…all the elements of the offense pleaded in terms sufficient enough to apprise the accused of what he must be prepared to meet, and … pleaded in such a manner as to enable the defendant to plead prior jeopardy as a defense if additional charges are brought for the same offense.īattle v. The caption and body of the information contained: The defendant should also establish prejudice from the language of the charging document. If the trial court denies relief, then on appeal, the defendant must establish that the information wholly failed to charge a crime or was impermissibly vague, indistinct, and indefinite. No indictment or information, or any count thereof, shall be dismissed or judgment arrested, or new trial granted on account of any defect in the form of the indictment or information or of misjoinder of offenses or for any cause whatsoever, unless the court shall be of the opinion that the indictment or information is so vague, indistinct, and indefinite as to mislead the accused and embarrass him or her in the preparation of a defense or expose the accused after conviction or acquittal to substantial danger of a new prosecution for the same offense. Rule 3.140(o) guides the trial court’s determination of whether the dismissal of the case before trial was appropriate: The statement of particulars shall specify as definitely as possible the place, date, and all other material facts of the crime charged that are specifically requested and are known to the prosecuting attorney. The court, on motion, shall order the prosecuting attorney to furnish a statement of particulars when the indictment or information on which the defendant is to be tried fails to inform the defendant of the particulars of the offense sufficiently to enable the defendant to prepare a defense. The rule for the “Statement of Particulars” found in Fla. a motion to dismiss under Rule 3.190(c).a motion for statement of particulars under Rule 3.140(n) or.To deal with these problems, Florida’s Rules of Criminal Procedure provided two pre-trial remedies: failing to provide adequate notice of the crime charged or possible penalties.failing to allege each essential element of the crime or.Problems with the charging document, sometimes called the “information,” include the following:
Immediately preceeding text appears at serial pages (289105) and (264279).Every person charged with a crime should be able to understand the charge pending against them. The provisions of this Rule 572 amended March 3, 2004, effective July 1, 2004, 34 Pa.B. 1477 (March 18, 2000).įinal Report explaining the Maamendments to paragraph (A) published with the Courts Order at 34 Pa.B. 3128 (July 6, 1996).įinal Report explaining the Mareorganization and renumbering of the rules published with the Courts Order at 30 Pa.B.
Rule 304 adopted Jand November 22, 1977, effective as to cases in which the indictment or information is filed on or after Januamended October 21, 1983, effective Januamended June 19, 1996, effective Jrenumbered Rule 572 and amended March 1, 2000, effective Apamended March 3, 2004, effective July 1, 2004.įinal Report explaining the Jamendments published with the Courts Order at 26 Pa.B. The traditional function of a Bill of particulars is to clarify the pleadings and to limit the evidence which can be offered to support the information. (D) When a motion for relief is made, the court may make such order as it deems necessary in the interests of justice. If further particulars are desired after an original bill of particulars has been furnished, a motion therefor may be made to the court within 5 days after the original bill is furnished. (C) Upon failure or refusal of the attorney for the Commonwealth to furnish a bill of particulars after service of a request, the defendant may make written motion for relief to the court within 7 days after such failure or refusal. (B) The request shall set forth the specific particulars sought by the defendant, and the reasons why the particulars are requested. The request shall promptly be filed and served as provided in Rule 576. (A) A request for a bill of particulars shall be served in writing by the defendant upon the attorney for the Commonwealth within 7 days following arraignment.