The PRR statute violates the constitutional ban on double jeopardy to the extent that it and other statutes permit both PRR and habitual offender sentences for the same crime. The statutes must be interpreted to prohibit the double jeopardy violation.
judgeFor a guilty verdict, sentencing can be scheduled anywhere from two weeks to 90 days from the date of trial. A judge then will decide what punishments are necessary for the conviction based on Florida statutes.
The state shall file formal charges on defendants in custody by information, or indictment, or in the case of alleged misdemeanors by whatever documents constitute a formal charge, within 30 days from the date on which defendants are arrested or from the date of the service of capiases upon them.
In Florida, a charging document is called an "Information". If an Information is filed with the clerk of court, the case is set for an arraignment. If the prosecutor decides not to pursue formal charges, he or she files what is called a "No Information" or a "Letter of Release" and prosecution is terminated.
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.
If you pleaded guilty to an offence, or were found guilty after trial, the Court may request a pre-sentence report (PSR). This is to give the Court a fuller and more well-balanced picture of who you are (as opposed to focusing purely on your offence) before passing sentence.Oct 1, 2019
There are several ways for criminal defendants to convince a prosecutor to drop their charges. They can present exculpatory evidence, complete a pretrial diversion program, agree to testify against another defendant, take a plea deal, or show that their rights were violated by the police.Jul 14, 2021
There are ways to have charges against an accused or defendant dropped even before the trial date. The typical action is to file a motion to dismiss. The defendant's lawyer can invoke various reasons for a motion to dismiss.Feb 2, 2022
Florida Criminal Statute of Limitations at a Glance There is no time limit for the following crimes: Felony crimes that result in death. Capital (death penalty) felonies. Felonies punishable by life in prison.Sep 29, 2020
If the defendant pleads guilty to the offence you will not have to go to court or give evidence. On some occasions your evidence will be agreed by both the prosecution and the defence, which means that your statement will be read out in court without you having to give evidence.
The Early Resolution Plea (ERP) unit within the Felony Intake Division is responsible for handling most felony cases after charges have been filed. The Unit identifies and resolves appropriate cases early in the process rather than having all felony cases set on a trial docket.
Early Resolution This means the case ends early and could potentially save you and the court both time and money, but you will be required to plea guilty. Many cases of theft, drug possession, and traffic offenses end with early case resolution, but no case is guaranteed an early resolution.Oct 30, 2020