florida state attorney how to file charges

The only charge a State Attorney cannot file based on his or her constitutional authority is first-degree murder. All first-degree murder cases must be presented to a grand jury. A Grand Jury is an investigating, reporting, and accusing agency of the circuit court (or of the Florida Supreme Court in the case of the Statewide Grand Jury).

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What is the process for filing a criminal charge?

The process begins when a victim, or one having knowledge of a crime, files a sworn statement with the proper authority known as a complaint . Once a complaint has been investigated, and the complaint is found to have probable cause, a crime can be charged either by information or indictment.

What happens if the prosecutor does not file charges?

If the prosecutor declines to file formal charges, an information will not be filed and the case is considered abandoned. At the same time your plea is filed, your attorney may file a Notice of Discovery, and a Demand for Jury Trial. These are routine documents that are filed in the vast majority of cases.

How does a judge set fees for a lawyer?

The guidelines for the judge setting such fees are provided by the attorney’s Rules of Professional Conduct, Rule 4-1.5 (b): whether the fee is fixed or contingent, and, if fixed as to amount or rate, then whether the client’s ability to pay rested to any significant degree on the outcome of the representation.

Can a law enforcement officer file a felony charge?

Only sworn law enforcement officers can file felony charges. If you have questions regarding the status of a pending case in the Fourth Judicial Circuit, our offices may be reached at:

How long does the state attorney have to file charges in Florida?

Regardless of the severity of the charge, the state only has 175 days after an arrest to file charges, and that is found in Florida Rule of Criminal Procedure 3.191.

How do you file a criminal complaint in Florida?

To report a crime, please contact your law enforcement agency or the agency that covers the jurisdiction in which the crime occurred. If you have a complaint involving misconduct by a public official or know of an election law violation, you may report that in writing to the this office.

What does a Florida state attorney do?

What is the purpose of the state attorneys? Under the Florida constitution, the state attorney serves as the prosecutor, representing the people in criminal courts throughout the circuit.

How do I file a criminal complaint against someone?

In order to start a criminal case against someone when the police aren't involved, you must:Go to the police station in the city/town closest to where the incident/offense took place.Get a Police Incident Report form and fill out the form.Submit the form to the police.

How do I file a complaint with the Florida Attorney General?

Citizens with general inquiries, or who want to file a consumer complaint, should contact the Office of Citizens Services by calling (866) 966-7226, (850) 414-3990 or filing out an online form here.

What does the state attorney do?

The functions of the State Attorney is as follows: The drafting and managing of contracts on behalf of the State. The handling of criminal and civil litigation cases instituted against State officials and committed by means of acts or omissions while executing their official duties.

Can the state attorney general prosecute local cases?

Chapter 1, section 1.09, of the Penal Code provides that, “with the consent of the appropriate local county or district attorney, the Attorney General has concurrent jurisdiction with that consenting local prosecutor” to prosecute certain offenses, including: Misuse of state property or funds. Abuse of office.

Who prosecutes crimes in Florida?

The Attorney General's Office of StatewideThe Attorney General's Office of Statewide Prosecution is directed by the Florida Constitution to prosecute crimes that impact two or more judicial circuits in the State of Florida. Working regularly with state and federal counterparts, the office focuses on complex, often large scale, organized criminal activity.

Who is the Florida state prosecutor?

Ed Brodsky is a career long prosecutor having served with the state attorney's office for 29 years. After completing rotations in the misdemeanor, juvenile, and felony divisions, Mr. Brodsky served in the child sex crimes unit prosecuting offenders who preyed on children under 12.

How does one initiate a criminal complaint?

Usually in criminal cases, the police first arrest the suspect, defendant, and then file a report to the local prosecutor. Then, the prosecutor decides whether to formally process charges against the suspect, defendant.

What happens after filing of the criminal complaint to the court?

There is a person at the court called the "clerk-magistrate." The clerk-magistrate will schedule a hearing. The hearing is called a "show cause" hearing. The show cause hearing is to see if there are enough facts to show that what happened was a crime.

What are the crimes that must be prosecuted upon complaint of the offended party?

CRIMINAL PROCEDURE; CRIMES TO BE PRESENTED ONLY UPON COMPLAINT FILED BY OFFENDED PARTY; WHEN INFORMATION INSUFFICIENT. — The crimes of adultery, concubinage, seduction, abduction, rape or acts of lasciviousness may be prosecuted only upon complaint filed by the offended party or by parents, grandparents, or guardian.

What to do if you are facing criminal charges in Florida?

