florida what does a state attorney do

The State Attorney’s Office has wide discretion in deciding whether to charge or prosecute crimes in each of their jurisdiction within the state of Florida. The State Attorney processes all criminal cases presented by law enforcement officers who have arrested or cited individuals for felonies, misdemeanors, traffic crimes (including DUI or reckless driving), acts of juvenile delinquency, and some violations of county or municipal ordinances.

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What does the Florida Attorney General do?

The Attorney General is responsible for protecting Florida consumers from various types of fraud and enforcing the state’s antitrust laws. Additionally, the Attorney General protects her constituents in cases of Medicaid fraud, defends the state in civil litigation cases and represents the people of Florida when criminals appeal their convictions in state and federal courts.

What does a state's attorney do?

Prosecute. District Attorney, State Attorney, Statewide Prosecutor’s Office, U.S. Attorney, they all prosecute. They do not arrest, the police do that. The prosecutor makes the decision on what charge to file by presenting their accusation to a grand jury, or by the filing of a document called the Prosecutor’s Information.

What is the top prosecutor called in Florida?

How a State's Attorney Works. A State's Attorney, along with a phalanx of Assistant State's Attorneys, prosecutes criminal and civil cases for the people. Prosecuting attorneys are the voice of the people in America's courtrooms, enforcing the law and representing the duly elected government at all levels. A State's Attorney is the most common term for a prosecutor, …

Where are the state attorneys offices in Florida?

Nov 09, 2018 · Amira Fox, State Attorney. 2000 Main Street, 6th Floor. Fort Myers, FL 33901. (239) 533-1000. The Twentieth Judicial Circuit serves the five counties of Southwest Florida – Charlotte County, Collier County, Glades County, Hendry County, and Lee County. NINETEENTH JUDICIAL CIRCUIT. Tom Bakkedahl, State Attorney.

What is the state's attorney responsible for?

A State's Attorney, along with a phalanx of Assistant State's Attorneys, prosecutes criminal and civil cases for the people. Prosecuting attorneys are the voice of the people in America's courtrooms, enforcing the law and representing the duly elected government at all levels.

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.

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.

How many state attorneys are there in Florida?

20 State AttorneysThere are 20 State Attorneys in the State of Florida representing 20 judicial circuits. For more information about each of the circuits, visit Florida's State Attorneys.

What happens if you plead not guilty at an arraignment?

If you plead "not guilty" at the arraignment, the judge will set a date for trial approximately four weeks from the day of arraignment. Pleading not guilty at the arraignment leaves all your options open until you have more time to decide what you want to do.

Why do prosecutors sometimes choose not to prosecute criminal cases?

No likelihood of success. Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

What factors are involved in a prosecutor's decision to file charges?

The decision to prosecute is based on the following factors:The sufficiency of the evidence linking the suspect to the offense.The seriousness of the offense.The size of the court's caseload.The need to conserve prosecutorial resources for more serious cases.The availability of alternatives to formal prosecution.More items...

What does it mean to be criminally prosecuted?

An action or proceeding instituted in a proper court on behalf of the public for the purpose of securing the conviction and punishment of one accused of crime.

Who is the Attorney General for Florida?

Ashley Moody (Republican Party)Florida / Attorney generalAshley Brooke Moody is an American attorney and politician serving as the Florida attorney general since January 2019. Wikipedia

How much do Assistant State Attorneys Make in Florida?

The starting salary for an Assistant State Attorney is $50,000. The starting salary for entry-level legal support positions range from $25,000 to $28,000 and is based on education as well as work experience. This range is consistent with the Florida Prosecuting Attorneys Association (FPAA) Classification and Pay Plan.

Is Florida an attorney state for real estate?

While many states require the use of an attorney for a real estate purchase or sale, Florida is not one of those states.Nov 3, 2016

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 is an assistant state attorney?

Assistant State's Attorneys, also known as Deputy State's Attorneys,are the ones who actually appear in court, file the legal briefs and interview witnesses. The State's Attorney, on the other hand, is in charge of policy, staffing and running the office, and making decisions about certain high-profile cases. Advertisement.

How are state attorneys elected?

In general, State's Attorneys are elected by the people they represent. Their duties are spelled out in the laws of the local governments they represent, and they're held accountable by the voters for how well they do their jobs and how well their performance matches up with the local politics of the area. But a State's Attorney hardly ever does ...

