Attack outline

FL Criminal Law/Procedure Attack

Review the FL Criminal Law/Procedure Attack with ordered issue-spotting steps and Florida flags where relevant before you jump back into practice.

SubjectCriminal Law & ProcedureLast reviewedMarch 12, 2026JurisdictionFlorida-aware

Ordered attack steps

Step 1. Fourth Amendment Search

Government action?
Reasonable expectation of privacy?
Warrant? (probable cause + particularity)
Warrant exceptions: SILA, automobile, plain view, consent, exigent circumstances, Terry stop

Step 2. Fifth Amendment

Miranda: Custody + Interrogation required
Voluntary waiver?
Right to counsel invoked?
Fruit of poisonous tree?

Step 3. Sixth Amendment

Right to counsel at critical stages
Confrontation (Crawford: testimonial hearsay)
Speedy trial (FL: 175 days felony, 90 days misdemeanor)

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Step 4. FL Speedy Trial (R. Crim. P. 3.191)

Felony: 175 days; Misdemeanor: 90 days
Clock starts at arrest or filing of charges (whichever is earlier)
Defense continuances EXCLUDED from the count
Expiration → defendant files notice → State has 15-day RECAPTURE period
Demand for speedy trial (3.191(b)): triggers 60-day window
Felony discharge is generally WITHOUT prejudice (State may refile)

Step 5. FL Stand Your Ground

No duty to retreat if lawfully present
Not engaged in criminal activity
Reasonable belief force necessary
Can seek PRETRIAL IMMUNITY hearing
If granted: Case DISMISSED (not just acquittal)

Step 6. Double Jeopardy

When attaches: Jury sworn (jury trial) / First witness sworn (bench)
Same offense test (Blockburger)
Exceptions: Hung jury, mistrial at D's request, manifest necessity

Step 7. Substantive Crimes

Elements of charged offense
Mens rea requirement
Defenses: Self-defense, insanity, intoxication, duress
Inchoate crimes: Attempt, conspiracy, solicitation

Step 8. Post-2021 Criminal Procedure Doctrine

CANIGLIA v. STROM (2021): community-caretaking exception does NOT extend to warrantless HOME entries — exception is limited to vehicle impoundments (Cady v. Dombrowski)
TORRES v. MADRID (2021): a seizure occurs when an officer applies physical force to the body with intent to restrain, EVEN IF the person is not subdued (shooting at a fleeing suspect = seizure)
VEGA v. TEKOH (2022): Miranda violation is NOT actionable under § 1983 — Miranda is a prophylactic rule, not a constitutional right; remedy is exclusion of the statement, not damages
COUNTERMAN v. COLORADO (2023): true-threats prosecutions require at least RECKLESSNESS as to whether statements would be perceived as threats — negligence is insufficient (First Amendment)
SNYDER v. US (2024): § 666 criminalizes BRIBERY (pay for future act) but NOT after-the-fact GRATUITIES (reward for past act)

Step 9. FL-Specific Criminal Procedure

Arthur hearing: pretrial detention in capital/life cases — State must show proof of guilt is evident or presumption is great
Grand jury indictment required ONLY for capital offenses; all other felonies proceed by information
FL allows criminal DEPOSITIONS of all prosecution witnesses (much broader than federal)
Withheld adjudication: probation without formal conviction — preserves civil rights
Criminal Punishment Code (§§ 921.002-.0027): scoresheet determines lowest permissible sentence; departure requires written mitigating reasons
SB 450 (2023): death recommendation reduced from unanimous to 8 of 12 jurors