Was it a "statewide" prosecutor? In my area we call them District Attorneys. They each prosecute in a specific county.
I know they are called State Attorneys in Florida but I think it's the same premise, just with a different title. I mean....do they all travel around the state in Florida or do they work in one jurisdiction the way the DA's do in my state?
I have court documents from county court, but each document is headed "State of...." and then lists the circuit court by county name. It's the same no matter what kind of court document.
Sorry for the questions, I've just never heard of a prosecutor that goes all over the state, and I really don't think they do that, not even in Florida.
If the "state attorney" does not have jurisdiction, who does?
In Florida, the state attorney has jurisdiction within a particular circuit. For instance, the seventh circuit includes Putnam, Flagler, Volusia, and St. Johns. The "statewide prosecutor" or Office of Statewide Prosecution" can prosecute cases in any circuit, but to establish jurisdictional authority, the cases must involve violations in two or more circuits.
The Office of Statewide Prosecution (OSP) was created by Floridas voters in 1986 to counter the expanse of crime in our state. Criminal organizations need to be addressed by a group that can provide proactive partnership to law enforcement from initial tip through verdict and not be frustrated by geographic, judicial boundaries.
http://myfloridalegal.com/swp
Ron's claim is that his charges were restricted to only one circuit, so therefore, the OSP did not have jurisdictional authority. Hope that makes sense.
[SIZE=-1]2010 Florida Statutes
Title IV Executive Branch
[/SIZE]Chapter 16 Attorney General
16.56[SIZE=-1] Office of Statewide Prosecution.
(snipped)
[/SIZE](1) There is created in the Department of Legal Affairs an Office of statewide Prosecution. The office shall be a separate budget entity as that term is defined in chapter 216. The office may:(a) Investigate and prosecute the offenses of:
1. Bribery, burglary, criminal usury, extortion, gambling, kidnapping, larceny, murder, prostitution, perjury, robbery, carjacking, and home-invasion robbery;
2. Any crime involving narcotic or other dangerous drugs;
(snipped)
(3) The statewide prosecutor may conduct hearings at any place in the state; summon and examine witnesses; require the production of physical evidence; sign informations, indictments, and other official documents; confer immunity; move the court to reduce the sentence of a person convicted of drug trafficking who provides substantial assistance; attend to and serve as the legal adviser to the statewide grand jury; and exercise such other powers as by law are granted to state attorneys. The statewide prosecutor may designate one or more assistants to exercise any such powers...
http://www.leg.state.fl.us/statutes...utor&URL=0000-0099/0016/Sections/0016.56.html
That's the bare statute and it appears to give the OSP free rein. Ron's motion invokes case law where higher courts have further defined the OSP's authority adding limitations. (I haven't read the cases yet.)