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Local Rule 3.11 (USFLMD) Download

RULE 3.11 | DISCLOSURE IN A CRIMINAL ACTION

(a) GENERAL RULE. Before judgment in, or dismissal of, a criminal action, a lawyer or law enforcement agent directly or through a surrogate must not extrajudicially and publicly disclose information about the action if the disclosure will interfere with a fair trial or otherwise prejudice the administration of justice.
(b) EXAMPLES.
(1) A lawyer or law enforcement agent directly or through a surrogate must not extrajudicially and publicly disclose:
(A) the defendant’s criminal record or information about the defendant’s character or reputation except, if the defendant remains at large, information necessary to aid in apprehension or to warn the public;
(B) the existence, absence, or content of a confession, admission, or statement by the defendant;
(C) the defendant’s performance on, or failure to submit to, a mental, physical, or other assessment;
(D) a witness’s identity, testimony, or credibility unless the witness is a victim and the disclosure is lawful and ethical;
(E) the possibility of a guilty plea; or
(F) an opinion about the guilt of the defendant or the merit of the action.

(2) A lawyer or law enforcement agent directly or through a surrogate may request assistance and may extrajudicially and publicly disclose:
(A) the defendant’s name, age, residence, occupation, and family status;
(B) the fact and circumstances of the arrest and a description of evidence seized;
(C) the substance of the charge;
(D) a public record;
(E) the status of the action; and
(F) the defendant’s denial of the charge.


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