How Long Does It Take to Seal or Expunge a Criminal Record in Florida?

Update: Effective October 1, 2019, the rules in Florida to seal or expunge a record just changed. Out of state convictions no longer matter. As a result, FDLE might start taking less time to process the applications. 

According to the FDLE website, as of July 17, 2020, FDLE is processing February 2020 applications which is a five-month delay. That delay is down slightly from the 6 month average delay experienced for most of 2019. 

During the COVID-19 public health crisis, FDLE's Seal and Expunge section still requires fingerprints from a law enforcement agency even through these agencies have significantly reduced fingerprinting services throughout Florida.

Read more about Florida's new rules to seal or expunge a criminal record. 

If you want the process to go as quickly as possible, hire an experienced attorney at Sammis Law Firm. Call 813-2500.

Under the old rules, the process to seal or expunge a criminal history record took about 9 months from start to finish. Under the new rules, it is taking five months or less for FDLE to issue the certificate of eligibility. 

This article explains why it takes so long to seal or expunge a record. If someone tells you that your record can be sealed or expunged in less time, ask for that promise in writing with a money-back guarantee because it simply can't be done.

The sooner you start the process the sooner it will be completed. But there is no way to jump to the front of FDLE's line to get the certificate of eligibility issued. FDLE will process the applications in the order in which they receive it as explained below.

By hiring an attorney you can make sure each step is done correctly and as soon as possible. When you come to our office, it takes about one hour for us to complete all of the paperwork while you get your fingerprints taken.

The attorneys at Sammis Law Firm in Tampa, FL, take seal and expunge cases throughout the State of Florida. We charge a flat fee of $950 which includes all of the standard fees and costs. 

Included within this price is our promise to contact all of the data-mining companies like mugshot[dot]com and arrests[dot]com to demand that they remove your mug shot from their website. Because we process so many of these requests, we can save you a lot of stress, aggravation, and money when trying to get the mugshot off the internet.

Never pay these data mining companies money to remove the mug shot. Instead, get the record sealed or expunged and make sure the attorney you hire is willing and able to make the demand on your behalf.

Some judges require a hearing before they will sign the order to seal or expunge the record. If a hearing is required in your case, we will attend the hearing for you.

If you are eligible to seal or expunge your criminal record, then contact us to get the process started today. We know how important it is to get it done as quickly as possible. 

Call 813-250-0500 for more information.

Expunging a Criminal Record in Florida

After determining that you are eligible to move forward with expunging your record, the first step in the process is completing the Florida Department of Law Enforcement Application for Certification of Eligibility. We will help you fill out this form so that it is done correctly.

Section A of this application will need to be completed and you must sign the form in the presence of a notary. You can complete this step at our office or we can send you the forms so that you can get it notarized yourself. 

If you come into our office, we will prepare these documents for your signature while you take the fingerprint card to a local law enforcement agency to get the fingerprints taken. The Tampa Police Department is only a few blocks from our office. By the time you get back to our office, all of the other paperwork will be ready for your signature.

Section A of Application

Once Section A has been completed (and while we are obtaining the necessary paperwork and the client is working on getting their fingerprints taken) we then provide the signed application to the State Attorney’s Office for their review and consideration. 

This part of the process provides the State Attorney’s Office with an opportunity to review the application and confirm that the applicant is eligible to expunge the charge or charges listed on the application. 

The normal turn around time for this part of the process takes between five to fifteen business days to complete depending on which State Attorney's Office is handling the request.

Section B of Application

 

Once your application is returned from the State Attorney’s Office, we check it carefully to make sure that the State Attorney's Office correctly completed Section B.

Common errors committed by the State Attorney's Office include not listing all charges that are eligible to be expunged or listing the wrong reasons for approval or denial. 

Once the application has been reviewed, the next part of the process is to prepare and provide the

Florida Department of Law Enforcement with the required documentation.

This documentation that must be sent to FDLE includes:

• The completed application (with Section A and Section B completed);
• The completed fingerprint card; 
• A certified copy of the final disposition;
• A check or money in the amount of $75.00 for the application fee (which we pay out of our $950 fee); 
• A pre-postage paid envelope for the return of your Certificate of Eligibility once processed. 

The seal and expunge attorneys at Sammis Law Firm in Tampa, FL, send these documents via Certified Mail so that we have confirmation that it was received.

This part of the process takes the longest as the turn around time is approximately 5-8 months (from the time the documents are sent to FDLE until the time the certificate of eligibility is returned).

FDLE Takes 5-8 Months to Process the Application

Waiting for FDLE to process your information and provide you with a response can be stressful. No one wants to wait 5-8 months to learn that they are not eligible or that they need to provide additional documentation. An attorney can help you make sure that you are eligible and that everything is done correctly so that there are no further delays in the process.