What is a prosecutor?

A State's Attorney is the most common term for a prosecutor, someone who represents the people in criminal and civil legal matters. But while the most iconic image of a State's Attorney is ...

What is the job of a criminal prosecutor?

Criminal prosecutions are the chief duty of most State's Attorney offices. In many states, such as Michigan, criminal prosecutions follow a predetermined series of steps [source: Prosecuting Attorneys Association of Michigan ]. First, police file a warrant or charging request with the State's Attorney following an investigation.

How do police arrest a suspect?

First, police file a warrant or charging request with the State's Attorney following an investigation. Attorneys review the request and may decide to issue a warrant, which allows the police to arrest the suspect. An arraignment in court follows, at which the suspect is formally charged with a crime and enters a plea.

What is an arraignment in court?

An arraignment in court follows, at which the suspect is formally charged with a crime and enters a plea. Depending on the type and severity of a crime, there can be several pretrial hearings. At some point during these hearings, a plea bargain may be offered to induce the suspect to enter a guilty plea. Advertisement.

How many judicial districts does the US have?

One U.S. Attorney is assigned to each of 93 federal judicial districts around the country and is the top law enforcement official for the federal government in those districts. From there, the attorney will prosecute criminal cases, represent the federal government and collect debts owed to the federal government.

What is the state attorney in Florida?

In Florida, the top prosecutor in each judicial circuit is called the State Attorney. The other attorneys working at the State Attorney’s Office are called “Assistant State Attorneys.”. Other states use the term “District Attorney.”. In the federal system, the equivalent terms are “United States Attorney” and “Assistant United States Attorney.”.

What is the job of a state attorney?

The State Attorney is given the task of seeking to convict or punish the guilty while protecting the innocent from false allegations. While acting as the Chief Criminal Prosecutor, the State Attorney also represents the State in various civil matters and litigation.

Who is the attorney general of Florida?

In addition to the 20 state attorneys, Florida also has an elected cabinet post position for the attorney general who serves as the chief legal officer of the state and is head of the Florida Department of Legal Affairs. Ashley Moody, a Republican, is the current attorney general who took office on January 8, 2019.

How many circuits are there in Florida?

Florida is divided into twenty (20) judicial circuits, each of which is composed of Circuit and County Courts. For this reason, Florida has twenty (20) different State Attorneys representing the twenty (20) different judicial circuits. In each judicial circuit, the State Attorney acts in a semi-judicial role in leading a staff ...

What is the role of an assistant state attorney?

When the State Attorney’s Office receives a formal complaint from a law enforcement agency, an assistant state attorney, assigned to the case, will review the reports and may interview witnesses. It is important to cooperate with this office to ensure that all the information about the crime is provided.

What is victim compensation in Florida?

The Bureau of Victim Compensation was established by the State of Florida to financially aid innocent victims/survivors of violent crime (including DUI and Hit & Run charges). Victim Compensation is a. Payer of Last Resort that provides benefits, within limits and in the event the crime has produced a financial hardship, for medical expenses, ...

What is the first appearance of a defendant?

At First Appearance, the defendant is informed of the charges for which he/she was arrested and. is advised of his/her rights. The Judge reviews the law enforcement reports and may raise or lower the amount of the bond, or may release the defendant on his or her own recognizance.

How does the prosecutor present the case?

The prosecutor presents the state’s case first by calling and questioning witnesses on “direct examination.”. After direct examination of each witness, the defendant’s attorney is permitted to question the witness by “cross examination.”.

When did the statewide sentencing guidelines become effective?

Statewide sentencing guidelines became effective on October 1, 1983. These guidelines provide a range of recommended sentences for all felony cases. The court must sentence according to these guidelines unless the court states a clear and convincing reason why it chooses to sentence outside the guidelines.

Who selects the jury?

A jury is selected by the state and defense attorneys and seated as the first item of procedure. The trial begins with an “opening statement” from the assistant state attorney, hereinafter called “prosecutor” and the defense attorney.

Can a judge accept a guilty plea?

Due to the serious nature of felony charges, a judge rarely accepts a “guilty” or “ no contest” plea at arraignment . Therefore, other pre-trial proceedings will be scheduled. At misdemeanor arraignment, the judge will, quite frequently, accept a plea of “guilty” or “no contest”.