Legal Question in Criminal Law in Florida

Re: Fla Rule Crim Proc 3.140(g)

Some jurisdictions are more strict about the rule than others. Some jurisdictions actually require witnesses to come into the State Attorney's Office and swear that an offense has occurred. In other jurisdictions, the police officer is supposed to talk to the witnesses, thereby becoming a "material witness" (stretching the term a bit), then file an affidavit with the report to the State Attorney's Office.

If one of these things doesn't happen, the remedy isn't to file perjury against the prosecutor, the remedy is to file a motion to dismiss the information before entering a plea of not guilty, guilty, or no contest. If a plea gets entered, the right to dismiss is waived.

Even if the information were dismissed, though, nothing says the prosecutor couldn't just get sworn testimony, then refile the information.

I've never seen a case dismissed under Rule 3.140(g), and you can see why. The rule is something of a right without a remedy. And that's probably the way it should be. If cases were thrown out under this rule, wouldn't we really just have defendants getting off on a technicality?