Rules Of Criminal Procedure?

[Gracie3787]

What is the name of your state? Florida
I know this may seem like a strange question, but I'm going to ask anyway because I don't know where else to look for the answer.

Does the Federal Rules of Criminal Procedure apply to all criminal cases?
Or do they apply to only federal crimes?

In other words, can they be used in conjuntion with a State's Rules in a state felony case?

Thank you for any help.
Gracie

 

[tranquility]

No. But, give an example of what you mean as the question may have not been the one you really wanted to ask. "Choice of Law" can be difficult in cases with a lot of issues.

 

[Gracie3787]

No. But, give an example of what you mean as the question may have not been the one you really wanted to ask. "Choice of Law" can be difficult in cases with a lot of issues.

I'll try to explain some of what I'm asking about:

Florida statutes and Florida Rules of Criminal Procedure state that when a probationer has violated probabtion that the probationer is to be "advised" by the court of the allegations of voilations. The Federal Rules of Criminal Procedure state that probationer is to receive WRITTEN notice of allegations. (I'm assuming that this refers to the Affidavit of Violation).

Since the state's rules/statutes don't specify written notice, does that mean that the Federal rules can be used to supplement (clarify) what the state's laws are?

Here's the situation I'm referring to:
Probationer was on felony probation in 2 counties (both within the same Judicial Circuit) running concurrent.
Violations were alleged in one county, probationer was arrested 3/31/04 for the violations, that county revoked probation and sentenced probationer to 28 months incarceration on 12/22/04.

On 8/22/05 ( 17 months after arrest for VOP in first county and 8 months after first county revoked thier probation) the second county filed a VOP affidavit, placing a detainer on probationer's release from prison.

Probationer was NOT (to this date) given a written copy of the affidavit or anything else stating in writing what the allegations are. Probationer didn't learn exactly what the allegations were until I got a copy of the affidavit from the court clerk. (Yes, he was VERBALLY "informed" by the court of the allegations).

The reason that I'm asking is because by not receiving anything in writing the probationer has been unable to do anything about trying to defend himself. (there is a PD, but he has refused to speak to probationer, refused to return calls/faxes/e-mails/, is extremely overworked/understaffed, and was reprimanded by the Judge for NOT issing a subpoena for a witness for a hearing which had to be postponed).

Any help will be greatly appreciated.
Gracie

 

[seniorjudge]

Federal rules apply to federal cases.

State rules apply to state cases.

 

[Gracie3787]

Federal rules apply to federal cases.

State rules apply to state cases.

Thank you.