¡Disfruta de SmartLeges Premium!

Suscríbete a SmartLeges Premium y disfruta de estas ventajas:

  • Consulta tantas leyes como necesites, gratuitas o de pago, sin coste adicional
  • Consulta casi cualquier ley en varios países gracias al nuevo buscador avanzado. ¡Toda la legislación a tu alcance!
  • Disfruta de todas las características de SmartLeges sin restricciones
Ver los planes

Una aplicación imprescindible y gratuita para profesionales y estudiantes del sector jurídico

Leer más
 

¡Regístrate gratis!

¿Quieres consultar esta y otras leyes completas?

Regístrate gratis y podrás consultar las leyes en tu móvil o tablet, además de subrayar textos, añadir notas...

¡Regístrate gratis!

Compartir esta ley Otras leyes de Estados Unidos
Email Facebook Twitter Google Linkedin Tumblr

TITLE XLVII

CRIMINAL PROCEDURE AND CORRECTIONS

Last update: 2013-11-01


  • General Provisions
  • Arrests
  • Preliminary Hearings
  • Bail
  • Grand Jury
  • Procedure After Arrest
  • Jurisdiction And Venue
  • Trial Jury
  • Witnesses; Criminal Proceedings
  • Mentally Deficient And Mentally Ill Defendants
    • General Provisions (ss. 916.10-916.1093)
    • Forensic Services For Persons Who Are Mentally Ill (ss. 916.111-916.17)
    • Forensic Services For Persons Who Are Intellectually Disabled Or Autistic (ss. 916.301-916.304)
  • Conduct Of Trial
  • Sentence
  • Execution
  • Form Of Indictment And Other Forms
  • Criminal Appeals And Collateral Review
  • Miscellaneous Provisions Of Criminal Procedure
  • Provisions Supplemental To Criminal Procedure Law
  • Search And Inspection Warrants
  • Security Of Communications; Surveillance
  • Inquests Of The Dead
  • Missing Person Investigations
  • Court Costs
    • Mandatory Costs In All Cases (ss. 938.01-938.06)
    • Mandatory Costs In Specific Types Of Cases (ss. 938.07-938.13)
    • Mandatory Court Costs Authorized By Local Governmental Entities (ss. 938.15-938.19)
    • Discretionary Costs In Specific Types Of Cases (ss. 938.21-938.301)
    • Miscellaneous Provisions (ss. 938.31, 938.35)
  • Costs
  • Executive Clemency
  • Corrections: Interstate Cooperation
    • Uniform Interstate Extradition (ss. 941.01-941.42)
    • Interstate Agreement On Detainers (ss. 941.45-941.50)
    • Interstate Corrections Compact (ss. 941.55-941.57)
  • Interstate Extradition Of Witnesses
  • Department Of Law Enforcement
  • State Correctional System
  • Department Of Corrections
  • Inmate Labor And Correctional Work Programs
    • Correctional Work Programs, Generally (ss. 946.002-946.42)
    • Leased Or Managed Work Programs (ss. 946.501-946.525)
  • Parole Commission
  • Probation And Community Control
  • Parole And Probation: General Provisions
  • Jails And Jailers
  • County And Municipal Prisoners
  • Correctional Privatization
  • Youthful Offenders
  • Victim Assistance
  • Victims Of Wrongful Incarceration Compensation
  • Children And Families In Need Of Services
  • Juvenile Justice; Interstate Compact On Juveniles
    • General Provisions (ss. 985.01-985.039)
    • Records And Information (ss. 985.04-985.047)
    • Custody And Intake; Intervention And Diversion (ss. 985.101-985.16)
    • Examinations And Evaluations (ss. 985.18-985.195)
    • Detention (ss. 985.24-985.275)
    • Petition, Arraignment, And Adjudication (ss. 985.318-985.35)
    • Disposition; Postdisposition (ss. 985.43-985.494)
    • Authority Of The Court Over Parents Or Guardians (ss. 985.511-985.514)
    • Appeal (ss. 985.534-985.536)
    • Transfer To Adult Court (ss. 985.556-985.57)
    • Department Of Juvenile Justice (ss. 985.601-985.694)
    • Miscellaneous Offenses (ss. 985.701-985.731)
    • Interstate Compact On Juveniles (ss. 985.801-985.8025)
  • Version 2013-11-01
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 2011-11-08
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 2011-04-19

Chapter 900

GENERAL PROVISIONS

900.01 - Title

Chapters 900-925 may be cited as the “Criminal Procedure Law.”


