Filing motion for new trial orally in Florida criminal proceedings

[quincy]

Thank you. I am not found guilty yet but expecting some thing may happen and getting knowledge to defend.

Knowledge is good but I think it is probably smarter for you to research good defense strategies (or preferably leave this for your attorney to do).

 

[Taxing Matters]

Thank you. I am not found guilty yet but expecting some thing may happen and getting knowledge to defend.

Then researching post conviction avenues for relief is way ahead of things. You want to focus on avoiding conviction in the first place, if possible. The motion you asked about at the start of this thread applies by its terms when you are found guilty by the court, which means a trial to the judge rather than a jury trial.

If criminal charges are filed against you, you really want a lawyer to help you contest the charges.

 

[Litigator22]

Thank you. In indirect criminal contempt proceedings, the verdict and judgment are as per the Rule 3.840(f) which states “Verdict; Judgment. At the conclusion of the hearing the judge shall sign and enter of record a judgment of guilty or not guilty. There should be included in a judgment of guilty a recital of the facts constituting the contempt of which the defendant has been found and adjudicated guilty.”

I also read “Criminal contempt proceedings are subject to court rules in criminal cases” Dowis v. State, 578 So. 2d 860 (Fla. 5th DCA 1991).

Does it mean, in indirect criminal contempt proceedings, 3.590 is applicable? That is,
In indirect criminal contempt proceedings, verdict must be announced in the same way as in other criminal proceedings?

In indirect criminal contempt proceedings, whether oral motion for new trial or in arrest of judgment can be made orally in open court, immediately after the return of the verdict or the finding of court?

The cause of your confusion is quite simple. Your premise is faulty. You are mixing oranges with apples. You are confusing a guilty verdict in a case brought on by the state (Rule 3.590(a) with a finding of guilt following a hearing on an order to show cause in re contempt of court. Rule 3.840(a)(f)(g).

The distinctions are patent and critical. For one in case of an OSC in re contempt there is no criminal prosecution in the sense that the state is directly involved as the offense is against the dignity of the court and not the state of Florida. There is an absence of formal criminal charges being filed. See: Neering v. State, 155 So. 2d 874 (Fla. 1963); State ex rel. Saunders v. Boyer, 166 So. 2d 694 (Fla. 2d DCA 1964); Ballenger v. State, 144 So. 2d 68 (Fla. 2d DCA 1962).

Secondly, the offender can be summarily found guilty; which is obviously not true in a criminal prosecution. And lastly there is no right of trial by jury.

In sum neither a motion for a "new trial" nor an "arrest of judgment" are available with respect to challenging a finding of guilt in re contempt of court.

 

[deshan34]

Thanks a lot for all the responses. Litigatir22 provided very valuable information, citing cases.

 

[Litigator22]

Thanks a lot for all the responses. Litigatir22 provided very valuable information, citing cases. (?)

Valuable information? All I did was point out that your short-sightedness was leading you down the wrong fork in the road. As for the cases cited you'll find them in the Official Comments to the Rules.

Have a good one.

"He is short-sighted who looks only on the path he treads and the wall on which he leans". (Khalil Gibran 1883-1931)

 

[quincy]

Valuable information? All I did was point out that your short-sightedness was leading you down the wrong fork in the road. As for the cases cited you'll find them in the Official Comments to the Rules.

Have a good one.

"He is short-sighted who looks only on the path he treads and the wall on which he leans". (Khalil Gibran 1883-1931)

I recommend you take the compliments where you find them, Litigator.

 

[not2cleverRed]

Valuable information? All I did was point out that your short-sightedness was leading you down the wrong fork in the road. As for the cases cited you'll find them in the Official Comments to the Rules.

Have a good one.

"He is short-sighted who looks only on the path he treads and the wall on which he leans". (Khalil Gibran 1883-1931)

It is sometimes said, "In the land of the blind, the one-eyed man is king."

Don't belittle one of your subjects.

Not a follower. Or a subject. But a graduate of Mary Haskell's school of learning.