If you are facing criminal charges, the sequence of events follow s a similar pattern in every Florida county. It is always a good idea to educate yourself of the process so you can make intelligent decisions about your own situation. Always be sure to look up the court public records to track your case, and closely follow the advice ...

What is the process of filing a formal charge?

If the prosecutor feels there is sufficient evidence to win, they will file formal charges, also called an “Information.” The Information will list the exact charge they will be prosecuting. The charges that are listed may be more or less serious than what is shown in the original arrest report. On occasion, the charges could take months to appear. If the prosecutor declines to file formal charges, an information will not be filed and the case is considered abandoned.

What is a deposition in a court case?

In a deposition, your attorney can find out exactly how someone intends to answer at trial, without a judge or jury hearing the results. Those answers can be challenged, expanded upon, and tested for weaknesses.

What evidence does an attorney need to give the prosecutor?

Your attorney also must give the prosecutor available evidence. That includes police reports, witness statements, and documents. In a criminal court, there are no surprises – each side always knows what evidence the other side has.

How do criminal cases start?

A criminal case can begin in several different ways. The most common ways are an arrest by a police officer or a Notice to Appear. An arrest may occur if a police officer witnesses a crime or an investigation produces a probable cause that you have committed a crime.

Do you have to testify at a trial?

During the trial, your attorney and the prosecutor will present a sequence of witnesses, documents, and physical evidence. You will not have to testify unless you choose to – that is your constitutional right. You will normally know the verdict soon after the trial ends.

Is a free consultation limited to individuals considering hiring an attorney?

Free Consultation is limited to individuals considering hiring an attorney. Not all situations qualify. Fee charged for appellate case evaluations.

What are the three mechanisms for juvenile transfers in Florida?

Florida law authorizes three mechanisms for a juvenile to be transferred: grand jury indictment, waiver, or direct file. Notwithstanding the fact that three mechanisms are available, about 98% of juvenile transfers to adult court are via direct file. Direct file is a statutory provision that allows prosecutors to choose whether a case will be ...

Does Florida have reverse waivers?

Further, three states —including Florida— do not have any reverse waiver provisions that allow a request for judicial review of the decision to direct file. Given the recent developments in the Court, juvenile justice advocates should be able to bring challenges to juvenile transfer laws.

Does Florida allow juveniles to be transferred?

Florida, have signaled a shift in the Court’s position on juvenile justice issues; those decisions have demonstrated an understanding that children are different than adults and are entitled to special protections. Regardless of the Court’s apparent shift, fifteen states —including Florida—still allow prosecutors to transfer juveniles via direct ...

Is direct file mandatory in Florida?

In Florida, direct file is either mandatory—if the juvenile meets certain statutorily enumerated criteria—or discretionary—“when in the state attorney’s judgment and discretion the public interest requires that adult sanctions be considered or imposed.”. The decision by a state attorney to use discretion to direct file a child cannot be appealed ...

Can Florida state attorneys coerce children into plea deals?

Florida state attorneys hold an inordinate amount of power and can coerce children into accepting juvenile plea deals under the threat of long-term adult prison sentences. Further, prosecutors are able to do this before the child has an opportunity for discovery, thus losing the ability to hear any exculpatory or inculpatory evidence ...

Can a child's direct file be appealed?

The decision by a state attorney to use discretion to direct file a child cannot be appealed or reviewed by a judge; the case will simply be filed in adult court and there is nothing the juvenile can do to protest. This process of unfettered prosecutorial power violates the basic tenants of the American adversarial system.

Can a juvenile be transferred via direct file?

Recent Supreme Court cases, such as Roper v. Simmonsand Graham v. Florida, have signaled a shift in the Court’s position on juvenile justice issues; those decisions have demonstrated an understanding that children are different than adults and are entitled to special protections. Regardless of the Court’s apparent shift, fifteen states—including Florida—still allow prosecutors to transfer juveniles via direct file. Further, three states—including Florida—do not have any reverse waiver provisions that allow a request for judicial review of the decision to direct file. Given the recent developments in the Court, juvenile justice advocates should be able to bring challenges to juvenile transfer laws. It does not overstretch the holdings of Roperand Grahamto argue that—given the special status of children—juveniles require an individualized judicial determination. Direct file certainly does not provide this determination.

How Long Does the State Attorney Have to File Charges in Florida?

Under Florida’s Statute of Limitations, the length of time as to when the state is allowed to file charges, or the prescriptive period, will depend on the nature of the crime involved. In general, there are two categories of crimes under the Statute of Limitations. These are:

What is the prescriptive period for a defense attorney in Florida?

