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. 27 M I D D L E D I S T R I C T O F F L O R I D A L O C A L R U L E S (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; the existence, absence, or content of a confession, (B) 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; the fact and circumstances of the arrest and a (B) 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. 28 M I D D L E D I S T R I C T O F F L O R I D A L O C A L R U L E S