RESOLUTION 84-17680 RESOLUTION NO. 84-17680
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, REQUESTING THE
ADMINISTRATIVE JUDGE OF THE COUNTY COURTS
AND THE DADE STATE ATTORNEY ' S OFFICE TO SET
ALL MIAMI BEACH MISDEMEANOR CASES FOR TRIAL
SO THAT THE CITY ATTORNEY MAY COOPERATE WITH
THE STATE ATTORNEY AND COUNTY COURTS TO SEE
THAT JUSTICE IS SERVED.
WHEREAS, the City of Miami Beach consistently has the
highest incident of misdemeanor arrests; and
WHEREAS, in the first two months of 1984 there have
been four homicides in the City of Miami Beach, compared to two
such homicides during the same period in 1983 ; and
WHEREAS, one homicide was committed by a man who had
at least six misdemeanor arrests, and resulted in the loss to
the City of a valued Police Officer ; and
WHEREAS, at the time that misdemeanor defendants are
arraigned, neither the County Court Judge nor the State Attorney
has knowledge of the prior arrests or the disposition of such
arrests for purposes of sentencing the misdemeanant should a
guilty plea be entered; and
WHEREAS, many misdemeanants are not mentally competent
to stand trial and for that reason are set free; and
WHEREAS, the City of Miami Beach is desirous in
assisting the courts and the State Attorney to insure that
chronic misdemeanants or those persons who are a danger to
themselves or to society are afforded the appropriate
dispostion:
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COM-
MISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the County
Court Administrative Judge and the State Attorney be advised of
the above and are requested to not sentence misdemeanants at the
time of arraignment, regardless of whether such person plead
guilty, but instead set the case for trial, thereby allowing the
City Attorney, in conjunction with the State Attorney, to make
recommendations for appropriate disposition at the time of
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
trial, taking into consideration all of the facts, including
prior convictions. Additionally, this process would allow the
State Attorney, in concert with the City Attorney, to start a
process for commitment of such person if it is determined by a
court of competent jurisdiction that such persons are a danger
to themselves or to society.
FURTHER BE IT RESOLVED that the Administrative Judge
and the State Attorney is requested to meet with the City
Attorney in order to discuss the desires of this Commission.
PASSED AND ADOPTED this 14th day of March ,
1984 .
MAYOR
ATTEST:
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CITY CLERK
MLB:kt
3164C
FORM APPROVED
EPi
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
ORIGINAL
RESOLUTION NO. 84-17680
(Requesting the Administrative Judge of
the County Courts and the Dade State
Attorney's Office to set all Miami Beach
misdemeanor cases for trail so that the
City Attorney May cooperate with the
State Attorney and County Courts to see
that justice is served)