Florida Procedures Assignment #$2$

$1.$ Every person charged with a felony by information is entitled to:

a$.$ An adversary probable cause determination within $48$ hours of arrest if

the defendant is in custody.

b$.$ A nonadversary probable cause determination within $48$ hours of arrest

if the defendant is in custody.

c$.$ An adversary probable cause determination within $21$ days of arrest if

the defendant is released on bail or recognizance.

d$.$ None of the above.

$2.$ A defendant may be charged by information

a$.$ Unless the defendant is in custody, because then he is entitled to a

preliminary hearing before he may be charged by information.

b$.$ Unless the charge pending against him is a capital offense that requires

he be indicted by grand jury.

c$.$ Only if a nonadversary preliminary hearing has been held and the

magistrate has found probable cause.

d$.$ If the offense is a felony because the charging document for a

misdemeanor is a complaint.

$3.$ Which of the following may not be required of the defendant once a formal

charging instrument has been filed?

a$.$ Appearance in a lineup.

b$.$ Fingerprinting.

c$.$ Posing for photographs of reenactment of a scene.

d$.$ Taking of samples of blood, hair and other bodily materials.

$4.$ The Court shall grant a new trial if any of the following grounds are

established.

a$.$ The jury decided the verdict by lot.

b$.$ The verdict is contrary to law or the weight of the evidence.

c$.$ New and material evidence, which if introduced at the trial would

probably have changed the verdict or finding of the Court, and which

the defendant could not with reasonable diligence have discovered and

produced at the trial or been discovered.

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d$.$ All of the above.

$5.$ Which of the following does not take place at the defendant$$s first

appearance?

a$.$ The defendant is advised of his constitutional $($Miranda$)$ rights.

b$.$ The defendant is furnished with a copy of the charge$($s$)$ against him.

c$.$ The defendant enters his plea to the charge$($s$)$ against him.

d$.$ The defendant is appointed counsel if he cannot afford counsel and the

offense with which he is charged is punishable by incarceration.

$6.$ Which of the following may a prosecutor do during plea negotiations?

a$.$ Enter into a binding agreement as to a maximum sentence

b$.$ Agree to abandon other charges in exchange for a guilty or nolo

contendere plea to a charged offense.

c$.$ Agree with the defendant to a specific sentence.

d$.$ Both B and C$.$

$7.$ Which of the following must be included in the charge in an indictment or

information?

a$.$ Time and place of the commission of the crime.

b$.$ Name of accused.

c$.$ Place of birth of the defendant.

d$.$ Both A and B$.$

$8.$ Which one of the following can a defendant receive from the prosecution

through a properly filed discovery motion?

a$.$ Recorded or written statements and the substance of any oral statements

made by a co$-$defendant.

b$.$ The names of any confidential informants who will testify at trial.

c$.$ Experts$$ statements or reports made in connection with the particular

case.

d$.$ All of the above.

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$9.$ Which of the following is not a proper subject of inquiry by the judge when

determining pretrial release?

a$.$ The defendant$$s prior arrest record.

b$.$ The defendant$$s length of residence in the community.

c$.$ The weight of the evidence against the defendant.

d$.$ The defendant$$s financial resources.

$10.$ A felony may not be prosecuted by:

a$.$ Information filed by the arresting officer.

b$.$ Indictment by the grand jury.

c$.$ An information filed by the state attorney.

d$.$ Either B or C$.$

$11.$ The doctrine that every person charged with a crime shall be brought to trial

within $90$ days of arrest for a misdemeanor crime or $175$ days for a felony is:

a$.$ Speedy Trial

b$.$ Double Jeopardy

c$.$ Swift Justice

d$.$ None of the above

$12.$ Sue Smiley wants to file an appeal from a final order. The trial court signed

the order November $1.$ The clerk stamped the order four days later, on

November $5.$ Assuming there are no intervening holidays, by what date must

Sue file her notice of appeal?

a$.$ November $30.$

b$.$ November $11.$

c$.$ December $5.$

d$.$ December $1.$

$13.$ Horace Hatfield received an opinion from the Third District Court of Appeal.

He is unhappy with it and believes the appellate court overlooked some facts

in his case. What should Horace do$?$

a$.$ File a motion for summary judgment.

b$.$ File a motion for rehearing.

c$.$ File a petition for certiorari.

d$.$ File a motion petition for mandamus in the Florida Supreme Court.

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$14.$ Abigail Atlas was chatting quietly in the hall outside Courtroom $14-1$ with

Mariel Topher, an employee of the Hopper Law Firm that was representing

Abigail. Abigail thought Topher was an attorney. Is Abigail$$s conversation

with Topher privileged?

a$.$ No$,$ because Topher is not an attorney and, therefore, the attorney$-$client

privilege does not apply.

b$.$ Yes, because Abigail thought Topher was a lawyer.

c$.$ Yes, because a courtroom corridor is a quiet place to talk.

d$.$ No$,$ b