Jurisdiction Matters: Understanding Criminal Jurisdiction Issues in Florida

Territorial Jurisdiction – The Power of Place

General Rule

Territorial jurisdiction concerns Florida’s authority to prosecute an offense based on its connection to the state. Venue concerns the county where the case should be tried. For example, a shoplifting offense committed entirely in Miami-Dade County ordinarily should be tried there. Exceptions and court-ordered changes of venue can allow a case to be heard elsewhere.

Proving Territorial Jurisdiction

When the evidence raises a genuine dispute about whether the offense occurred within Florida’s territorial jurisdiction, the State must prove that jurisdiction beyond a reasonable doubt. Under Florida Statutes § 910.005, an offense occurs partly within Florida if conduct that is an element of the offense, or a result that is an element, occurs here. In homicide cases, the relevant result includes the physical contact causing death or the death itself. When a homicide victim’s body is found in Florida, the statute presumes the death occurred here.

High Seas Crimes

Crimes at sea require a separate jurisdiction analysis. Florida’s constitutional boundary extends three marine leagues, about nine nautical miles, into the Gulf. On the Atlantic side, the constitutional description refers to three geographic miles or the edge of the Gulf Stream, whichever is farther. Waters within Florida’s boundaries should not be described as outside the state.

Beyond those boundaries, Florida Statutes § 910.006 permits prosecution of certain shipboard offenses when specified connections to Florida exist and the statute’s other requirements are met. One ground covers acts of violence, detention, or depredation generally recognized as criminal when the victim is a Florida resident. A ship’s departure from or arrival at a Florida port does not alone establish jurisdiction. Our article on jurisdiction over crimes committed on cruise ships explains the overlapping roles of state, federal, and foreign authorities.

Subject Matter Jurisdiction – The Power of Offense

Florida’s circuit courts hear felony cases. County courts generally hear misdemeanors and violations of county or municipal ordinances. Circuit courts also hear misdemeanors arising from the same circumstances as a felony that is charged in the case.

A circuit court handling a felony case may also enter a conviction for a supported lesser included misdemeanor. For example, a prosecution for felony grand theft may result in a conviction for misdemeanor petit theft.

Since subject matter jurisdiction involves a court’s basic power, it can never be waived by a defendant failing to raise the issue. A conviction entered by a court lacking subject matter jurisdiction is void and can be vacated at any time.

Personal Jurisdiction – The Power of Process

Personal jurisdiction concerns the court’s authority over the accused person. An unlawful arrest does not, by itself, prevent the court from trying the defendant or invalidate a later conviction.

A defective arrest warrant or an arrest made without probable cause may support a motion to suppress evidence obtained through the violation. Whether suppression is warranted depends on the facts and the rules governing exclusion of evidence.

Appearing in court does not automatically waive every objection to an arrest or charging document. These issues must be raised through the proper motions within the applicable deadlines. A lawyer should review each potential challenge early in the case.

Venue vs. Jurisdiction

Finally, jurisdiction over a criminal case should not be confused with venue. Jurisdiction concerns the court’s fundamental power while venue relates to the proper location for trial within a jurisdiction.

For example, an armed robbery committed entirely in Daytona Beach ordinarily would be tried in Volusia County. If a fair and impartial trial cannot be held there, the court may order a change of venue to another county. Moving proceedings between courthouses in Daytona Beach and DeLand, both within Volusia County, does not illustrate that kind of change of venue.

Contact an Experienced Defense Lawyer

As Florida criminal defense attorneys know, untangling the complex strands of jurisdiction provides an opportunity to zealously defend our client’s rights from the very outset of a case. Thoroughly analyzing territorial, subject matter, and personal jurisdiction issues offers a chance to dismiss weak charges or strengthen our bargaining position during plea negotiations.

Understanding this crucial but intricate area of criminal procedure is an indispensable part of being an effective advocate. Never hesitate to contact my office for a jurisdictional case evaluation.

CALL US NOW for a CONFIDENTIAL INITIAL CONSULTATION at (305) 538-4545, or take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

*Due to the large number of people who contact our law office requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry promptly and appropriately.

Always review a lawyer’s qualifications and experience before choosing a criminal defense attorney for your Miami-Dade County case.