Asked in Criminal Law for Florida

Q: Can you explain what commence the prosecution means in a criminal case?

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2 Lawyer Answers
Jenna Cyra Finkelstein
Jenna Cyra Finkelstein
Answered
  • Criminal Law Lawyer
  • Clearwater, FL
  • Licensed in Florida

A: Under Florida law, this is when the state files an indictment, information, or other charging document. A prosecution is considered to be commenced when formal charges are initiated following an arrest or summons.

Tim Akpinar agrees with this answer

Jonathan Blecher
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Answered
  • Criminal Law Lawyer
  • Coral Gables, FL
  • Licensed in Florida

A: Commencing the prosecution in a criminal case means that the legal process of pursuing criminal charges against a person or entity has been initiated.

It involves filing a formal criminal complaint or indictment, which outlines the specific charges and accusations against the defendant, and formally beginning the criminal proceedings against them.

Once the prosecution has commenced, the defendant will be notified of the charges against them and will have the opportunity to respond to the allegations and present a defense. The prosecution will then present evidence in support of their case, and the defendant will have the opportunity to challenge that evidence and present their own evidence and witnesses.

The commencement of a criminal prosecution is a significant step in the legal process, and it represents the beginning of a formal effort to hold someone accountable for alleged criminal activity.

Commencing the prosecution in a criminal case means that the legal process of pursuing criminal charges against a person or entity has been initiated.

In Florida, the statute of limitations refers to the time period within which criminal charges can be filed against an individual or entity for a particular offense. Once the statute of limitations has expired, the state is no longer able to bring criminal charges for that offense.

Tim Akpinar agrees with this answer

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