Criminal Trial Law (Substantive and Procedural Law, Pretrial Practice, Trial Practice, Evidence, Ethics and Professionalism)
This domain tests application of Florida criminal law from arrest through post-verdict. Expect scenario questions that mix procedure, evidence, and ethics rather than isolated definitions.
Pretrial and Procedure
- Dismissal under Fla. R. Crim. P. 3.190(c)(4) requires undisputed facts that fail to establish a prima facie case; the court may not weigh credibility.
- Speedy trial under Rule 3.191: 175 days for a felony, 90 for a misdemeanor; 15-day recapture; waiver must be knowing.
- Discovery under Rule 3.220 is continuing; the prosecutor must disclose Brady/Giglio material; the defense owes reciprocal discovery and alibi notice under Rule 3.200.
- Suppression under Rule 3.190(h) requires written facts, not conclusions; the defendant must show standing, and the State must prove any warrant exception it invokes.
- Substantive defenses include insanity under §775.027 and entrapment under §777.201; lesser-included offenses follow the accusatory pleading and evidence.
Evidence
- Relevance is broad under §90.402; §90.403 excludes evidence when unfair prejudice substantially outweighs probative value.
- Williams rule evidence under §90.404(2)(a) is admissible for motive, intent, absence of mistake, identity, or common scheme; notice is required under (2)(b); propensity alone is forbidden.
- Hearsay under §§90.801–90.804 turns on declarant availability and the specific exception; child-victim statements require §90.803(23) findings.
- Impeachment uses §§90.608, 90.610, and 90.614; expert testimony must satisfy §90.702 and Daubert reliability.
Trial Practice
- Jury selection: Neil, J.E.B., and Melbourne v. State require a timely objection, a pattern, a race/gender-neutral explanation, and a genuineness finding.
- JOA under Rule 3.380: move at the close of the State's case and renew at the close of all evidence.
- Instructions under Rule 3.390; deadlock under Rule 3.410; new trial under Rule 3.600.
Ethics
- Candor (Rule 4-3.3), fairness (4-3.4), prosecutor's special duties (4-3.8), confidentiality (4-1.6), and conflicts (4-1.7) are tested in concrete pretrial and trial choices.
Worked Example
The prosecutor learns the State's eyewitness was told 'that's the guy' before identifying the defendant in a photo array. The prosecutor must disclose this to the defense. Under Brady and Giglio, impeachment evidence that undermines identification is material when identity is contested; Rule 4-3.8(d) independently requires disclosure. The remedy is disclosure and cross-examination, not automatic dismissal. Reasoning: Giglio extends Brady to impeachment; materiality asks whether there is a reasonable probability of a different result.
Traps
- Treating a 3.190(c)(4) motion as a trial on the merits.
- Missing the 15-day recapture period.
- Offering Williams rule evidence without notice or for propensity.
- Forgetting to renew the JOA.
- Striking a juror without a Melbourne record.