Criminal Procedure: Custody and Release
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Questions and Answers

What is the primary purpose of a First Appearance before a judicial officer?

  • To determine the guilt of the defendant
  • To set a monetary bond for the defendant's release
  • To inform the defendant of the charges and provide Miranda warnings (correct)
  • To conduct a pretrial detention hearing

    • What is the consequence of a delay in presentment?

  • The defendant is subject to a higher monetary bond
  • The defendant is entitled to immediate release (correct)
  • The defendant is entitled to a dismissal of charges
  • The defendant is required to pay a fine

    • Under what circumstances may the prosecution file a motion for pretrial detention?

  • In cases involving a non-violent crime
  • In cases where the defendant has a prior criminal record
  • In cases where the defendant is a minor
  • In cases involving a dangerous crime (correct)

    • What is a factor that the court considers when determining whether to release a defendant?

    <p>The nature of the crime</p> Signup and view all the answers

    What is the purpose of a monetary bond?

    <p>To ensure the defendant's appearance at trial</p> Signup and view all the answers

    What is the ruling in Harp v. State?

    <p>A requirement for bail may not be imposed solely as preventative detention prior to trial</p> Signup and view all the answers

    What is the primary consideration for the court in setting the amount of bail?

    <p>The nature and circumstances of the offense charged</p> Signup and view all the answers

    What may the court specify as a condition for release on bail?

    <p>Restrictions on travel and association</p> Signup and view all the answers

    What happens if a defendant breaches the bond or violates the conditions of release?

    <p>The court may revoke the bond and take the defendant into custody</p> Signup and view all the answers

    What happens if a defendant is unable to post bond and requests a trial by jury?

    <p>The defendant is transferred to the jail of the court that will provide a trial by jury</p> Signup and view all the answers

    What is the purpose of a Motion for Pretrial Detention?

    <p>To detain the defendant until a Final Detention Hearing is held</p> Signup and view all the answers

    What is the burden of proof for the prosecution at a Final Detention Hearing?

    <p>Beyond a reasonable doubt</p> Signup and view all the answers

    What is the time limit for a defendant to be held in custody without a Final Detention Hearing?

    <p>10 days</p> Signup and view all the answers

    What is the purpose of a Probable Cause Hearing?

    <p>To determine whether there is probable cause for the arrest</p> Signup and view all the answers

    What is the time limit for a Probable Cause Hearing to be held?

    <p>48 hours</p> Signup and view all the answers

    What is the consequence of a defendant failing to appear at a court proceeding?

    <p>The defendant's bond is revoked</p> Signup and view all the answers

    What happens if probable cause to detain the defendant is not established?

    <p>The defendant shall be released on his own recognizance</p> Signup and view all the answers

    Under what circumstances can a defendant request a trial delay?

    <p>If the defendant requests a delay to prepare for trial</p> Signup and view all the answers

    What is the maximum time a defendant can be detained prior to trial without a request for delay?

    <p>90 days</p> Signup and view all the answers

    What happens if formal charges are not filed within 30 days from the arrest date?

    <p>The defendant will be released on the 33rd day</p> Signup and view all the answers

    What is the purpose of an adversary hearing on a pending felony charge?

    <p>To determine probable cause for detention</p> Signup and view all the answers

    What is the consequence of not filing formal charges within 40 days from the arrest date?

    <p>The defendant will be automatically released</p> Signup and view all the answers

    What is the significance of the 21-day period in criminal proceedings?

    <p>It is the time limit for a defendant to request an adversary hearing</p> Signup and view all the answers

    What is the role of the court in determining conditions of release?

    <p>The court has discretion in determining conditions of release</p> Signup and view all the answers

    Study Notes

    Custody and Release

    • A person must be informed of the crime they are being charged with, provided a copy of the complaint, and given their Miranda warnings within 24 hours of arrest at a First Appearance before a judicial officer.

    Pretrial Detention

    • A delay in presentment entitles the defendant to immediate release, but not to a dismissal of charges.
    • The court has discretion to detain or not to detain a defendant under Fla.R.Crim.P. 3.131.
    • In cases involving a dangerous crime, the prosecution will file a motion for pretrial detention, which will require a hearing to determine whether there is a facially sufficient motion and probable cause exists to hold the defendant in custody pending a final pretrial detention hearing.

    Release

    • Release of the defendant is conditioned on the court's discretion in holding an accused to protect the community, assure their appearance at trial, and assure the integrity of the judicial process.
    • The court may also require a monetary bond (Fla.R.Crim.P. 3.131(b)).

    Bonds

    • A requirement for bail may not be imposed solely as preventative detention prior to trial (Harp v. Hinckley, 410 So.2d 619 (Fla. 4th DCA 1982)).
    • The court will consider various factors, including the nature and circumstances of the offense, weight of evidence, defendant's family ties, length of residence, employment, history, financial resources, mental condition, and past conduct.
    • The court may specify conditions for the release on bail to include restrictions on travel, association, and other reasonable conditions to assure an appearance (F.S.§907.041).
    • The court may modify or revoke the conditions of the release on bail, and the state may bring a motion to modify or forfeit the bond.

    Breach of Bond

    • Upon breach of the bond or violation of any conditions of release, the court may revoke the bond and have the defendant taken into custody or may increase or reduce the amount of the bond (Fla.R.Crim.P. 3.131(c),(f)).

    Unable or Fails to Post Bond

    • If a defendant is incarcerated and unable to post bond and requests a trial by jury, they will be transferred within five days to the jail of the court that will provide a trial by jury (F.S.§932.65).

    Final Detention Order

    • The prosecution will file a motion for pretrial detention at the First Appearance when a defendant is charged with a dangerous crime.
    • If the prosecution provides a facially sufficient motion and probable cause exists, the defendant will be held in custody until a Final Detention Hearing is held.
    • The final hearing must be held within five days of the filing of the motion or the date of taking the person into custody, whichever is later.
    • The prosecution has the burden of showing beyond a reasonable doubt the need for pretrial detention.

    Probable Cause Hearing

    • A defendant in custody who was charged with an offense shall have a non-adversary probable cause hearing within 48 hours of their arrest.
    • If probable cause to detain the defendant is not established, the defendant shall be released on their own recognizance.

    Length of Detention

    • A defendant may not be detained for more than 90 days prior to trial unless a trial delay is requested by the defendant (Fla.R.Crim.P. 3.132(d)).

    Total Time for Filing Formal Charges

    • For defendants in custody, formal charges must be filed within 30 days from the arrest date or from the date of service of a capias for arrest.
    • If no charges are filed, on the 30th day, the court shall:
      • 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 (Fla.R.Crim.P. 3.134).

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    Learn about the legal procedures involved in custody and release, including first appearance and pretrial detention. Legal Guideline #22

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