12/8/2023 0 Comments Florida motion to compel formPlease refer to appropriate Florida Statutes, Florida Rules of Judicial Administration, Administrative Orders and Local Rules and Practices for specific information. Many forms are controlled by the judiciary, legislature, or agencies at the level they are intended to be filed or above. As many of these forms are created by entities outside our control, some forms may be outdated. Simple access to forms cannot serve as an adequate substitute for legal counsel. ![]() They are not intended to serve as legal advice and do not substitute for competent legal counsel or direct legal research. Coral Springs Criminal Defense Teamįurther information about the discovery procedures followed in the South Florida criminal arena please contact our Criminal Lawyers in Coral Springs (responsible for research in this criminal law section).Forms listed on this site are for reference only and are not warranted for, nor are they a guarantee of, suitability for any specific purpose. Defense counsel usually avoid such dilemmas by refusing to accept tainted evidence from their clients. For example, standards of professional responsibility and statutory prohibitions against concealing evidence require defense counsel to turn over certain items (i.e., the fruits and instrumentalities of the crime) to the police.įort Lauderdale criminal defense lawyers should note that surrendering such evidence to the police, however, may assist in the conviction of counsel’s client. Other possible sanctions authorized in Florida include instructing the jury to assume the accuracy of certain facts that might have been established through the non-disclosed material holding the offending party in contempt of court declaring a mistrial or in the case of a violation by the government, dismissing the prosecution.ĭiscovery violations by the defense may occur when defense counsel are conflicted about their dual roles as advocates for the defendant and as members of the bar charged with responsibilities to the legal profession. The least drastic remedy for violations of discovery orders is to order immediate disclosure and offer a continuance for the party to examine the material.Ĭriminal defense lawyers in Broward County and surrounding areas are urged to argue for exclusion. If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this rule, the court may order such party to permit the discovery or inspection, grant a continuance, or prohibit the party from introducing evidence not disclosed, or it may enter such other order as it deems just under the circumstances. ![]() ![]() For example, according to Criminal Lawyer William Ryan Moore, the federal rules provide: If the prosecutor to comply with the courts discovery orders the court generally has a number of options for dealing with the violation. ![]() Criminal Defense Lawyer Practice Remedies for Violation of Discovery OrdersĬriminal defense lawyers who do not receive discovery within time limits set out by Florida statutes must file a motion to compel and set for hearing with proper notice to all parties.
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