what evidence is needed for a florida states attorney to prove their cast at trial

If you are an attorney or a party in a lawsuit representing yourself ("pro se" or "pro per"), you'll probably need to introduce one or more trial exhibits into evidence at trial to support your claims or defenses. These may include documents, letters, emails, notes, maps, diagrams, etc.

Full Answer

What are the requirements of evidence in a criminal case?

The matter would be remanded to the trial court, to determine whether the state had evidence available to cure the problem. The same procedure would apply if trial counsel raised the issue before filing a notice of appeal (as Rule 3.800(b) authorizes). If the state had no evidence to cure the deficiency, an acquittal would be granted.

Can a defendant not present evidence in court?

evidence that proves what you need to show. 04 . Review the information you identified and pick out the evidence that will convince the judge of the points you need to explain. Choose evidence that relates directly (is “relevant”) to what you need to show (“prove”). For example, if you are explaining how you were abused, information ...

What kind of evidence can the prosecution use against me?

Dec 12, 2021 · (d)1. When the state in a criminal action intends to offer evidence of other criminal offenses under paragraph (a), paragraph (b), or paragraph (c), no fewer than 10 days before trial, the state shall furnish to the defendant or to the defendant’s counsel a written statement of the acts or offenses it intends to offer, describing them with the particularity required of an …

Can a judge order a witness to be produced in court?

evidence that proves what you need to show. Review the information you identified and pick out the evidence that will convince the judge of the points you need to explain. Choose evidence that relates directly (is “relevant”) to what you need to show (“prove”). For example, if you are explaining how you were abused, information about your

What types of evidence must be turned over by the prosecutor to the defense attorney prior to trial?

What types of evidence must always be turned over by the prosecutor to the defense in virtually all jurisdictions? Exculpatory evidence is any evidence that may be favorable to the defendant.

What is it called when a prosecutor is required to provide submit evidence that may hurt his case?

Further, the prosecutor is required to provide the defense with evidence that may hurt his case, called exculpatory evidence.

What happens when a case goes to the States Attorney?

Either a judge or a jury may decide the verdict on how well the State's Attorney proved the case. During the trial, the State's Attorney may make opening and closing statements, offer evidence, question witnesses and challenge the defense attorney's legal actions.

What is the Williams Rule in Florida?

The Williams Rule is based on the holding in the Florida state case of Williams v Florida in which relevant evidence of collateral crimes is admissible at jury trial when it does not go to prove the "bad character" or "criminal propensity" of the defendant.

What types of evidence must be disclosed by the prosecution?

Under the U.S. Constitution, the prosecution must disclose to the defendant all evidence that proves guilt as well as all evidence that proves innocence. Evidence generally falls into three categories, inculpatory, exculpatory, and impeachment.Mar 9, 2020

What is Brady rule?

The Brady Rule, named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense.

How long does 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.

What are the four major criminal law defenses?

When it comes to criminal cases, there are usually four major criminal defense strategies that criminal attorneys employ: innocence, constitutional violations, self-defense, and insanity.

What is a State Attorney in 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

What is the grant number for the DHHS?

This document was supported by Grant Number 90EV0415 from the Administration of Children, Family and Youth Services, U.S. Department of Health and Human Services (DHHS). Its contents are the responsibility of the author(s) and do not necessarily represent the official view of DHHS.

Is evidence more reliable than other evidence?

Some evidence is better than other evidence. As you review your list of potential evidence, select the information that is the most trustworthy (“reliable”).

What is a rebuttable presumption?

Every rebuttable presumption is either: (1) A presumption affecting the burden of producing evidence and requiring the trier of fact to assume the existence of the presumed fact, unless credible evidence sufficient to sustain a finding of the nonexistence of the presumed fact is introduced, in which event, the existence or nonexistence ...

What is nonverbal conduct?

2. Nonverbal conduct of a person if it is intended by the person as an assertion. (b) A “declarant” is a person who makes a statement. (c) “Hearsay” is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.

Is it admissible to prove negligence?

Evidence of measures taken after an injury or harm caused by an event, which measures if taken before the event would have made injury or harm less likely to occur, is not admissible to prove negligence, the existence of a product defect, or culpable conduct in connection with the event.

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.

What is the burden of proof in a criminal case?

The burden of proof is on the State to prove the defendant's guilt and the defendant cannot be compelled to testify against himself/herself. Following the presentation of evidence, the attorneys make their closing arguments in an attempt to persuade the jury to convict or acquit the defendant.

What is the Office of Statewide Prosecution?

The Office is charged with the responsibility to prosecute certain organized criminal activities which occur in, or affect, two or more judicial circuits-for example: bribery; burglary; criminal usury; extortion; gambling; kidnapping; larceny; murder;

What is the process of a crime?

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. An information is a sworn document signed by ...

How does a trial start?

The trial begins with the selection of the jury. The attorneys for each side question a pool of potential jurors and use an allotment of strikes to excuse those potential jurors who they believe will not be fair and impartial. This process continues until each side exhausts their strikes or agree on a jury.

Do victims have a right to a speedy trial?

According to the Constitution, victims also have a right to a speedy trial, but only to the extent that this right does not interfere with the constitutional rights of the accused. A time period for the victims right to a speedy trial has not been defined by the law.

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.

What is the rule of procedure for jury selection?

This is a rule of procedure invoked after jury selection is completed. All witnesses are brought forward to the court, and instructed that they must stay outside of the courtroom until called and are not to discuss the case with any other witness.

What is the closing argument in a trial?

Closing argument should pull all the evidence and testimony together, and explain to the jury why the charges are proved or not proved.

What is a non jury trial?

In a non-jury trial, only the judge decides whether a crime has been committed, and whether you are criminally responsible for that crime; in a non-jury trial there is no jury. A jury is used for most trials.

What is a JOA in court?

At this time, a recess is taken, and the Court allows the Defense to make a Motion for Judgment of Acquittal (JOA). A JOA asks the Court to find that the State has failed to make a sufficient showing to allow the specific charge to go to the jury. This motion is rarely granted, so the making of it is largely a formality, but it’s like the lottery, you can't win if you don't play.

What is the conclusion of opening statements?

At the conclusion of opening statements, the State presents its case first, primarily through the calling of witnesses to testify. The State may call its witnesses in any order they determine. They may call all or just some of the people they have listed on the witness list.