Protecting the rights of persons who have been arrested or are facing criminal charges is the primordial duty of defense attorneys. One of these rights conferred is the prescriptive period provided under the Statute of Limitations. Defense attorneys in Florida would be in the best position to defend their clients if they are well-versed with the provisions of the Florida Statute of Limitations. They can use this statute to have a criminal case dismissed on the ground that the right to file charges by the State has already prescribed.

How long does it take for a defendant to appear before a judge?

Within 24 hours of his/her arrest the accused criminal, known as the " defendant " is brought before the judge for first appearance . At this hearing the judge informs the defendant of the charges against him/her, advises the defendant of his/her right to counsel, and explains the amount of bond.

Who do you contact about judicial system?

If you need additional information regarding the stages of the judicial system you should contact the prosecutor assign ed to your case.

What happens when a case is pending?

During the time the case is pending, the Office of Statewide Prosecution will keep you informed of all court dates as well as any delays in reaching the resolution of the case. If you have any questions, please feel free to contact the prosecutor assigned to your case.

What to do if you feel intimidated by the law?

As a victim the law protects you from intimidation. If you feel you are being intimidated contact the prosecutor immediately so the proper action can be taken.

How long does a statewide prosecutor serve?

The Statewide Prosecutor is appointed by the Attorney General to serve a four-year term. The process begins when a victim, or one having knowledge of a crime, files a sworn statement with the proper authority known as a complaint .

What powers does the Statewide Prosecutor have?

The Statewide Prosecutor has the authority to conduct hearings throughout the State, summon and examine witnesses, require the production of physical evidence, sign informations and indictments, confer immunity, and exercise basically the same powers as are granted to State Attorneys. The Statewide Prosecutor is appointed by ...

What is an information in a criminal case?

An information is a sworn document signed by the prosecuting authority (in this case the Office of Statewide Prosecution) which charges a person with the a violation of the law. An information may charge any crime except a crime punishable by death. An indictment is a charging document filed by a grand jury and may indict on any crime.

Why does it take so long to file a charge?

They usually take a long time in these situations to file on a charge, because they would want to talk to the alleged victim first to see what happened. If the alleged victim really isnt returning the State's calls promptly, it will take a while. Best thing to do instead of sitting and waiting, is to retain an attorney to begin putting together ...

How long does it take to file a felony?

You asked what the AVERAGE time was though- so i'd say on average about 3-6 weeks. It's usually on longer end of that time range though for out-of-jail cases because there is less urgency than if the client was in jail. In jail clients have several motions such as motions for adversarial preliminary hearings and 33-day motions which make the state's filing decision a bit more time sensitive.

How many statutes in Florida allow for attorney fees?

There are more than 200 Florida statutes that allow for an award of attorney’s fees in certain legal actions. In most instances, such a fee would be set by a judge.

How much can a lawyer charge for a lawsuit?

If all of the defendants admit liability when they file their answers and only want a trial on the question of damages, the lawyer may charge up to 33 1/3 percent of any recovery up to $1 million, 20 percent of any recovery between $1 and $2 million, and 15 percent of any recovery over $2 million.

What is advance fee?

Lawyers sometimes charge an advance on legal fees for services to be performed in the future. Lawyers must hold advance fees in trust and bill against those fees as the lawyer earns them. A cost deposit is different from the lawyer’s fees to be charged in a case. A legal matter may involve costs such as filing fees, expert witness fees, copying charges, travel expenses or other costs. Your lawyer may ask for additional monies if the costs exceed the original deposit or if your lawyer earns all the advance fees while the case is still ongoing. In the initial conferences with your lawyer, you should ask for an estimate of total costs for your type of lawsuit. A lawyer should refund to the client the remainder of any advances on fees or costs not used by the lawyer for the case.

How to calculate hourly fee for a lawyer?

The lawyer’s fee is computed by multiplying the fixed hourly charge by the number of hours the lawyer spends working for the client. The final fee may still include other direct out-of-pocket expenses, such as court filing costs, photocopying charges, long-distance telephone charges, travel costs or other expenses directly related to a particular case.

What is a trust account for a lawyer?

Your lawyer will deposit advances on fees and costs into a special bank account called a trust account. A trust account is a separate account that a lawyer maintains specifically for clients’ funds. A record of the costs in your case will be kept by your lawyer and is available to you for examination.

Why should you have an early agreement with a lawyer?

An early agreement concerning fees will prevent surprises and misunderstandings for both the client and the lawyer. You should be prepared to decide how much money you can afford to invest in the resolution of the problem. The lawyer/client relationship involves a mutual commitment.

How much can an attorney keep as a contingency fee?

How much the attorney will be able to keep as a contingency fee (remember, this does not include costs) will depend on what stage of the case you are in and how much is recovered.