SAO16

Description

A Guide to the Criminal Justice System for Victims and Witnesses Stages of the Criminal Justice System As a defendant (the person who is accused of committing the crime) is arrested, the case is referred to the State Attorney's Office. The following information is provided to help you understand what to expect from the system and what the system expects from you. First Appearance Within 24 hours of the defendant's arrest, a first appearance is held. The Judge decides whether a bond should be set and if so, how much. If the defendant is able to post bond, they will be released pending trial. The Judge may include a special condition ordering the defendant not to have contact with the victim If you are contacted or harassed by the defendant, you should immediately contact your local law enforcement agency and the State Attorney's Office. Filing Decision An Assistant State Attorney will review the case and when necessary, interview the victims and witnesses. If there is sufficient evidence, criminal charges will be filed. The formal charging document is called an Information. No Action If it is determined that the case cannot be prosecuted, the Assistant State Attorney will attempt to notify the victim before filing a No Action document with the court. Arraignment At this Court hearing, the Assistant State Attorney files the Information (formal criminal charges) with the Court. The defendant will enter plea of guilty or not guilty. While some defendants do plead guilty at theArraignment, most will enter a not guilty plea and a trial date will be set. Subpoena A Subpoena is a court order requiring a victim or witness to appear and give testimony. You must contact the office that has subpoenaed you to confirm the date and time. Please be sure to call one business day before your scheduled appearance in order to avoid unnecessary travel. Depositions Florida law allows the defense attorney to interview victims and witnesses, under oath, prior to trial. This interview is called a deposition. You may receive a subpoena from the defendant's attorney requiring you to appear to have your deposition taken. Notice Although you are not required to talk to the defendant's attorney without having been served a subpoena, you may do so. If you are unsure of your obligation, you are entitled to discuss this matter with the Assistant State Attorney assigned to your case prior to making this decision. Nolle Prosse There are times when it may be necessary for the Assistant State Attorney to drop the charges prior to the defendant pleading guilty or the case coming to trial. This is called a Nolle Prosse. There are a number of reasons why this may happen including a lack of evidence or the defendant's plea of guilty in another case. The victim will be informed as soon as possible by the Assistant State Attorney to explain the reason(s) and/or to answer any questions. Plea Negotiations In many cases the defendant will plead guilty to all or some of the charges prior to the trial date. The plea maybe the result of discussions, or Negotiations, between the Assistant State Attorney and the defense attorney.

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