FL Criminal Trial Specialist flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Speedy trial recapture period

Under Florida Rule of Criminal Procedure 3.191, after a demand for speedy trial, the state has 15 days to bring the defendant to trial or the defendant is discharged.

Double jeopardy

The Fifth Amendment and Florida Constitution bar retrial after acquittal or conviction, except after a mistrial for manifest necessity or in separate sovereign prosecutions.

Brady material

Evidence favorable to the accused that is material to guilt or punishment; the prosecution must disclose it regardless of a discovery request, per Brady v. Maryland.

Felony degree classification

Florida classifies felonies as capital, life, first, second, or third degree under Fla. Stat. § 775.082, each carrying a statutory maximum sentence from death to five years.

Territorial jurisdiction

Florida may prosecute crimes committed within its borders; venue lies in the county where the offense occurred, with statutory exceptions for multi-county offenses.

Affirmative defense burden

In Florida, the defendant bears the burden of proving affirmative defenses such as insanity by clear and convincing evidence, while the state must prove all elements beyond a reasonable doubt.

Arraignment timing

Under Fla. R. Crim. P. 3.130, a defendant in custody must be brought before the court for arraignment within 24 hours of arrest, unless waived.

Motion to suppress

A pretrial motion under Fla. R. Crim. P. 3.190(h) asking the court to exclude evidence obtained through an unconstitutional search or seizure; the defendant must allege a violation.

Notice of alibi

A filing under Fla. R. Crim. P. 3.200 required at least 10 days before trial, disclosing the defendant's alibi and witnesses; the state must then disclose rebuttal witnesses.

Pretrial detention hearing

A hearing under Fla. Stat. § 907.041 where the state seeks to detain a defendant without bail; it must occur within 5 days of filing and meet clear and convincing evidence.

Motion for statement of particulars

A pretrial motion under Fla. R. Crim. P. 3.190(c) used when the charging document is vague, requiring the state to provide specific details of the alleged offense.

Discovery sanctions

Under Fla. R. Crim. P. 3.220(n), a court may impose remedies for discovery violations ranging from a continuance to exclusion of evidence or dismissal, considering prejudice and willfulness.

Bail bond forfeiture

Governed by Fla. Stat. § 903.26–.28, the surety may be exonerated if the defendant is surrendered or failure to appear is excused; otherwise the bond is forfeited.

Peremptory challenges

Under Fla. R. Crim. P. 3.350, each side gets 6 peremptory challenges in capital and life felonies and 3 in other felonies; challenges must be race-neutral under Batson.

Batson challenge

A three-step procedure: the opponent shows a prima facie case of discriminatory strike, the proponent offers a race-neutral reason, and the court decides whether purposeful discrimination occurred.

Jury size in Florida

Florida uses six jurors for noncapital felonies and misdemeanors and twelve for capital cases; verdicts must be unanimous in criminal cases.

Opening statement

A non-evidentiary address in which counsel outlines what the evidence will show; the defense may reserve its opening until after the state's case.

Leading questions

Questions suggesting the answer are generally improper on direct examination but permitted on cross-examination, for hostile witnesses, or for preliminary matters.

Closing argument limits

Counsel may not comment on the defendant's failure to testify, misstate evidence, or appeal to passion and prejudice; improper comments require a contemporaneous objection and motion for mistrial.

Lesser-included offenses

Offenses necessarily included in the charged crime that the court must instruct the jury on if supported by the evidence, allowing conviction on a lesser charge.

Hung jury

A jury unable to reach a unanimous verdict results in a mistrial; the state may retry the defendant unless double jeopardy bars retrial.

Relevance definition

Under Fla. Stat. § 90.401, evidence tending to prove or disprove a material fact; relevant evidence may be excluded under § 90.403 if probative value is substantially outweighed by unfair prejudice.

Hearsay definition

Under Fla. Stat. § 90.801, an out-of-court statement offered to prove the truth of the matter asserted; admissible only if an exception or exclusion applies.

Confrontation Clause

The Sixth Amendment bars testimonial hearsay unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine, per Crawford v. Washington.

Character evidence

Generally inadmissible to prove conduct, but the defendant may open the door to reputation or opinion testimony about a pertinent trait, after which the state may rebut under § 90.404.

Similar fact evidence

Under Fla. Stat. § 90.404(2), evidence of other crimes or bad acts is admissible if relevant to motive, intent, absence of mistake, identity, or a common scheme.

Best evidence rule

Under Fla. Stat. § 90.952, the original writing, recording, or photograph is required to prove its content unless an exception applies, such as loss or destruction without bad faith.

Expert testimony standard

Under Fla. Stat. § 90.702, as interpreted by Daubert, expert testimony is admissible if the expert is qualified, the testimony is based on sufficient facts, reliable principles, and reliably applied.

Attorney-client privilege

A confidential communication between lawyer and client for legal advice is protected from disclosure; the privilege survives the client's death and may be waived only by the client.

Prosecutor disclosure duty

Under Florida Bar Rule 4-3.8, a prosecutor must disclose evidence tending to negate guilt or mitigate the offense and refrain from prosecuting charges not supported by probable cause.

Candor toward tribunal

Rule 4-3.3 prohibits knowingly making false statements of fact or law to a court and requires disclosure of adverse legal authority; candor overrides client confidentiality in limited circumstances.

Conflict of interest

Under Rule 4-1.7, a concurrent conflict requires informed consent confirmed in writing; conflicts involving directly adverse representation or material limitation are generally nonconsentable.