When may a notice to appear be issued in lieu of a formal arrest?

For first- or second-degree misdemeanors or a violation of a municipal or county ordinance Signup and view all the answers

What is required for a notice to appear?

The defendant's identification and required information Signup and view all the answers

Who may issue a notice to appear?

Either the arresting officer or the booking officer Signup and view all the answers

What is the consequence of failing to appear in response to a notice to appear?

A warrant for arrest will be issued Signup and view all the answers

What is the purpose of a uniform traffic citation?

To prepare and issue a citation for all criminal traffic offenses Signup and view all the answers

What must an information contain?

A plain, concise, and definite written statement of the essential facts constituting the offense charged Signup and view all the answers

Study Notes

Charging Documents

A defendant is notified of being charged with a criminal offense through: • A Summons issued by a Judge • A Notice to Appear issued by a Law enforcement officer • Arrest with or without a warrant and then service of an affidavit, information, or indictment • A traffic citation for traffic infractions

Time for Filing Charges

For defendants in custody: • Formal charges must be filed within 30 days from the arrest date or service of a capias • If no charges are filed, the court will:
- Order the automatic release of the defendant on the 33rd day
- Or, with a showing of good cause by the State, order release on the 40th day
A defendant shall not remain in custody beyond 40 days without being formally charged
For defendants not held in custody: • The prosecutor shall file charges within 30 days • If the prosecutor fails to file, the cause shall be dismissed

Indictment

An indictment is returned by a grand jury after hearing evidence against the defendant
Indictment is mandatory in all capital crimes and discretionary for any other crime
The indictment must be specific as to the allegation
The court may order the prosecution to furnish a statement of particulars when the indictment is not sufficient
A defect in the form of the indictment shall not be grounds for dismissal

Information

An information is a document filed by the prosecution affirming in good faith institution of the prosecution
An information is required for all prosecutions in circuit or county court, except where an indictment is returned
The information shall be a plain, concise, and definite written statement of the essential facts constituting the offense charged

Notice to Appear

Persons charged with first- or second-degree misdemeanors or a violation of a municipal or county ordinance may be given a notice to appear in lieu of being formally arrested
The standard form for a notice to appear is provided in Fla.R.Crim.P. 3.125
If the defendant does not request to be taken before a judge, the arresting officer may issue the notice to appear

Traffic Citations

All citations for traffic citations shall be by uniform traffic citation as provided in F.S.§316.650
A uniform traffic citation shall be prepared and issued for all criminal traffic offenses
Failure to appear will result in a warrant for arrest as provided under F.S.§§901.02 and 901.11

Speedy Trial

Once a person is formally charged, Fla.R.Crim.P. 3.191 sets time limits for bringing a defendant to trial
The time period begins from the time a person is arrested or receives a notice to appear or is granted a new trial
The time period ends when either the trial before a judge begins or the selection of a jury begins in trials by jury
The speedy time period for misdemeanors is 90 days
The time period for felonies is 175 days
If a felony and misdemeanor are consolidated for hearing in circuit court, the time period is 175 days from arrest

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Description

Learn about the different types of documents used to charge defendants with criminal offenses, including summonses, notices to appear, affidavits, informations, indictments, and traffic citations. Legal Guideline #20