Police Department Policy

043 - COURT ACTIVITIES

Homestead Police Department

Policy Text
COURT ACTIVITIES EFFECTIVE DATE: 04/15/92 STANDARD NO. 043 REVISED: 08/10/17 REPLACES: SOP Court Activities 03-08.1-8 – Rev. 01/01/03; Rev. 08/02/11 OBJECTIVE: To provide procedures to ensure proper notification and appearances of employees at scheduled court hearings, depositions and trials. Additionally, it defines employee duties, responsibilities, and compensation with regard to participation in civil and criminal court procedures. POLICY: The Homestead Police Department (HPD) provides the following criteria for the handling of all situations involving court appearance and depositions affecting employees. SCOPE: All employees of this Department shall be governed by the procedures set forth below. I. DEFINITIONS: A. The following is the basic Criminal Judicial structure in Miami-Dade County. 1. Circuit Court: Criminal 2. Circuit Court: Juvenile 3. County Court: Tries all misdemeanors and has three (3) divisions: a. Criminal Division – Handles all misdemeanor hearings. b. Branch Division – Tries State non-jury misdemeanors and City of Homestead ordinance violations. c. Traffic Division – Tries all traffic cases. II. PROCEDURES: A. COURT ATTENDANCE: 1. The Term “Court”: a. The term “Court” shall mean Criminal, Civil, Traffic, Depositions (Public Defender, State Attorney), Juvenile Court, Federal Court, Civil Service Hearing, Pre-Trial Conference or any other legal proceedings. 2. Attendance Requirements: a. All employees of HPD will be present for all appearances for which they have been subpoenaed or otherwise notified by competent authority. Court Activities – SOP# 043 b. Standby subpoenas are valid for a two (2)-week period. 3. Attendance Record: a. All officers and employees of HPD, attending court or appearing for a deposition at any of the following locations shall log in an out via the E- Notify Kiosk: 1) State Attorney’s or Public Defender’s Office, whether on or off 3rd duty, the floor of the Metro Justice Building, 1351 NW 12 Street, Miami; 1st 2) Receptionist desk located on the floor of the State Attorney’s Office, 1350 NW 12th Avenue, Miami; 3) Receptionist desk located on the 1st floor of the Public Defender’s Office, 1320 NW 14th Street, Miami; 4) Miami-Dade Court Liaison Office on the 8th floor of the Children’s Courthouse, 155 NW 3rd Street, Miami; 5) Domestic Violence Court, 175 NW 1st Street, Miami, on the 1st floor of the Miami-Dade Police Department Court Liaison Office. 6) South Dade Government Center, 10710 SW 211 Street, Miami, on the 1st floor of the Miami-Dade Police Department Court Liaison Office. b. Any other appearances received through E-Notify where there is no Kiosk available, the officer may log in on his laptop/computer. 4. Attendance During Vacations, Suspensions, Illness and Other Authorized Time Off: a. Officers scheduled for court or court-related business during vacation shall be responsible for notifying the court of their inability to attend as soon as possible and a minimum of 24 hours prior to the scheduled court appearance. However, if the officer is unable to make contact with the appropriate court official, the officer shall then notify his/her immediate supervisor. b. Officers scheduled for court or court-related business during an illness shall be responsible for notifying the court of their inability to attend at least 30 minutes prior to the scheduled court appearance. c. Officers not on regular duty, due to suspension, injury, extended illness or any other reason, shall appear at all court sessions in which they are involved unless physically unable. d. Officers that are not able to attend a court appearance due to vacation, illness, suspension, or injury are responsible for notifying the appropriate court official, documenting such contact, along with the date and time. Court Activities – SOP# 043 5. Rescheduling of Court:

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