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All courts have a special set of rules by which to operate.  A Florida criminal case is nothing more than a lawsuit – similar to a contract dispute, a divorce, or a personal injury suit.  The only difference is that Florida criminal cases are governed by the Florida Rules of Criminal Procedure.

It is helpful for you to have a basic understanding of the Rules so that you know that Joe and the firm are able to do, and prohibited from doing.  Joe Bodiford is an expert on Florida criminal law, has taught Florida Criminal Procedure at the Stetson University College of Law for years, and is the author of The Florida Criminal Cases Notebook.  There is no one more familiar with the Florida Rules of Criminal Procedure than Joe.

Below you will find links to some of the most commonly used Florida Rules of Criminal Procedure.


COMMONLY USED FLORIDA RULES OF CRIMINAL PROCEDURE

II. GENERAL PROVISIONS
RULE 3.115. DUTIES OF STATE ATTORNEY; CRIMINAL INTAKE

III. PRELIMINARY PROCEEDINGS
RULE 3.125. NOTICE TO APPEAR
RULE 3.130. FIRST APPEARANCE
RULE 3.131. PRETRIAL RELEASE
RULE 3.132. PRETRIAL DETENTION
RULE 3.133. PRETRIAL PROBABLE CAUSE DETERMINATIONS AND ADVERSARY PRELIMINARY HEARINGS
RULE 3.134. TIME FOR FILING FORMAL CHARGES
RULE 3.140. INDICTMENTS; INFORMATIONS
RULE 3.150. JOINDER OF OFFENSES AND DEFENDANTS
RULE 3.151. CONSOLIDATION OF RELATED OFFENSES
RULE 3.152. SEVERANCE OF OFFENSES AND DEFENDANTS

IV. ARRAIGNMENT AND PLEAS
RULE 3.160. ARRAIGNMENT
RULE 3.170. PLEAS
RULE 3.171. PLEA DISCUSSIONS AND AGREEMENTS
RULE 3.172. ACCEPTANCE OF GUILTY OR NOLO CONTENDERE PLEA
RULE 3.180. PRESENCE OF DEFENDANT

V. PRETRIAL MOTIONS AND DEFENSES
RULE 3.190. PRETRIAL MOTIONS
RULE 3.191. SPEEDY TRIAL
RULE 3.200. NOTICE OF ALIBI
RULE 3.210. INCOMPETENCE TO PROCEED: PROCEDURE FOR RAISING THE ISSUE
RULE 3.211. COMPETENCE TO PROCEED: SCOPE OF EXAMINATION AND REPORT
RULE 3.212. COMPETENCE TO PROCEED: HEARING AND DISPOSITION
RULE 3.213. CONTINUING INCOMPETENCY TO PROCEED, EXCEPT INCOMPETENCY TO PROCEED WITH SENTENCING: DISPOSITION
RULE 3.214. INCOMPETENCY TO PROCEED TO SENTENCING: DISPOSITION
RULE 3.215. EFFECT OF ADJUDICATION OF INCOMPETENCY TO PROCEED: PSYCHOTROPIC MEDICATION
RULE 3.216. INSANITY AT TIME OF OFFENSE OR PROBATION OR COMMUNITY CONTROL VIOLATION: NOTICE AND APPOINTMENT OF EXPERTS
RULE 3.217. JUDGMENT OF NOT GUILTY BY REASON OF INSANITY: DISPOSITION OF DEFENDANT
RULE 3.218. COMMITMENT OF A DEFENDANT FOUND NOT GUILTY BY REASON OF INSANITY
RULE 3.219. CONDITIONAL RELEASE

VI. DISCOVERY
RULE 3.220. DISCOVERY

VIII. CHANGE OF VENUE
RULE 3.240. CHANGE OF VENUE

IX. THE TRIAL
RULE 3.250. ACCUSED AS WITNESS
RULE 3.251. RIGHT TO TRIAL BY JURY
RULE 3.260. WAIVER OF JURY TRIAL
RULE 3.270. NUMBER OF JURORS
RULE 3.280. ALTERNATE JURORS
RULE 3.281. LIST OF PROSPECTIVE JURORS
RULE 3.290. CHALLENGE TO PANEL
RULE 3.300. VOIR DIRE EXAMINATION, OATH, AND EXCUSING OF MEMBER
RULE 3.310. TIME FOR CHALLENGE
RULE 3.315. EXERCISE OF CHALLENGES
RULE 3.320. MANNER OF CHALLENGE
RULE 3.330. DETERMINATION OF CHALLENGE FOR CAUSE
RULE 3.340. EFFECT OF SUSTAINING CHALLENGE
RULE 3.350. PEREMPTORY CHALLENGES
RULE 3.360. OATH OF TRIAL JURORS
RULE 3.361. WITNESS ATTENDANCE AND SUBPOENAS

X. CONDUCT OF TRIAL; JURY INSTRUCTIONS
RULE 3.370. REGULATION AND SEPARATION OF JURORS
RULE 3.371. JUROR QUESTIONS OF WITNESSES
RULE 3.372. JUROR NOTEBOOKS
RULE 3.380. MOTION FOR JUDGMENT OF ACQUITTAL
RULE 3.381. FINAL ARGUMENTS
RULE 3.390. JURY INSTRUCTIONS
RULE 3.391. SELECTION OF FOREPERSON OF JURY
RULE 3.400. MATERIALS TO THE JURY ROOM
RULE 3.410. JURY REQUEST TO REVIEW EVIDENCE OR FOR ADDITIONAL INSTRUCTIONS
RULE 3.420. RECALL OF JURY FOR ADDITIONAL INSTRUCTIONS
RULE 3.430. JURY NOT RECALLABLE TO HEAR ADDITIONAL EVIDENCE

XI. THE VERDICT
RULE 3.440. RENDITION OF VERDICT; RECEPTION AND RECORDING
RULE 3.450. POLLING THE JURY
RULE 3.500. VERDICT OF GUILTY WHERE MORE THAN ONE COUNT
RULE 3.505. INCONSISTENT VERDICTS
RULE 3.510. DETERMINATION OF ATTEMPTS AND LESSER INCLUDED OFFENSES
RULE 3.520. VERDICT IN CASE OF JOINT DEFENDANTS
RULE 3.530. RECONSIDERATION OF AMBIGUOUS OR DEFECTIVE VERDICT
RULE 3.550. DISPOSITION OF DEFENDANT
RULE 3.570. IRREGULARITY IN RENDITION, RECEPTION, AND RECORDING OF VERDICT
RULE 3.575. MOTION TO INTERVIEW JUROR

XII. POST-TRIAL MOTIONS
RULE 3.580. COURT MAY GRANT NEW TRIAL
RULE 3.590. TIME FOR AND METHOD OF MAKING MOTIONS; PROCEDURE; CUSTODY PENDING HEARING
RULE 3.600. GROUNDS FOR NEW TRIAL
RULE 3.610. MOTION FOR ARREST OF JUDGMENT; GROUNDS
RULE 3.620. WHEN EVIDENCE SUSTAINS ONLY CONVICTION OF LESSER OFFENSE
RULE 3.630. SENTENCE BEFORE OR AFTER MOTION FILED
RULE 3.640. EFFECT OF GRANTING NEW TRIAL

XIII. JUDGMENT
RULE 3.690. JUDGMENT OF NOT GUILTY; DEFENDANT DISCHARGED AND SURETIES EXONERATED
RULE 3.691. POST-TRIAL RELEASE
RULE 3.692. PETITION TO SEAL OR EXPUNGE

XIV. SENTENCE
RULE 3.704. THE CRIMINAL PUNISHMENT CODE
RULE 3.710. PRESENTENCE REPORT
RULE 3.711. PRESENTENCE REPORT: WHEN PREPARED
RULE 3.712. PRESENTENCE REPORT: DISCLOSURE
RULE 3.713. PRESENTENCE INVESTIGATION DISCLOSURE: PARTIES
RULE 3.720. SENTENCING HEARING
RULE 3.790. PROBATION AND COMMUNITY CONTROL
RULE 3.800. CORRECTION, REDUCTION, AND MODIFICATION OF SENTENCES

XVI. CRIMINAL CONTEMPT
RULE 3.830. DIRECT CRIMINAL CONTEMPT
RULE 3.840. INDIRECT CRIMINAL CONTEMPT

XVII. POSTCONVICTION RELIEF
RULE 3.850. MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE