Legal Question in Criminal Law in Florida
How do you challenge subject matter jurisdiction in state circuit court,both before or during a trial,and after a case has been closed? What are the actual procedures?
Asked on 1/25/12, 7:55 am
2 Answers from Attorneys
Craig Epifanio
Craig Epifanio, P.A.
This is impossible to answer in this forum. Attorneys spend whole semesters discussing jurisdictional issues. You'd be best advised to hire an attorney to discuss the specifics of your case.
Answered on 1/25/12, 8:33 am
Burt Stutchin
Harris & Stutchin
In general, prior to trial, you would have to file a motion to dismiss for lack of jurisdiction accompanied by a memorandum of law in support of the motion. Since subject matter jurisdiction cannot be waived, lack of subject matter jurisdiction can be raised on appeal.
Answered on 1/25/12, 8:56 am
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