§ Rule 4-3.8 Special responsibilities of a prosecutor

Codes > Florida Statutes > Rules Regulating > Chapter 4 : 4-3 Advocate > Rule 4-3.8

Rule 4-3.8. Special responsibilities of a prosecutor

    The prosecutor in a criminal case shall:

    (a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;

    (b) not seek to obtain from an unrepresented accused a waiver of important pre-trial rights such as a right to a preliminary hearing;

    (c) make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal.