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Questions and Answers
What is the consequence of a person who willfully refuses to accept and sign a summons?
What is the consequence of a person who willfully refuses to accept and sign a summons?
What happens if a person fails to appear at the hearing or comply with alternative provisions?
What happens if a person fails to appear at the hearing or comply with alternative provisions?
What is the time period for bringing a defendant to trial for a misdemeanor?
What is the time period for bringing a defendant to trial for a misdemeanor?
What happens if the trial is not held within 180 days for a noncriminal traffic infraction?
What happens if the trial is not held within 180 days for a noncriminal traffic infraction?
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What happens if a defendant is found to have committed a noncriminal traffic infraction?
What happens if a defendant is found to have committed a noncriminal traffic infraction?
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What is the consequence of a person who fails to comply with the penalties and fees of a noncriminal traffic infraction?
What is the consequence of a person who fails to comply with the penalties and fees of a noncriminal traffic infraction?
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What happens if the prosecution fails to meet the time limits for bringing a defendant to trial?
What happens if the prosecution fails to meet the time limits for bringing a defendant to trial?
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What is the time period for bringing a defendant to trial for a felony?
What is the time period for bringing a defendant to trial for a felony?
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What is the method of notification for a defendant charged with a misdemeanor that would be released on their own recognizance?
What is the method of notification for a defendant charged with a misdemeanor that would be released on their own recognizance?
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What is the time limit for filing formal charges against a defendant in custody?
What is the time limit for filing formal charges against a defendant in custody?
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What is the consequence if no charges are filed against a defendant in custody on the 30th day?
What is the consequence if no charges are filed against a defendant in custody on the 30th day?
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What is the purpose of a grand jury in the context of criminal charges?
What is the purpose of a grand jury in the context of criminal charges?
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In which type of crimes is an indictment mandatory?
In which type of crimes is an indictment mandatory?
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What is the maximum time a defendant can remain in custody without being formally charged?
What is the maximum time a defendant can remain in custody without being formally charged?
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What is the consequence if the prosecutor fails to file charges within 30 days for a defendant not in custody?
What is the consequence if the prosecutor fails to file charges within 30 days for a defendant not in custody?
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What must an indictment be specific as to?
What must an indictment be specific as to?
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Under what circumstances may the Court dismiss the action or grant a new trial?
Under what circumstances may the Court dismiss the action or grant a new trial?
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What is the purpose of an arraignment?
What is the purpose of an arraignment?
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Who maintains custody of the indictment?
Who maintains custody of the indictment?
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What is the difference between an indictment and an information?
What is the difference between an indictment and an information?
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When may a notice to appear be issued in lieu of a formal arrest?
When may a notice to appear be issued in lieu of a formal arrest?
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What is required for a notice to appear?
What is required for a notice to appear?
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Who may issue a notice to appear?
Who may issue a notice to appear?
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What is the consequence of failing to appear in response to a notice to appear?
What is the consequence of failing to appear in response to a notice to appear?
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What is the purpose of a uniform traffic citation?
What is the purpose of a uniform traffic citation?
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What must an information contain?
What must an information contain?
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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