You can also check the status of the application by checking FDLE’s website to confirm the month being processed. 

For example, if you received confirmation that your documents were received by FDLE in June you can check their website to see what month they are currently processing.

This information can be found at http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home.aspx.

This article was written on November 22, 2017, and as of today, the FDLE says that it is processing applications from June of 2017. This tells you that it takes at least 5 months just for FDLE to process your application.

If your application was received by FDLE in June and the FDLE website tells you that June applications are being processed, then you can expect to receive your Certificate of Eligibility back within 30 days (assuming all eligibility requirements have been met). 

Once processed, FDLE will provide you or your attorney with a Certificate of Eligibility which includes the charge/charges you are eligible to expunge. There will also be an 8-digit Identification Number listed in the bottom left-hand corner of the page that will need to be provided to the County Clerk’s Office (for the charge or charges you wish to expunge).

Complete the Affidavit to Seal or Expunge

The next part of the process is to complete the Affidavit. The affidavit needs to be notarized and the original will need to be provided to the Court. Once we receive an applicant’s Certificate of Eligibility back from FDLE we will then provide them with the Affidavit. 

While the applicant is completing the Affidavit, the cost amount will need to be obtained from the County Clerk’s Office. For seal and expunge cases in Hillsborough County, your attorney will contact the Expungement and Sealing Unit (ESU) of the Hillsborough County Clerk of the Circuit Court by calling 813-276-8100 ext. 3800. The clerk needs to know the case name, case number, and the FDLE Certificate Number before the costs can be calculated.

Each county in Florida has their own process for obtaining information about the costs for expunging your case. In Hillsborough County, the ESU clerk normally provides us with the cost information within 24-48 hours.

Prepare the Petition to Expunge and Proposed Order

Once costs have been received and the original Affidavit has been completed, it is now time to prepare and Petition to Expunge and the proposed Order. Once drafted, the Petition, proposed Order, original Affidavit, and original FDLE Certificate will need to be provided to the County Clerk’s Office, with a check or money order for the costs, for filing and for the Judge’s consideration.

Once the above documents have been provided to the Judge it normally takes about 2-6 weeks to receive the signed Order Expunging Criminal Record back. The interested parties listed on the order will also receive a copy, once signed by the Judge.

The interested parties include:

• You (or your attorney’s office if you are represented by counsel); 
• The State Attorney’s Office for the appropriate county where the arrest or prosecution occurred;
• The Florida Department of Law Enforcement;
• Any Arresting Agency;
• I.D. Section for Sheriff’s Office (this division handles the mugshots).

It is important to remember to serve each of the above with a copy of your Petition, proposed Order, FDLE Certificate, and Affidavit as well as making sure they are listed to receive a copy of the signed Order once signed by the Judge.

Once the interested parties receive a signed copy of the Order, they will begin their office’s procedure for removing your information from their databases. For example, your docket information will be removed by the Clerk once the signed Order is received. Your mugshot will be removed from the Arrest Inquiry once your signed Order is received. Once expunged, this information is no longer a public record.

We suggest that if you need any documentation related to your case that you obtain it while the process is being completed. Once completed, you will no longer be able to access any information related to your case unless you Petition the Court to reopen it.

In order words, before the case is sealed or expunged, be sure to get a certified copy of your final disposition and any other records in the file so you can save them in case you need that documentation in the future. We can obtain these documents for you.

Getting Your Mug Shot Off the Internet

Here at the Sammis Law Firm, our attorneys demand the removal of your arrest/case information from third party sites once your case has been expunged. We ask our clients to provide our office with a list of any and all URL website links for sites that have posted your arrest information.

We tell our clients to wait and not pay these sites for the removal of their information because we can typically get the mugshots taken down at no additional cost to you after the seal or expunge order is signed. 

Although we cannot guarantee the removal of the information from these third-party data mining companies, we have become pretty good at getting them to remove the record, usually within a matter of weeks. 

How Long Does it Take to Seal a Record in Florida? 

The process to seal a criminal history record is very similar to the expunction process. Unlike expungements, when you seal the record your application is not provided to the State Attorney’s Office for their review and consideration.

Instead, the next part of the process is to prepare and provide the Florida Department of Law Enforcement with the required documentation. For this reason, sealing a record takes slightly less time then expunging a record.

It is also important to remember that once your case has been sealed for a period of 10 years, you can then complete the expungement process to have your case expunged. For example, if the Judge signed the Order Sealing Criminal Record on November 22, 2017, then you can then begin the expungement process to expunge your previously sealed case on November 22, 2027.

