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+ What are the duties of the State Attorney?
- What are the duties of the State Attorney?
There are 20 elected State Attorneys in Florida, one for each of the twenty Judicial Circuits. The State Attorney is the chief prosecutor in each circuit and is charged with the responsibility of representing the State of Florida in County and Circuit Courts. The overwhelming majority of the cases filed by the State Attorney are criminal. Criminal cases are classified as felonies, misdemeanors, or juvenile cases. Felony cases are more serious crimes that are punishable by a term in the Florida Department of Corrections. They are prosecuted in Circuit Court. Misdemeanors are less serious crimes which call for a maximum punishment of one year in the County Jail. Misdemeanors are prosecuted in County Court. Juvenile cases are criminal cases where the defendant was under the age of 18 at the time of the offense. These cases are handled by a Circuit Judge. Under some circumstances, juvenile offenders may be prosecuted as adults.
In addition, State Attorneys handle some civil cases, such as bond validations, contraband forfeiture, injunctions, proceedings to commit mentally ill individuals who pose a threat to themselves or others (called "Baker Act" proceedings), and various other civil matters.
The 20 elected State Attorneys are authorized to employ Assistant State Attorneys to assist them in prosecuting cases. Statewide, there are almost 1700 Assistant State Attorneys, including 26 in the Third Judicial Circuit.
+ How do I initiate a criminal complaint?
- How do I initiate a criminal complaint?
If you believe that a crime has been committed or have been the victim of a crime, you should first contact a law enforcement agency that has jurisdiction in the city of county where the physical acts of the crime occurred. A law enforcement agency such as a police department or sheriff's office will investigate your complaint. If they are able to obtain legally sufficient admissible evidence they will make an arrest. If the perpetrator cannot be readily located within their jurisdiction they may apply to a judge to have an arrest warrant issued and sent to the area where the offender is located or entered into law enforcement computer databases nationwide.
After the defendant is arrested the criminal case is submitted to the State Attorney's Office for an intake review to confirm that there are sufficient facts to prove a violation of a charged crime or crimes and that the necessary evidence including witnesses will be available for trial. This may involve discussing the facts and merits of the case with the victim, family members, or other complainant. Prosecution must be declined in some cases due to legal reasons such as insufficient proof. Some cases may be dropped upon the request of a victim who provides a valid reason such as restitution being received or no personal injury.
Cases meeting legal standards for prosecution are then filed by the Assistant State Attorney filing a document called an "Information" specifying the data and which statutes were violated. Cases of first-degree murder must be reviewed by the county Grand Jury who may file an "Indictment" to formalize the charge. After an Information or Indictment is filed, and arraignment will be scheduled and various other court proceedings take place such as status conferences called case management hearings, motions, plea or trial. Victims are notified of all hearings which they may choose to attend. Victims and other witnesses will be specifically notified by service of a subpoena for those hearings where their presence is mandatory to be available to testify as needed. The State Attorney's Office has Victim Advocates as counselors available in all counties to assist victims and their families throughout the various criminal court processes.
+ How many State Attorney's are there?
- How many State Attorney's are there?
There are twenty elected State Attorneys; one for each of the twenty Judicial Circuits in the State of Florida. In addition, there are approximately 1700 Assistant State Attorneys employed by the elected State Attorneys. Twenty five Assistant State Attorneys are employed in the Third Judicial Circuit.
+ What is a Judicial Circuit?
- What is a Judicial Circuit?
A Judicial Circuit is a subdivision of the state created to facilitate operation of the court system for the State of Florida. There are twenty Judicial Circuits within the State of Florida. A Judicial Circuit may consist of a single large county, or up to seven small counties. The Third Judicial Circuit has several Circuit Judges, a State Attorney, and a Public Defender.
+ Difference between the Attorney General and the State Attorney?
- Difference between the Attorney General and the State Attorney?
In addition to the 20 elected State Attorneys, one for each Judicial Circuit, there is an Attorney General of the State of Florida. In Florida, the Attorney General has limited jurisdiction in the trial of criminal cases. Criminal cases are prosecuted in local courts by the State Attorneys, and the Attorney General represents the State of Florida when those criminal cases are appealed to the District Courts of Appeal or to the Supreme Court.
Within the Office of the Attorney General is the Office of State Wide Prosecutor. The Sate Wide Prosecutor is appointed by the Attorney General, and is responsible for prosecuting certain criminal offenses that occur in more than two Judicial Circuits.
Although typically the Attorney General works closely with the 20 elected State Attorneys, particularly on those cases which are appealed, the Attorney General has no supervisory authority over the State Attorneys.