![]() Each count of an indictment or information on which the defendant is to be tried shall contain allegations stating as definitely as possible the time and place of the commission of the offense charged in the act or transaction or on 2 or more acts or transactions connected together, provided the court in which the indictment or information is filed has jurisdiction to try all of the offenses charged. ![]() If the grand jury, prosecuting attorney, or affiant making the charge does not know either the name of the accused or any name or description by which the accused can be identified with reasonable certainty, the indictment or information, as the case may be, shall so allege and the accused may be charged by a fictitious name. The name of the accused person shall be stated, if known, and if not known, the person may be described by any name or description by which the person can be identified with reasonable certainty. Error in or omission of the citation shall not be ground for dismissing the count or for a reversal of a conviction based thereon if the error or omission did not mislead the defendant to the defendant’s prejudice. In addition, each count shall recite the official or customary citation of the statute, rule, regulation, or other provision of law that the defendant is alleged to have violated. Each count of an indictment or information on which the defendant is to be tried shall allege the essential facts constituting the offense charged. (1) Allegation of Facts Citation of Law Violated. Failure to include these facts shall not invalidate an otherwise sufficient indictment or information. ![]() Every indictment or information shall include the defendant’s race, gender, and date of birth when any of these facts are known. Every indictment or information on which the defendant is to be tried shall bear the date (day, month, year) that it is filed in each court in which it is so filed. Informations shall state that the appropriate prosecuting attorney makes the charge. Indictments shall state that the defendant is charged by the grand jury of the county. All indictments or informations on which the defendant is to be tried shall expressly state that the prosecution is brought in the name and by the authority of the State of Florida. Or, in the case of municipal ordinance cases in county court,Ĭity of / County versus (name of defendant).Īny defect, error, or omission in a caption may be amended as of course, at any stage of the proceeding, whether before or after a plea to the merits, by court order. State of Florida versus (name of defendant) Upon objection made as to its absence a caption shall be prefixed in substantially the following manner: No formal caption is essential to the validity of an indictment or information on which the defendant is to be tried. (c) Caption, Commencement, Date, and Personal Statistics. (b) Nature of Indictment or Information.The indictment or information on which the defendant is to be tried shall be a plain, concise, and definite written statement of the essential facts constituting the offense charged. When a grand jury returns an indictment for an offense not triable in the circuit court, the circuit judge shall either issue a summons returnable in the county court or shall bail the accused for trial in the county court, and the judge, or at the judge’s direction, the clerk of the circuit court, shall certify the indictment and file it in the records of the county court. In circuit courts and county courts, prosecution shall be solely by indictment or information, except that prosecution in county courts for violations of municipal ordinances and metropolitan county ordinances may be by affidavit or docket entries and prosecutions for misdemeanors, municipal ordinances, and county ordinances may be by notice to appear issued and served pursuant to rule 3.125. The prosecution of all other criminal offenses shall be as follows: An offense that may be punished by death shall be prosecuted by indictment. ![]() The Information is the formal document that the State of Florida uses to allege crimes against a defendant. It is like a complaint in a civil action – it is the foundation of a criminal case. The piece of paper is named “Information”, Yes, it contains information, but that is also its name. Bodiford Law Note: This can be confusing for clients.
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