1. Anatomy of a Criminal Trial West Melbourne Police Department Citizen’s Academy Court Night Judge David E. Silverman Judge Rhonda Babb

2. 2 Judge T. Mitchell Barlow, Jr.

3. 3 How does the case get started?  Arrest Probable cause Warrant Capias  Notice to Appear Traffic Citation Summons Ordinance Violation

4. 4 What Court will the case be in?  Circuit Court Felonies  More than 1yr prison / 5yr - $5,000 fine  Murder, Sexual Battery, Robbery, Burglary, Drugs  HTO DWLSR, 3 rd Petit Theft, Battery or DUI  County Court Misdemeanors  1yr or less jail / $1000 (not traffic infractions)  DUI, Battery, Theft, Resisting Arrest

5. 5 What happens at first appearance?  Within 24 Hours  Release by schedule bond or PTR  Video or Live  Judge’s Role: Advise defendants Determine probable cause Appoint counsel Set reasonable bond

6. 6 How does the judge set bail?  Presumption for non-monetary release Exception for violent offenses  Criteria for bond Nature of offense Prior criminal history Legal constraint Community ties Health condition

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8. 8 When will the trial be held?  Statute of limitations  Constitutional speedy trial  Speedy trial rule Felonies – 180 days Misdemeanors – 90 days

9. 9 What is a motion to suppress?  Motions to suppress based on unlawful Detention Search or seizure Acquisition of statements  Motions in Limine Relevance Hearsay

10. 10 How are jurors selected?  Random selection Driver’s license and voter registration Jury districts  Legal disqualification Absolute disqualification – Non-citizens, convicted felons Excuse if requested – Pregnant, over 70  Discretionary excusals – hardship or inconvenience

11. 11 What is voir dire?  Preliminary questioning by Court Ability to serve Scheduling problems  Questioning by counsel Information and indoctrination Experiences, feelings and opinions Separate questioning  Challenges Cause Peremptory

12. 12 How is a trial conducted?  Jury Selection  Preliminary Instructions  Opening Statements  Witnesses and Exhibits Examination Cross-Examination  Closing Arguments  Instructions on Law  Jury Deliberations

13. 13 What mistakes do witnesses make?  Common problems Intimidated witness Run-on witness Advocate witness  Opinions  Adverse facts Defensive witness Argumentative witness Accommodating witness

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15. 15 What is improper argument?  Opening Statement  Closing Argument Questions and lawyer’s statements - not evidence Argument – highlight facts and fair inferences Character attacks, facts not in evidence Mischaracterizing the law Comments on silence – burden shifting

16. 16 How does the judge sentence?  Plea Bargain  Felony Sentencing guidelines  Level of the offense, additional offenses, prior criminal history, legal constraint, victim injury  Downward departures  Capital cases Sentencing hearing - Advisory verdict Aggravating – mitigating circumstances  Overriding the verdict  Misdemeanor

17. 17 What will the sentence be?  Incarceration Mandatory terms, enhanced maximums for habitual offender, firearm use, prison releasee, drug trafficking, capital  Fine and costs  Probation Rehabilitation -- classes and counseling, community service, drug testing  Community Control

18. 18 What about an appeal?  Motions Judgment of acquittal New trial Mitigation  Appeal Next level Capital appeals Supersedeas bond

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20. 20 Thank you for attending our presentation.