History.- s. 320, ch. 19554, 1939; CGL 1940 Supp. 8663(333); s. 7, ch. 22858, 1945; s. 1, ch. 70-339.

Note.- Former s. 925.03.


900.02 - Effective date

The Criminal Procedure Law shall become effective at 12:01 a.m., January 1, 1971, and shall govern the procedure in all criminal cases instituted after that time.


History.- s. 321, ch. 19554, 1939; CGL 1940 Supp. 8663(334); s. 1, ch. 70-339.

Note.- Former s. 925.02.


900.03 - Courts vested with criminal jurisdiction; process

  • (1) Original jurisdiction in criminal cases is vested in the circuit courts and county courts.

  • (2) Courts having criminal jurisdiction may issue writs and process necessary to the exercise of the criminal jurisdiction and the writs and process shall have effect through the state.

History.- RS 2792, 2793; GS 3842, 3843; RGS 5937, 5938; CGL 8203, 8204; s. 10, ch. 65-483; s. 2, ch. 70-339; s. 34, ch. 73-334.

Note.- Former ss. 932.01, 932.02.


900.04 - Contempts

Said courts, in the exercise of their criminal jurisdiction may punish for contempts as in the exercise of their civil jurisdiction, and the county courts shall possess, in this respect, the same powers as the circuit courts.


History.- RS 2794; GS 3844; RGS 5939; CGL 8205; s. 3, ch. 70-339; s. 34, ch. 73-334.

Note.- Former s. 932.03.


Chapter 901

ARRESTS

901.01 - Judicial officers have committing authority

Each state judicial officer is a conservator of the peace and has committing authority to issue warrants of arrest, commit offenders to jail, and recognize them to appear to answer the charge. He or she may require sureties of the peace when the peace has been substantially threatened or disturbed.


History.- s. 1, ch. 19554, 1939; CGL 1940 Supp. 8663(1); s. 1, ch. 70-338; s. 4, ch. 70-339; s. 34, ch. 73-334; s. 1451, ch. 97-102; s. 18, ch. 2004-11.

901.02 - Issuance of arrest warrants

  • (1) A judge, upon examination of the complaint and proofs submitted, if satisfied that probable cause exists for the issuance of an arrest warrant for any crime committed within the judge’s jurisdiction, shall thereupon issue an arrest warrant signed by the judge with the judge’s name of office.

  • (2) The court may issue a warrant for the defendant’s arrest when all of the following circumstances apply:

    • (a) A complaint has been filed charging the commission of a misdemeanor only.

    • (b) The summons issued to the defendant has been returned unserved.

    • (c) The conditions of subsection (1) are met.

  • (3) A judge may electronically sign an arrest warrant if the requirements of subsection (1) or subsection (2) are met and the judge, based on an examination of the complaint and proofs submitted, determines that the complaint:

    • (a) Bears the affiant’s signature, or electronic signature if the complaint was submitted electronically.

    • (b) Is supported by an oath or affirmation administered by the judge or other person authorized by law to administer oaths.

    • (c) If submitted electronically, is submitted by reliable electronic means.

  • (4) An arrest warrant shall be deemed to be issued by a judge at the time the judge affixes the judge’s signature or electronic signature to the warrant. As used in this section, the term “electronic signature” has the same meaning as provided in s. 933.40.

History.- s. 2, ch. 19554, 1939; CGL 1940 Supp. 8663(2); s. 5, ch. 70-339; s. 1452, ch. 97-102; s. 1, ch. 99-169; s. 19, ch. 2004-11; s. 1, ch. 2013-247.

901.04 - Direction and execution of warrant

Warrants shall be directed to all sheriffs of the state. A warrant shall be executed only by the sheriff of the county in which the arrest is made unless the arrest is made in fresh pursuit, in which event it may be executed by any sheriff who is advised of the existence of the warrant. An arrest may be made on any day and at any time of the day or night.


