AT THE ARRAIGNMENT
WILL THE JUDGE THROW OUT YOUR CASE?
One common courtroom misconception is that a judge will look at a case at an arraignment and “throw it out” depending on the circumstances. In reality, judges only throw out criminal cases under very limited circumstances.
People generally have their cases dismissed during the pretrial phase. That dismissal may not necessarily be from a judge; instead, it’s a “nolle pros” or state’s dismissal. Under Florida Rules of Criminal Procedure 3.190(c) there are four different reasons the judge can throw out a case pretrial:
First, it’s important to understand what happens at an arraignment. Under the Florida rules of criminal procedure 3.160, “The arraignment shall be conducted in
● The defendant is charged with an offense for which the defendant has been pardoned.
open court or by audiovisual device in the discretion of the court and shall consist of the judge or clerk or prosecuting attorney reading the indictment or information on which the defendant will be tried to the defendant or stating orally to the defendant the substance of the charge or charges and calling on the defendant to plead thereto.”
● 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.
In other words, the state reads the charges, and the defendant pleads guilty or not guilty. The judge won’t look at evidence to determine whether the state has enough to move forward. This was done at first appearance.
● 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 fourth in the list is the most common reason a judge throws out a case. A person who is unrepresented by counsel rarely has the insight to file a motion properly under this rule. When someone goes to court without a lawyer to see if the judge will throw the case out, they’re putting their case in jeopardy. Abraham Lincoln said it best: “He who represents himself has a fool for a client.”
Unless there is an evidentiary issue, the judge won’t look at the facts of your case until the time of trial. Think of a judge as an umpire in baseball. The judge is only looking to call “balls” and “strikes.”
MEME CORNER
Cooking With Ashley
Roasted Asparagus With Lemon Breadcrumbs
Ingredients •
2 pounds asparagus
• • • • •
2 garlic cloves, minced
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1/3 cup plus 2 tablespoons extra-virgin olive oil
1 cup panko breadcrumbs
1 tablespoon flat-leaf parsley, chopped
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Kosher salt
2 teaspoons lemon zest
Freshly ground pepper
Juice of one lemon (fresh, not packaged)
Instructions 1. Heat oven to 425 F. Toss asparagus with 2 tablespoons olive oil and season with salt and pepper. Place on baking sheet and bake for 20–26 minutes, turning asparagus halfway through. 2. When asparagus is nearly done, heat remaining olive oil in a small skillet over
medium heat. Add garlic and cook for 1 minute. Add breadcrumbs and cook for 5 minutes, stirring frequently. Remove from heat and fold in parsley and lemon zest.
3. Transfer asparagus to serving platter, drizzle with lemon juice, and top with breadcrumb mixture.
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Recipe inspired by Food and Wine Magazine
www.matthewkoneckypa.com
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