MOTION FOR BILL OF PARTICULARS FORM TRIAL

“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.A failure to furnish a copy shall not affect the validity of any subsequent proceeding against the defendant if he or she pleads to the indictment or information.” “Each person who has been indicted or informed against for an offense shall, on application to the clerk, be furnished a copy of the indictment or information and the endorsements thereon, at least 24 hours before being required to plead to the indictment or information if a copy has not been so furnished.“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.”.The process of requesting a statement or bill of particulars is codified in Florida Rule of Criminal Procedure 3.140.

MOTION FOR BILL OF PARTICULARS FORM TRIAL

Upon request, the state must provide specificity and clarification on the details of the alleged offense in order to minimize surprise at trial and ensure that the defendant’s constitutional rights are protected. Though an indictment is similar, it is issued by a grand jury after the prosecutor presents evidence to substantiate the charges.īut what happens when the charging document is not sufficient to clearly charge the defendant? In that situation, the defendant has the right to request a statement or bill of particulars. An information is a document filed by the State that charges the defendant with a crime and describes the basis for the offense and the arrest.

The document describing the charges generally is referred to as an information or an indictment.

Under Florida rules of criminal procedure, a defendant has the right to know of the charges against them with specificity.

Motion for bill of particulars form