Criminal procedure rules in non-jury trials

[deming]

What is the name of your state? Florida

In Florida rules of criminal procedure, RULE 3.580 states that “When a verdict has been rendered… the court, on motion of the defendant …may grant a new trial or arrest judgment.”. If the trial was conducted without a jury (i.e. conducted by judge alone), still the RULE 3.580 is valid? Similarly, RULE 3.590(a) which states “Time for Filing in Noncapital Cases. In cases in which the state does not seek the death penalty, a motion for new trial or in arrest of judgment, or both may be made, either orally in open court or in writing and filed with the clerk’s office, within 10 days after the rendition of the verdict or the finding of the court.” is also valid if it is a non jury trial?

If a motion is filed under rule 3.600 (Grounds For New Trial) then the court MUST grant a new trial or the decision on conducting new trail is up to the court?

 

[Zigner]

Great questions for your attorney.

 

[deming]

Although I appreciate your response, I wish to know if this forum can provide an answer.

I cannot afford an attorney.

 

[Just Blue]

Although I appreciate your response, I wish to know if this forum can provide an answer.

I cannot afford an attorney.

Are you the defendant in the criminal case?

 

[quincy]

Although I appreciate your response, I wish to know if this forum can provide an answer.

I cannot afford an attorney.

You can appeal the decision of the court. If this is a criminal case and you cannot afford to pay for an attorney, you should request a public defender.

 

[deming]

Appreciate your response. The appeal time has passed away. I already completed the sentence. I want to clean my record using 3.850 (not 3.580) as I believe that law was violated.

For this, I need some clarification on what about verdict in a non-jury trial because 3.580 (not 3.850) talks about verdict. Will there be verdict in non-jury trial or not? In non-jury trial will there be a judgment only (without verdict). This is my question.

 

[quincy]

Appreciate your response. The appeal time has passed away. I already completed the sentence. I want to clean my record using 3.850 (not 3.580) as I believe that law was violated.

For this, I need some clarification on what about verdict in a non-jury trial because 3.580 (not 3.850) talks about verdict. Will there be verdict in non-jury trial or not? In non-jury trial will there be a judgment only (without verdict). This is my question.

There is a verdict in a nonjury trial. The verdict is handed down by the judge.

 

[Mass_Shyster]

I don't know anything about Florida law. The following is based on Mass law and may or may not be relevant to your case.

During ANY trial, when the government has rested, the defense can move for a required finding of not guilty. This is generally granted when the prosecution has offered no evidence as to one of the elements of a crime. For example, an OUI in Mass can only occur on a public way. If the Commonwealth offers no evidence at all that the event took place on a public way, the judge will enter a required finding of not guilty. It matters not whether this is jury trial or a bench trial.

When the defense has rested during a jury trial, the defense can request a directed verdict, stating that no reasonable jury could find the defendant guilty based on the evidence presented. At this stages, judges are generally reluctant to grant this unless it's an extremely emotional case with few facts presented. This does not make any sense to do during a bench trial because the judge will be rendering the verdict anyway.

Immediately following a guilty finding by a jury, the defense can request a judgment notwithstanding the verdict. This is essentially the same argument as requesting a directed verdict. This is almost never granted. The few times it is granted is when the judge expected the jury to find the defendant not guilty, but didn't want to take the decision away from the jury prior to deliberations.

Within some timeframe after sentencing, (in Mass it's 30 days) the defense can file a notice of appeal, claiming the judge make some error of law that would require a directed not guilty or a new trial. I'm filing a notice of appeal later today because I believe my client had a valid claim of self-defense and the prosection did not prove, beyond a reasonable doubt that he was not acting in self defense.

Any time after trial, the defense can file a motion for a new trial. This is often done on old cases when new evidence (DNA) is now available that was not available at the time of trial. Another frequent reason for a new trial is when the defense attorney did not warn the defendant of the immigration consequences of a guilty plea, and the defendant is now subject to deportation.

 

[quincy]

Deming, you say you have already served your sentence. Are you looking to seal/expunge your record?

What was the offense for which you served a sentence?

 

[deming]

Thank you both for all the details, appreciate. Also for Quincy: this was on a DUI. The court messed-up everything, deviating from the rules and bypassing several procedures (I cannot tell more details here as it may reveal my/case identity).



Now I want to invoke rule 3.850 (which has 2 year time limit and which specifically can be applied under the following circumstances “This rule does not authorize relief based on grounds that could have or should have been raised at trial and, if properly preserved, on direct appeal of the judgment and sentence.” Those circumstances are fulfilled in my case.



Still I am confused on the following:



Rule 3.590(a) states: “TIME FOR AND METHOD OF MAKING MOTIONS; PROCEDURE; CUSTODY PENDING HEARING”. “Time for Filing in Noncapital Cases. In cases in which the state does not seek the death penalty, a motion for new trial or in arrest of judgment, or both may be made, either orally in open court or in writing and filed with the clerk’s office, within 10 days after the rendition of the verdict or the finding of the court.”



It is unclear if the motion for new trial (using rule 3.600) or in arrest of judgment (using rule 3.610) stated above can be filed once the verdict of guilty is announced even though a written/signed judgment was not entered by then?



Motion for “arrest of judgment”: does it mean motion to request the court to stop the forth coming judgment?

 

[quincy]

Thank you both for all the details, appreciate. Also for Quincy: this was on a DUI. The court messed-up everything, deviating from the rules and bypassing several procedures (I cannot tell more details here as it may reveal my/case identity).



Now I want to invoke rule 3.850 (which has 2 year time limit and which specifically can be applied under the following circumstances “This rule does not authorize relief based on grounds that could have or should have been raised at trial and, if properly preserved, on direct appeal of the judgment and sentence.” Those circumstances are fulfilled in my case.



Still I am confused on the following:



Rule 3.590(a) states: “TIME FOR AND METHOD OF MAKING MOTIONS; PROCEDURE; CUSTODY PENDING HEARING”. “Time for Filing in Noncapital Cases. In cases in which the state does not seek the death penalty, a motion for new trial or in arrest of judgment, or both may be made, either orally in open court or in writing and filed with the clerk’s office, within 10 days after the rendition of the verdict or the finding of the court.”



It is unclear if the motion for new trial (using rule 3.600) or in arrest of judgment (using rule 3.610) stated above can be filed once the verdict of guilty is announced even though a written/signed judgment was not entered by then?



Motion for “arrest of judgment”: does it mean motion to request the court to stop the forth coming judgment?

You can't "stop" anything at this point. You were (apparently) found guilty of the DUI charge and you completed your sentence.

What you CAN do is seek to have the conviction sealed or expunged.

 

[quincy]

Here is a link on expunging/sealing criminal records:
https://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home.aspx

 

[deming]

Thank you Quincy. It was due lack of knowledge, I thought I can stop/reverse. Yes, what I want is, "conviction sealed or expunged".
An YES/NO answers to my above questions would be more than enough for me to decide my chances of success because, if the answer to my above two questions (pasted below again) is YES then I can proceed.

It is unclear if the motion for new trial (using rule 3.600) or in arrest of judgment (using rule 3.610) stated above can be filed once the verdict of guilty is announced even though a written/signed judgment was not entered by then?



Motion for “arrest of judgment”: does it mean motion to request the court to stop the forth coming judgment?

 

[quincy]

How long ago were you convicted and how long ago did you complete your sentence?

 

[deming]

Thank you. It was not more than 2 years ago. I cannot reveal further details.