Attorney responsibilities include, but are not limited to: prosecutorial criminal casework requiring preparation of legal documents, legal research, taking of depositions, and interviewing of witnesses, victims and other parties to ascertain facts of case for prosecution.
Full Answer
What is the role of the Florida State Attorney?
After the PBPD brought the case to the State Attorney’s Office, a Palm Beach County grand jury indicted Epstein, on July 19, 2006, for felony solicitation of prostitution in violation of Florida Statute § 796.07.
What happens when a state attorney files a criminal charge?
Over the years, Florida has enacted new laws to assist prosecutors in targeting repeat offenders. The law on Prison Releasee Reoffenders (an offender who commits certain criminal offenses within three years of being released from prison) requires a judge to sentence the offender to the statutory maximum upon conviction and requires that the offender serve 100% of his or her …
What happens when the state attorney’s office receives a formal complaint?
For example, the Cook County State's Attorney in Chicago has more than 900 lawyers and a total staff of 1,600 employees [source: Cook County State's Attorney's Office]. 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.
How does a state attorney work in the US?
Mar 30, 2022 · The 2021 Florida Statutes. 900.05 Criminal justice data collection.—. (1) LEGISLATIVE FINDINGS AND INTENT. — It is the intent of the Legislature to create a model of uniform criminal justice data collection by requiring local and state criminal justice agencies to report complete, accurate, and timely data, and making such data available to ...
What is the duty of the state attorney?
The role of the State Attorney's Office is to protect the innocent, to prosecute crimes, and to promote the safety and well-being of the public, while seeking out justice.
How long does the state attorney have to file charges in Florida?
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.
What does the Florida state attorney do?
The Attorney General is the statewide elected official directed by the Florida Constitution to serve as the chief legal officer for the State of Florida. The Attorney General is responsible for protecting Florida consumers from various types of fraud and enforcing the state's antitrust laws.
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.
How can charges be dropped before court date?
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
How long can the police hold you without charging you in Florida?
Someone can be held in jail for 33 days without being charged, according to Rule 3.134 of the Florida Rules of Criminal Procedure. It is important to note that the state actually only has 30 days to charge an arrestee with a crime. If it has not filed charges by that date, it must release the arrestee by the 33rd day.
How do you get a prosecutor to drop charges?
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
How long can a felony charge be pending in Florida?
Florida's Criminal Statutes of LimitationsCriminal OffenseTime LimitCapital or life felonies (and perjury related to such a felony)NoneOther first degree feloniesWithin four years of when the crime was committedSecond and third degree feloniesWithin three years of when the crime was committed3 more rows•May 26, 2017
Who enforces Florida Statutes?
The Governor of Florida(1) The Governor of Florida is hereby authorized and empowered to promulgate and enforce such emergency rules and regulations as are necessary to prevent, control, or quell violence, threatened or actual, during any emergency lawfully declared by the Governor to exist.
What is one reason prosecutors may decide to dismiss cases?
A prosecutor may voluntarily dismiss a case without prejudice in order to file a more or less serious case (as in the previous battery/assault example), to address a weakness or error in some part of the case (such as the evidence), or if they are not ready to go to trial at the date called by the judge.
What is a reason a prosecutor should decline to prosecute a charge?
A prosecutor may drop a criminal charge if it is determined that the evidence against the accused isn't strong enough. Or, perhaps new evidence is found which undercuts the prosecution's case against the defendant.
Can a judge dismiss a case?
Judge. The judge can also dismiss the charges against you. For example, the judge could find that the evidence is insufficient to support the charges. But in most cases, the judge will allow prosecutors to present their case to the jury and let the jury weigh the evidence.Jun 22, 2021
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.”.
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 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.
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”.
What is a summons for a defendant?
If an Information is filed and the defendant has not yet been arrested , an order (a summons) for the defendant to appear in court or an order (a capias or a warrant) for the arrest of the defendant will be issued).
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 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.
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 ...
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.
What happens before a trial?
Before a trial takes place, the process of discovery takes place, at which the State's Attorney and the defense attorney share information they intend to introduce as evidence at trial.
What is a grand jury?
Grand juries are independent groups of citizens charged with reviewing evidence to determine if there'sprobable cause to proceed with an indictment on criminal charges.Feder al criminal prosecutions require a grand jury to find probable cause to return an indictment.
What is the purpose of the State Attorney's Office?
The State Attorney’s Office is dedicated to ensuring that the needs of crime victims are met, and that their rights are protected.
What is the role of a victim of crime in Palm Beach County?
