Where sufficient grounds exist a suspect will be charged with a crime under Florida criminal law. All alleged violations are set out in the charging document known as an information this document seeks to notify the accused of the charge and the law he or she is alleged to have violated.
William R. Moore Criminal Defense, Broward County, FL
The defendants retained criminal defense attorney is not involved in either the drafting or even negotiating the preparation of this document.
Despite not being involved in the preparation of said court documents, an experienced criminal defense attorney should always discuss the facts of the case with the filing prosecutor prior to their drafting an information. Misdemeanors: charges brought by investigating officer Petty offenses such as misdemeanor crimes can be charged by the investigating law enforcement officer at initial contact with the suspect.
Broward Sheriff’s office deputies can prepare the charging document himself, however in South Florida this is generally prepared by the Broward State Atty.’s office.
Complaint and information: Felony Offenses
Where the crime alleged is a felony, Broward prosecutors will review all facts and circumstances surrounding the alleged crime and make a determination as to whether said felony offenses will be charged. The severity and level of crime charged is also determined at this time where appropriate. The filing of an information commences the criminal proceedings under Florida law.
Probable cause affidavit
In Broward County a complaint or information bringing charges against a defendant requires an appropriate affidavit of probable cause. This affidavit must be sworn to by an investigating officer taking responsibility for the case. The probable cause affidavit should consist of a summary of all investigating officers reports. It should also allege facts that tends to support that officers have a reasonable justification that a crime was committed and that the suspect committed it.