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Florida Statutes 902.19 - When prosecutor liable for costs

Florida Statutes > Title XLVII > Chapter 902 > § 902.19 - When prosecutor liable for costs


Current as of: 2011

   (1) When a person makes a complaint before a county court judge that a crime has been committed and is recognized by the county court judge to appear at the next term of the court having jurisdiction to give evidence of the crime and fails to appear, the person shall be liable for all costs occasioned by his or her complaint, and the county court judge may obtain a judgment and execution for the costs as in other cases.

   (2) A person who voluntarily appears before a grand jury, state attorney, or county court judge shall not be paid per diem or mileage as a witness unless the grand jury finds a true bill, the state attorney files an information, or the county court judge holds the party charged for trial.

   (3) A person who voluntarily appears or has himself or herself summoned before a county court judge as a witness on the trial of a misdemeanor shall not be paid per diem or mileage as a witness unless the trial results in a conviction of the defendant.

s. 43, ch. 19554, 1939; CGL 1940 Supp. 8663(43); s. 2, c

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Questions & Answers: Criminal Procedure

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Comments (9)add comment
Richard Chiarelli : ...
What are the ethical duties of a prosecutor. For example, during a chamber meeting between the defense attorney and the prosecutor, the Judge says "I hope your client gets convicted". What are the ethical requirements of the prosecutor? Thank you.
1

January 31, 2012
Steven Daily: ...
Prosecutors in Florida are subject to the same ethical responsibilities as other attorneys. They also have some additional responsibilities, detailed in Rule 4-3.8 of the Florida Rules of Professional Conduct.

http://www.law.cornell.edu/ethics/fl/code/FL_CODE.HTM

Your example really relates more to the legal and ethical responsibilities of a judge. Florida's Code of Judicial Conduct is here:

http://www.floridasupremecourt.org/decisions/ethics/index.shtml

Among other things, it states, "A judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice...." (Canon 3).
2

January 31, 2012
Richard Chiarelli: ...
I have already addressed that issue. Thank you. However, a prosecutor, being an officer of the Court, does have a responsibilty to address misconduct? Thank you.
3

January 31, 2012
Steven Daily: ...
Section 4-8.3(b) of the Florida Rules of Professional Conduct (link above) states:

(b) Reporting Misconduct of Judges.

A lawyer having knowledge that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge's fitness for office shall inform the appropriate authority.
4

January 31, 2012
Richard David: ...
Do you know a case research firm?
5

January 31, 2012
Steven Daily: ...
I don't know what you mean by a case research firm. Examining court records for factual information? A private detective can do that. Legal research? A lawyer or paralegal can do that.
6

January 31, 2012
Richard David: ...
Sorry. I mean, researching cases, that have been ruled on by the Appellate Courts.
7

January 31, 2012
Steven Daily: ...
Law firms and attorneys perform that type of legal research. You could hire a paralegal as well, through a service such as Elance.com.
8

January 31, 2012
Richard David: ...
Thank you very much. I will leave you at peace. Thank you for your professionalism
9

January 31, 2012

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