- To obtain information on Felony or Misdemeanor cases you may search our online files. From the Clerk of Courts' website, click on Online Inquiry System at the top of the bar to your left.
- To review the information in person you may visit the Criminal Division between the hours of 8:30 AM - 5:00 PM.
- To review Felony files for years 2006 and older you must first order the files by calling the Criminal Division. They will instruct you as to when and where to review the cases. Misdemeanor cases are destroyed 5 years after the final action. Certain parts of the file may be available for viewing.
A Felony is any criminal offense that is punishable under Florida laws, or that would be punishable if committed in Florida, by death or imprisonment in a State correctional facility.
Felony charges include, but are not limited to murder, manslaughter, robbery, aggravated battery, aggravated child abuse, sexual battery, kidnapping, burglary, grand theft, battery on law enforcement officer, resisting arrest with violence, willful or aggravated fleeing and eluding a police officer, possession and/or sale of drugs, communication fraud, forgery, and passing worthless bank checks.
Felonies are classified into five categories, based on severity of the crime:
- Capital Felonies - punishable by death or life in prison
- Life Felonies - punishable by life in prison
- First Degree Felonies - punishable by up to 30 years in prison
- Second Degree Felonies - punishable by up to 15 years in prison
- Third Degree Felonies - punishable by up to 5 years in prison
A Misdemeanor is any offense that is punishable under Florida laws, or that would be punishable if committed in Florida, by imprisonment in the Local county jail.
Misdemeanor charges include, but are not limited to simple/domestic battery, criminal mischief, resist arrest without violence, possession of marijuana, prostitution, passing worthless bank checks, petit theft and possession of alcohol by a minor.
This is the first Court Hearing. An Arraignment is a hearing where the Defendant is advised of the formal charges filed by the State and allowed to enter a plea of Not Guilty, Nolo Contendere or Guilty. At the Arraignment, a Trial date and possibly a Status Conference date will be set.
If you have an Attorney, they may enter a written plea in your behalf and waive your appearance at the Arraignment. If not, you must appear. Be sure to check with your Attorney as to whether you must appear.
If you want a Public Defender to represent you and you qualify one will be appointed at this time.
A Bail Bond is a document which assures to the Court that a person charged with an offense will, if released from Jail, appear for future Court dates and remain in the jurisdiction of the Court.
There are two main types of bail bonds: Surety Bonds and Cash Bonds.
If a person is charged with violating the law and is taken into custody by law enforcement, that person will typically be held in Jail until they can see a Judge. The Judge will decide the amount and type of the Bond based on the severity of the charges and/or the prior record of the Defendant. It is also possible that the Judge may order the Defendant released without requiring a Bail Bond.
There are very specific charges that a Defendant may be able to bond out on without the necessity of seeing a Judge. One example of this is an arrest as the result of a bench warrant. The amount of the Bond may have been set at the time the Bench Warrant was signed by the Judge. Another example is those charges that have a Bond Schedule established.
A Surety Bond is a written guarantee by a Bonding Company ensuring the appearance of a Defendant for all future Court dates. The Bond is an independent agreement between the Defendant and the Bonding Company, requiring the Defendant to deposit with them a nonrefundable percentage (usually 10%) of the overall Bond amount. The Bonding Company is essentially providing the Court with an insurance policy that the Defendant will appear in Court and is then liable for the full amount of the Bond if the Defendant does not appear.
After the Case has been disposed by the Court the Surety Bond will be released and a Certificate of Discharge will be sent to the bonding company by the Clerk's Office.
If a Cash Bond is ordered by the Judge, the total amount of the Bond will have to be posted with the Jail before the Defendant will be released. If for any reason the Defendant fails to appear for Court, the Judge presiding over the Case may forfeit the Bond. The money will then be held in a special Forfeiture Fund pending any Orders issued by the Judge.
After the case has been disposed by the Court, the Cash Bond will be returned to the party who posted the Bond, less any fine amounts. Once the Judge releases the Bond, the Clerk's office will prepare a check for the remainder and mail it to the appropriate party.
Pursuant to Florida Statute 903.286, any Cash Bond posted on or after 07/01/2005 will be applied to any unpaid Court fees, Court costs, and Criminal penalties. It does not matter who posted the Bond for the Defendant. Any funds remaining after all of the above noted fees are paid will be refunded to the Depositor.
At your Arraignment, you will be asked if you can afford the services of an Attorney and have an opportunity to complete an Affidavit of Indigent Status form. The Judge will review your financial situation and then decide whether to appoint a Public Defender as your Attorney or instruct you to seek private counsel.
During the final disposition of your case, the Judge will determine whether or not you are required to pay a fixed amount for utilizing the services of the Public Defender. The Judge may order that a lien be entered against you to help pay for operating cost incurred by the Public Defender in preparing your defense. You must pay this lien and the application fee through the Clerk's Office.
If it is a Criminal Traffic case you may be given a Court date at the time your citation is issued.
If you have bonded out of jail or have been released by a Judge, you will be sent a Notice for Court by mail. All notices will be sent to the address that you provided when you were arrested.
If you are scheduled for Arraignment on a Misdemeanor or Traffic charge and you have not previously received a continuance, the Clerk's Office may be able to grant you a continuance of your Court date. A Court date may only be changed for certain reasons set by the Court such as a death in family or if you are in the hospital.
You must contact the Criminal Division to receive the continuance prior to the date and time of your scheduled Court appearance. You must provide proof of your circumstances and sign documentation reflecting the continuance and return it to our office. By accepting the continuance you are waiving your right to a speedy trial. You will be given the next available Court date and you must attend Court on that date or a bench warrant will be issued for your arrest.
It is your responsibility to keep this office informed of your correct current address. If your mailing address changes, you must submit your new address in person or by mail to the Criminal Division. Doing so will assure that you receive notice of your Court dates.
Please note: Submitting a change of address is very important, as failure to appear for your Court date could result in being re-arrested.
Unless you have made prior arrangements with the Court or your Attorney, failure to appear has serious consequences. A Judge may issue a warrant for your arrest. You may forfeit any Surety Bond or Cash Bond that you have posted, thus losing money or collateral.
If you are re-arrested you may be held in jail without bond or be required to go through the Bonding process again, for both the initial charge and the Failure to Appear charge.
You will most likely be placed on Probation for a period of time depending on your charge. You can make partial payments to the County Department of Corrections.
There will be a Cost of Supervision in addition to any fines or cost imposed by the Court. On a Misdemeanor, if you pay your fine with 24 hours of sentence your Probation can be terminated and you will not have supervision costs.
The Department of Corrections informs and educates inmates and offenders on community supervision about the restoration of civil rights and assists eligible inmates and offenders on community supervision with the completion of the application for the restoration of civil rights. For more information, visit the Florida Department of Corrections website.
A certified copy of the Applicant's information, indictment, judgment, or sentence will be furnished by the Clerk's Office Criminal Division to the applicant, free of charge pursuant to Section 940.04, Florida Statutes.
You can pick up an expungement package from the Criminal Division in the Clerk's Office. This documentation gives instructions and references Florida Statute 943.0585. As the Clerk's Office is not permitted to assist you in this process, please see the above Florida Statute or seek the advice of an attorney to answer any other questions.
All sessions of Court are open to the public, unless a particular Judge orders their Courtroom closed. Spectators are expected to dress and deport themselves properly while in attendance at any Court session.
