Attack outline
FL Criminal Law/Procedure Attack
Review the FL Criminal Law/Procedure Attack with ordered issue-spotting steps and Florida flags where relevant before you jump back into practice.
Ordered attack steps
- Government action?
- Reasonable expectation of privacy?
- Warrant? (probable cause + particularity)
- Warrant exceptions: SILA, automobile, plain view, consent, exigent circumstances, Terry stop
- Miranda: Custody + Interrogation required
- Voluntary waiver?
- Right to counsel invoked?
- Fruit of poisonous tree?
- Right to counsel at critical stages
- Confrontation (Crawford: testimonial hearsay)
- Speedy trial (FL: 175 days felony, 90 days misdemeanor)
- Felony: 175 days from arrest
- Misdemeanor: 90 days from arrest
- Defense continuances EXCLUDED
- Remedy: Motion to discharge + 10-day RECAPTURE
- No duty to retreat if lawfully present
- Not engaged in criminal activity
- Reasonable belief force necessary
- Can seek PRETRIAL IMMUNITY hearing
- If granted: Case DISMISSED (not just acquittal)
- When attaches: Jury sworn (jury trial) / First witness sworn (bench)
- Same offense test (Blockburger)
- Exceptions: Hung jury, mistrial at D's request, manifest necessity
- Elements of charged offense
- Mens rea requirement
- Defenses: Self-defense, insanity, intoxication, duress
- Inchoate crimes: Attempt, conspiracy, solicitation