18-42-B IN RE: MISDEMEANOR AND FELONY CHARGES ARISING OUT OF THE SAME CIRCUMSTANCES - ORDERED 9/13/2018 BY TONYA RAINWATER
EXCERPT: “WHEREAS, defendants are frequently charged with felony and misdemeanor (criminal traffic and non-traffic) offenses which arise out of the same circumstances; and WHEREAS, under F.S. 26.012(2)(d), the circuit court has exclusive original jurisdiction of all misdemeanors (criminal traffic or otherwise) arising out the same circumstances as a felony which is also charged; and WHEREAS, such misdemeanors arising out the same circumstances as a felony are frequently separated, given separate case numbers, and assigned separate court dates before separate judges; and WHEREAS, such separation of a misdemeanor arising out of the same circumstances as a felony is contrary to law and the conservation of judicial economy; THEREFORE IT IS ORDERED that: (Open AO for more information.)”
Additional Information: