CIRCUIT CRIMINAL DIVISION G PROCEDURES
Judge Robin F. Fuson
Judicial Assistant Meagann Jones
Division Email: FelonyDivG@fljud13.org
Scheduling: To Schedule a hearing, please email the JA at FelonyDivG@fljud13.org. You must have both Attorneys copied on the email. Please put the case number in the subject line and include the motion that needs to be heard and how long you need for the hearing.
Notices of Hearing: Contact JA by email copying all parties/counsel for dates. When date is agreed to and JA responds to email setting the date, you have 48 hours to file your Notice of Hearing. If the Notice of Hearing is not filed within 48 hours, the date will no longer be available.
Dispositions: A Dispo can be reset at anytime via email as long as it is agreed to by the State and Defense. If you cannot attend a disposition or find coverage by another attorney, the JA will provide new disposition dates.
Continuances: At any time an Attorney is not available on a set disposition date, the Attorney may email the JA with the State copied, and request new dates for disposition. For pretrial and trial dates, if the continuance is agreed to by the State, the Attorneys may email the JA with the State copied on the email and request either new trial dates or another disposition date.
Arraignments: Arraignments will be every other Wednesday on our trial week at 1:30pm IN PERSON. Attorneys: If there is a Notice of Appearance and Waiver of Arraignment filed, you and your client do not need to attend.
Pre-trials: ALL PRETRIAL HEARINGS SHALL BE IN PERSON. Pre-trials are held every other Tuesday at 8:30am on Dispo weeks. The Court recognizes the term “Pretrial Conference” as used in FRCP 3.180(a)(3) and 3.220(o)(1) to refer to any hearing held prior to a trial. However, this Court specifically uses the term “pretrial” to refer to the last hearing scheduled before a jury trial (as distinguished from disposition dates or motion hearings). The defendant’s personal presence at the pretrial hearing is vital because it gives the court the opportunity to conduct a colloquy regarding any plea offers from the State and make sure the defendant is aware of their minimum sentence based on his Criminal Punishment Code scoresheet, their statutory maximum sentence, and any other factors which would affect their exposure to prison and other sanctions. Without their presence, the Court cannot discern the defendant’s understanding of the potential penalties and ascertain that they are knowingly and voluntarily choosing to proceed to trial. Further, the Court uses the pretrial hearing to assess whether the parties are prepared for trial. The Court queries both parties about any outstanding motions, whether depositions still need to be taken, how many witnesses each side will present, and the number of jurors needed for the panel. The Court finds it is necessary for the defendant to personally participate in these proceedings as it is the last opportunity to resolve the case prior to trial and to ensure the defendant is aware of the status of the case.
Therefore, the Court finds attendance in person at a pretrial conference is a good cause finding and the Court can require the attendance of the defendant. Jimenez v. State, 201 So. 3d 214 (2nd DCA 2016).
Jury Selection: Felony Division G conducts Jury Selections on Mondays at 8:30am on Trial weeks.
Motions for Early Termination/Modification of Probation: Please fill out the form requesting termination/modification of probation and submit the motion to the Clerk’s Office. You must send a copy to the Judge to be reviewed. Only Motions to Modify Probation need a hearing date. Motions to Terminate will be reviewed in chambers and either an Order Granting or Denying will be mailed out to the Defendant. PLEASE ALLOW 2-3 WEEKS FOR DECISION FROM JUDGE.
Zoom Appearance Requests: Beginning July 1, 2024, Requests for Zoom Appearances will be allowed for Non-Evidentiary Hearings less than 30 minutes. Zoom hearings will not be conducted during our regular dockets. Zoom hearings will be conducted on the first Friday of our first Disposition Week of the month at 10am. Attorneys shall be appropriately dressed as well as their clients. Their clients’ presence may only be waived by written waiver previously filed with the Court. All names of Attorneys and clients must be displayed to be allowed in to the Zoom meeting. Attorneys shall have the word Attorney, Atty, Lawyer or Esq in their name displayed. All parties will be brought in from the waiting room one case at a time to cut down on confusion and background noise. Any party not ready when called will be removed and rescheduled for in person disposition hearings.
All Zoom Hearing requests must be in writing and filed with the Court. A courtesy copy shall be provided to the State Attorney’s Office as well as the division’s Judicial Assistant. The Zoom link will be provided via email upon granting the zoom request.