JUDGES, ARRAIGNMENTS, AND THROWING OUT CASES The Facts of the Matter T here’s a common question among individuals who are facing arraignment: Will the judge throw out my case? It’s a misconception that judges look at cases during arraignment and make a determination to throw it out if they don’t think it should progress further. It’s not that simple. Procedures still need to be followed.
not be from a judge, either. It can be nolle pros or a state dismissal. Under Florida Rules of Criminal Procedure 3.190(c) there are four different ways a case can be dismissed before the trial: • The defendant is charged with an offense for which the defendant has been pardoned. • The defendant is charged with an offense for which the defendant previously has been placed in jeopardy. • The defendant is charged with an offense for which the defendant previously has been granted immunity. • There are no material disputed facts and the undisputed facts do not establish a prima facie case of guilt against the defendant. The facts on which the motion is based should be alleged specifically and the motion sworn to. The most common reason a case is dismissed is the last point, but it isn’t necessarily an easy thing to achieve. For instance, a defendant who is unrepresented by counsel is unlikely to have the insight they need to file a motion under this rule (and to do so correctly). This is something the defendant needs to discuss with an experienced criminal defense attorney. Most cases are not eligible for dismissal, but as the facts of the matter are presented to your attorney, reasoning may be found.
At an arraignment (whether in-person or virtual), according to Florida rules of Criminal Procedure 3.160, the state representatives (the judge, clerk, or prosecuting attorney) read the charges, then the defendant will plead guilty or not guilty. The judge won’t look at the evidence to determine if the state has enough to move forward (this would have been done at first appearance). So, unless there is an evidentiary issue, the judge is unlikely to look at the facts of your case until the trial itself.
Now, individuals typically have cases dismissed during the pretrial phase, if dismissal is warranted. This dismissal may
MEME CORNER
Cooking With Ashley
Iced Green Tea, 2 Ways
Nothing says summer like a glass of iced tea. Enjoy these two twists on a classic summer soother.
Ingredients
• •
2 tbsp loose-leaf green tea 4 cups filtered water, divided
•
1 tbsp whole coriander seeds
Option 2: Ginger Mint •
Option 1: Rose and Coriander • 1 tbsp dried rose petals
1 handful fresh mint leaves
•
1 inch fresh ginger, cut into coins
Directions
For Rose and Coriander Tea: 1. In a large pitcher, place green tea, rose petals, and coriander seeds. 2. Bring 1/2 cup water to just below boiling. 3. Pour hot water over tea leaves, petals, and seeds. Let steep for 10 seconds, then add the remaining 3 1/2 cups water. 4. Refrigerate 4–8 hours until tea reaches your desired strength. Strain and serve over ice. For Ginger Mint Tea: Follow the instructions above, substituting the mint leaves and ginger coins for the rose petals and coriander seeds.
3
Inspired by 101Cookbooks.com
www.matthewkoneckypa.com
Made with FlippingBook Ebook Creator