Christine Hernandez — Circuit Criminal F009

Christine Hernandez

• Division: Circuit Criminal
• Section: F009
• Court Location: Richard E. Gerstein Justice Bldg.
• Phone: (305) 548-5613
• Email: F009@jud11.flcourts.org
• Room: REG 223
• Judicial Assistant: Jacqueline Duarte

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DIVISION 09 INFORMATION AND PROCEDURES

1.  TIME CALENDAR BEGINS EACH DAY:  Calendar will begin at 9:30 a.m. Zoom ID# 943-9549-0681 in courtroom 2-8.

2.  PROCEDURES FOR PLACING MOTIONS ON CALENDAR:  Send a copy of the motion to chambers by email.  The JA will email the attorney's office with the date that the motion will be on the calendar.  The original motion must be filed with the Clerk's office.  Please make sure the opposing party has received a copy as well.

3.  METHOD OF PROVIDING COURTESY COPIES:  Courtesy copies may be provided by email.  NOTE:  The Clerk's office does not provide Judge Hernandez with copies of motions which Counsel submits through E-filing.  Please serve Division F009 so that Judge Hernandez may directly receive a copy. Email:  F009@jud11.flcourts.org

4.  POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS:

CONTINUANCES: Motions for Continuance may be made ore tenus at Sounding.

JAC MOTIONS:  Submit the Motion to have Defendant Declared Indigent for Costs along with supporting documentation, JAC's response, and a proposed order, to chambers.  If JAC does not request a hearing, the Court may enter the proposed order without a hearing after reviewing the documents.  If JAC requests a hearing, or if Judge Hernandez has concerns after reviewing the Motion and supporting documentation, the JA will contact the attorney and set a hearing.

STIPULATED or AGREED MOTIONS:  An order may be submitted to chambers as long as accompanied by a motion signed by both parties or an email or other proof indicating agreement of both parties.

NEBBIA MOTIONS:  Defense Counsel should first present the documentary proof to the State and inquire whether the State will stipulate the defendant has satisfied the Nebbia requirements.  If there is no stipulation, submit the documents to chambers and the JA will call the attorney's office with the date for the Nebbia hearing.  In most cases, the hearing will be set for the next business day if the documents are provided to Chambers before 2:45 p.m.

LIMINE MOTIONS:  Motions in Limine must be filed in writing five days before trial.  Failure to do so, absent good cause, is sufficient basis for the Court to deny the Motion.

SEAL AND EXPUNGE:  File the original with the Clerk's office and send a copy to chambers.  The JA will email the attorney's office with the date that the motion will be on calendar.

RETURN OF PROPERTY:  File the original with the Clerk's office and send a copy to chambers.  The JA will email the attorney's office with the date that the motion will be on calendar.  The motion will be scheduled at least two weeks later to give the State sufficient time to determine if it, or the arresting agency, has an objection.  It is the State's responsibility to determine whether the arresting agency has an objection to the granting of the motion.

ARTHUR HEARING:  Defense Counsel must first speak with assigned ASA to verify that the State will not agree to any pretrial release conditions.  If the parties cannot reach agreement, Defense Counsel may email the JA to request that the case be placed on calendar for status regarding bond.  At the status hearing, the Court will consult with the State and the Defense to specially set an Arthur Hearing.  Although neither party is required to file a motion, Judge Hernandez strongly encourages both sides to provide any videos, transcripts, evidence, etc., upon which the parties will rely at the Arthur Hearing at least 72 hours prior to the Hearing.  The more voluminous the materials, the earlier they should be provided to the Court.

INCREASE/REDUCE BOND:  File the original with the Clerk's office and email or hand deliver a copy to chambers.  Counsel should, at a minimum, attach a copy of the A-form and defendant's criminal history to the Motion, along with any other documents Counsel wants Judge Hernandez to consider in increasing or reducing bond.  The JA will email the attorney's office with the date that the motion will be on calendar.

TERMINAATE OR MODIFY PROBATION/CC:  A Motion to Modify or Terminate should include the Probation Officer's, the State Attorney's, and - if applicable - the victim's position on the motion.  If there is an objection, please include a copy of the original A Form and the defendant's criminal history.

SUPPRESSION MOTIONS:  File the original with the Clerk's office and send a copy to chambers.  Judge Hernandez's JA will place the case on calendar soon thereafter so the parties can select a special set date and time for the hearing.

5.  MISCELLANEOUS POLICIES AND PROCEDURES:

     a.  Judge Hernandez requires attorneys to adhere strictly to the Eleventh Judicial Circuit Standards of Professionalism Courtesy and Civility for South Florida, and the Florida Bar Ideals and Goals of Professionalism, as adopted by Administrative Order 2-14-01-A1 (available at http://goo.gl/QNc2j2).

     b.  If witnesses are not appearing for deposition, or the opposing party is not meeting its discovery obligations, it is Counsel's responsibility to bring the matter to the attention of the Court.  The Court may deny continuances in these circumstances if counsel has not filed Motions to Compel.

     c.  If you have case law, please provide it before the hearing.

• Bachelor of Arts, Fordham University 2002
• University of Miami Law, 2005
• Admitted to Florida Bar, 2005
• Circuit Court Judge, 2024