This role involves cooperating with law enforcement in the investigation and prosecution of a criminal case. Victims of crime are often called to testify as witnesses in a case. You may be required to be present at various stages of the justice process to provide truthful testimony.
Why is it important to testify in a criminal case?
It is important in order to prevent delay and possible dismissal of a case that you are present when asked to appear.
What is the purpose of restitution?
Seek restitution for loss of property and income, and seek reimbursement for medical expenses incurred as a result of the offense and to receive information on how to enforce the court's order of restitution.
What is the role of a state attorney in Florida?
His primary duty is to represent the State of Florida in all suits, be they criminal or civil in which the State is a party. He is charged with the duty of faithfully executing and enforcing the laws of the State of Florida.
What is the role of a prosecutor?
The prosecutor’s duties should be pursued with a single-minded responsibility to prosecute on behalf of the public. The prosecutor must exercise independent professional judgement in the public interest.
What is the Department of Justice?
The Department of Justice, the U.S. Attorney’s Office for the Southern District . of Florida, and the Federal Bureau of Investigation . The Department of Justice (Department) is a cabinet-level executive branch department . headed by the United States Attorney General.
What was Epstein charged with?
Palm Beach County grand jury indicted Epstein, on July 19, 2006, for felony solicitation of . prostitution in violation of Florida Statute § 796.07.
What is the Southern District of Florida?
The U.S. Attorney’s Office for the Southern District of Florida (USAO) handles federal . matters in the Southern District of Florida judicial district, which covers the counties of Miami-. Dade, Broward, Monroe, Palm Beach, Martin, St. Lucie, Indian River, Okeechobee, and . Highlands, an area of over 15,000 square miles.
What is a misdemeanor in Florida?
Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement. person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01.
What happens if a court denies a petition?
If the court denies the petition, the court may set a future date at which the registered career offender may again petition the court for relief , subject to the standards for relief provided in this paragraph.
What is probation in criminal justice?
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. (b) “Chief of police” means the chief law enforcement officer of a municipality. (c) “Community” means any county where the career offender lives or otherwise establishes ...
What is the meaning of damages?
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Stages in The Criminal Justice System
- Crime Committed
- Law Enforcement Investigation
- Suspect Charged or Arrested
- First Appearance (if arrested)
First Appearance
- If a defendant is arrested and unable to post bond, he or she is entitled to appear before a judge within 24 hours. 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 reco…
Filing of Criminal Charges
- 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. This review of the case will determine if th...
Victim Impact/Restitution Statement
- The Office of the State Attorney provides each victim with a Victim Impact/Restitution Statement for completion. This form affords the opportunity to provide information concerning the effect of the crime, the financial losses incurred and your recommendation for a sentence in this case. Please complete the statement promptly as requested and return it to the State Attorney’s Office…
Victim Compensation
- 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, funeral costs, counseling, loss o…
You May Be Eligible If You are...
- an adult victim or intervenor who has been physically injured as a result of a crime
- a victim or intervenor who has suffered psychiatric or psychological injury as a result of a forcible felony
- a surviving spouse, parent or guardian, sibling, child or principal dependent of a deceased victim
- an adult victim or intervenor who has been physically injured as a result of a crime
- a victim or intervenor who has suffered psychiatric or psychological injury as a result of a forcible felony
- a surviving spouse, parent or guardian, sibling, child or principal dependent of a deceased victim
- the parent or guardian of a minor or incompetent victim that has been injured as a result of a crime
Arraignment
- As the victim, you have the right to be present at arraignment. However, your presence is not required. At arraignment, the defendant will be formally advised of the charges filed by the State. The defendant is also informed of the right to an attorney. If the accused indicates an inability to afford an attorney but wishes to be represented, the judge may appoint an attorney from the Pub…
Depositions
- A deposition is an interview or testimony taken under oath of any or all witnesses in a case by the defendant’s attorney after formal charges have been filed. In most cases, an assistant state attorney will also be present during the deposition which maybe recorded by either a court reporter or by a tape recorder which will later be produced into a written transcript. The defenda…
Pre-Trial Proceedings
- CASE MANAGEMENT, PRE-TRIAL CONFERENCES, PLEA HEARINGS, MOTION HEARINGS, and DOCKET SOUNDING are all types of pre-trial proceedings. Case Managementin Felony Court is a calendared date when the prosecutor, defense attorney and the judge select a trial date for a case. Generally, details of the case are not discussed other than the trial period in which the cas…
Trial Procedure
- 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. The opening statement outlines the facts that each party expects to establish during the trial. The prosecutor presents the state’s case first by calling an…
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