History.- s. 4, ch. 19554, 1939; CGL 1940 Supp. 8663(4); s. 6, ch. 70-339; s. 34, ch. 73-334.

901.07 - Admission to bail when arrest occurs in another county

  • (1) When an arrest by a warrant occurs in a county other than the one in which the alleged offense was committed and the warrant issued, if the person arrested has a right to bail, the arresting officer shall inform the person of his or her right and, upon request, shall take the person before a trial court judge or other official of the same county having authority to admit to bail. The official shall admit the person arrested to bail for his or her appearance before the trial court judge who issued the warrant.

  • (2) If the person arrested does not have a right to bail or, when informed of his or her right to bail, does not furnish bail immediately, the officer who made the arrest or the officer having the warrant shall take the person before the trial court judge who issued the warrant.

History.- s. 7, ch. 19554, 1939; CGL 1940 Supp. 8663(7); s. 6, ch. 70-339; s. 1453, ch. 97-102; s. 20, ch. 2004-11.

901.08 - Issue of warrant when offense triable in another county

  • (1) When a complaint before a trial court judge charges the commission of an offense that is punishable by death or life imprisonment and is triable in another county of the state, but it appears that the person against whom the complaint is made is in the county where the complaint is made, the same proceedings for issuing a warrant shall be used as prescribed in this chapter, except that the warrant shall require the person against whom the complaint is made to be taken before a designated trial court judge of the county in which the offense is triable.

  • (2) If the person arrested has a right to bail, the officer making the arrest shall inform the person of his or her right to bail and, on request, shall take the person before a trial court judge or other official having authority to admit to bail in the county in which the arrest is made. The official shall admit the person to bail for his or her appearance before the trial court judge designated in the warrant.

  • (3) If the person arrested does not have a right to bail or, when informed of his or her right to bail, does not furnish bail immediately, he or she shall be taken before the trial court judge designated in the warrant.

History.- s. 8, ch. 19554, 1939; CGL 1940 Supp. 8663(8); s. 6, ch. 70-339; s. 1454, ch. 97-102; s. 21, ch. 2004-11.

901.09 - When summons shall be issued

  • (1) When the complaint is for an offense that the trial court judge is empowered to try summarily, the trial court judge shall issue a summons instead of a warrant, unless she or he reasonably believes that the person against whom the complaint was made will not appear upon a summons, in which event the trial court judge shall issue a warrant.

  • (2) When the complaint is for a misdemeanor that the trial court judge is not empowered to try summarily, the trial court judge shall issue a summons instead of a warrant if she or he reasonably believes that the person against whom the complaint was made will appear upon a summons.

  • (3) The summons shall set forth substantially the nature of the offense and shall command the person against whom the complaint was made to appear before the trial court judge at a stated time and place.

History.- s. 9, ch. 19554, 1939; CGL 1940 Supp. 8663(9); s. 6, ch. 70-339; s. 1455, ch. 97-102; s. 22, ch. 2004-11.

901.10 - How summons served

A summons shall be served in the same manner as a summons in a civil action.


History.- s. 10, ch. 19554, 1939; CGL 1940 Supp. 8663(10); s. 6, ch. 70-339.

901.11 - Effect of not answering summons

Failure to appear as commanded by a summons without good cause is an indirect criminal contempt of court and may be punished by a fine of not more than $100. When a person fails to appear as commanded by a summons, the trial court judge shall issue a warrant. If the trial court judge acquires reason to believe that the person summoned will not appear as commanded after issuing a summons, the trial court judge may issue a warrant.


History.- s. 11, ch. 19554, 1939; CGL 1940 Supp. 8663(11); s. 6, ch. 70-339; s. 1456, ch. 97-102; s. 23, ch. 2004-11.

901.12 - Summons against corporation

When a complaint of an offense is made against a corporation, the trial court judge shall issue a summons that shall set forth substantially the nature of the offense and command the corporation to appear before the trial court judge at a stated time and place.


History.- s. 12, ch. 19554, 1939; CGL 1940 Supp. 8663(12); s. 6, ch. 70-339; s. 1457, ch. 97-102; s. 24, ch. 2004-11.