Frequently Asked Questions
What services does the Public Defender’s Office provide?
We represent people charged with a crime including traffic, misdemeanor, felony, capital crimes, and violations of probation. We also represent people who have been committed in a Baker Act proceeding. We do not handle sealing or expungement, civil cases or immigration issues.
How do I get a Public Defender appointed to represent me?
You need to fill out an Affidavit of Insolvency which you get form the Clerk of Court. Once you have filled that out, it must be sworn to and turned back in to the clerk’s office to see if you qualify for our services. If you are in jail, an Affidavit of Insolvency will be provided to you before Initial Appearance. If you make a false statement on the Affidavit of Insolvency, the State may decide to prosecute so please make sure to fill it out completely and honestly.
Will I be represented by a “real” lawyer?
Yes, all of our attorneys are members of the Florida Bar and have a license to practice law in Florida. They have all attended law school and passed the Bar Exam.
What do the different court dates mean?
Initial Appearance – this court date is within 24 hours of arrest. It is an opportunity to hear what the arrest was for and for the Judge to set a bond if one has not already been set.
Arraignment – this court date is normally within 30 to 60 days after arrest. It is held after formal charges have been filed by the State Attorney. It is an opportunity to hear the formal charges against you and to receive new court dates. If you are in jail, your attorney will waive you appearance at arraignment. If you are not in jail, you should contact your attorney to see if they are waiving your appearance at arraignment. The Judge will not listen to argument at this stage of the proceedings. Therefore in most cases, as plea of not guilty is entered.
Case Management – this court date is an opportunity for the attorneys and the Judge to discuss the case and potentially get a plea offer. Your appearance may be waived but please speak with your attorney about that.
Pre Trial Conference – This is an opportunity for the attorneys to tell the Judge if they are ready for trial, need a continuance, or if the case will plea. Your appearance may be waived but please speak with your attorney about that.
Trial – the trial date. Normally a lot of cases are set for trial on the same day and Judge will set the order of trials that day. You MUST show up for your trial.
What happens if I miss court?
If you miss a court date, it is considered to be a “failure to appear”. At that point the Judge will likely issue a warrant for your arrest and will either set a bond or set it at no bond. If you miss a court date, you waive your right to speedy trial. If you are having an emergency and are afraid you may miss court, please contact your attorney as soon as possible to that we can try to avoid having a warrant issued for your arrest.
How will I get my discovery?
The decision to participate in discovery is a serious one that should be discussed with your attorney (which is why it is important to speak with your attorney early in the case). If you decide to participate in discovery, your attorney will file a motion and discovery will be sent to our office electronically. If you want a copy of your discovery please request one from your attorney. Please do not share your discovery with anyone as it can cause others to learn facts about your case and potentially lead to “snitching” against you. If you choose not to participate in discovery, the case will proceed.
Can I file my own motions?
No, if you are represented by an attorney, you cannot file your own motions. If you try to file on your own, a copy will be sent to the judge, the State and your attorney and the motion will not be considered because it would have to be filed by your attorney.
Can I write to the judge?
We advise against writing to the Judge. First it is considered ex parte communication which is not allowed. Second, a copy of anything sent to the Judge is given to the state attorney and your attorney. It is not a good idea to write to the state attorney. Anything you write can be used against you down the line.
How does jail visitation and phone calls work?
All calls and video visitations are recorded (except for calls made directly to your attorney and visits with your attorney). This means that every time a call is placed to a family member or friend it is recorded. Every time a video visit happens with family or friends, it is recorded. Please do not discuss the case with anyone other than your attorney. We have seen many cases where the jail calls and visits have been used against our clients at trial.
What happens if I am out of jail and get picked back up on a new charge?
If you get arrested on a new charge or placed back in jail for any reason please contact the original attorney on your case as soon as possible so they know you are in jail and can contact you.
What happens if I do not like the result of my case?
If you enter a plea, you cannot appeal, you can only move to withdraw your plea. However you need to have legal grounds to withdraw your plea, such as you did not understand, someone forced you to enter it, etc... and your request to withdraw must be filed within 30 days. If you go to trial, and are not happy with the result, we can file an appeal but you need to let your attorney know as soon as possible because we need to be appointed and file the notice of appeal within 30 days of your sentence. Please keep in mind that an appeal does not review the actual facts of your case. An appeal is to decide if the Judge made a wrong legal decision in your case.
What do I do if I am on Probation?
We do advise that you keep a folder with all receipts and records from probation in case you should ever need them at a later date.