Because a sealed record is very similar to an expunged record for all practical purposes, most people with a sealed record don't bother to expunge it after 10 years. But at least you know that this opportunity is available under Florida law.

Do I Need an Attorney to Seal or Expunge My Criminal Record?

Do you need a lawyer to seal or expunge your criminal record in Florida? No, you do not need an attorney to seal expunge your record. You can do it yourself if you want to avoid paying attorney fees (although the cost would remain the same). 

Many of the people that hire us, start off trying to do it themselves only to realize they needed an attorney’s help after losing valuable time. This article explains the process and the benefits of having an attorney help you at every stage of the case.

The benefits of hiring an attorney to seal or expunge a criminal record include making sure:

• you are eligible to seal or expunge the record in the first place;
• all related cases are sealed or expunged so that nothing is missed (especially when a second case might have a different case number but be part of the same incident);
• the paperwork is filled out correctly so that no additional delay occurs;
• all of the agencies that need to seal or expunge the record receive and process the order correctly; and
• data mining companies take down your mug shot off the internet after the seal or expunge is completed.

Conclusion - Finding a Tampa Attorney to Seal or Expunge the Record

If you need to seal or expunge a record in Tampa, FL, or Hillsborough County, or anywhere in the State of Florida, then contact an attorney at the Sammis Law Firm.

We know you need it done quickly and correctly. Let us put our experience to work for you. We can start the process today.

Call 813-250-0500 to get started.

Misdemeanor Veterans Treatment Court in Hillsborough County, FL

When a veteran with military service-related illness or injuries is charged with a misdemeanor, special considerations apply. In many of these cases, the veteran is eligible for services through the Veterans Administration that might address the underlying conduct that lead to the allegations.

By funneling those cases into a special division, the cases can be handled more effectively and efficiently. The stated goal of Veterans Court is creating a "coordinated strategy of treatment specific to the needs of the veteran and modeled after principles of therapeutic jurisprudence."

To carry out this purpose, Judge Richard Weis has been selected for the new Misdemeanor Veterans Treatment Court in Tampa, Hillsborough County, FL.

UPDATE: Starting January 1, 2015, all cases pending in County Court Criminal Division "V" are being transferred to Circuit Criminal Division "V." Judge Gregory P. Holder was selected to preside over the new division which will include both misdemeanor and felony cases. Read more about Hillsborough County's Veterans Treatment Court. 

The Administrative Order Establishing Veterans Court

The administrative order setting out the rules for the Misdemeanor Veterans Treatment Court was signed on August 12, 2013. Administrative Order S-2013-054, which created County Criminal Division "V" becomes effective on October 1, 2013.

The original administrative order was filed with Pat Frank, Clerk of the Court, and copies were sent to all of the Criminal Division Judges, the Veterans Administration (VA),  Mark Ober, State Attorney for the Thirteenth Judicial Circuit and Julianne Holt, Public Defender for the Thirteenth Judicial Circuit.

The Purpose of Veterans Court

The purpose of Veterans Court is spelled out in the administrative order: 

It is necessary and appropriate to create a new subdivision of the County Criminal Division to focus on individuals charged with misdemeanor offenses who are veterans suffering from a military service-related mental illness, traumatic brain injury, substance abuse disorder, or psychological problem. 

This specialized Misdemeanor Veterans Treatment Court division will enable consideration of the unique nature of the issues related to veterans, the need for appropriate treatment in an environment conducive to wellness, as well as the continuing necessity to ensure the protection of the public.

The Misdemeanor Veterans Treatment Court (Veterans Court) will authorize a judge to expeditiously and efficiently divert veterans with service-related issues into available veteran treatment programs without compromising the safety of the public. 

This specialized court will increase the efficiency of the county criminal  court system and permit access to state, local and federal services and resources by utilizing Veterans Administration and Veteran Mentor Volunteer resources and support systems.

Eligibility to Participate in Veterans Court

Under section two of the administrative order, in order to participate in the Veterans Court, a defendant must meet the following four criteria:

1. Voluntary Participation

The defendant must voluntarily agree to participation in the the Misdemeanor Veterans Treatment Court for Hillsborough County, FL. 

2. Discharge and Condition

The defendant must be a veteran discharged with honorable conditions who suffers from a military service-related mental illness, traumatic brain injury, substance abuse disorder, or psychological problem.

3. Veterans Administration Services Eligibility

The defendant must be eligible to receive services for evaluation and treatment planning through the Veterans Administration and Veteran Mentor Volunteer resources and support systems, or other available court-approved state, local or federal resources.

4. Offense Charged

The defendant must be charged with a misdemeanor offense, county ordinance violation or municipal ordinance violation enumerated below. 

If the defendant has multiple pending charges and all of the charges are on the list of enumerated offenses, the defendant remains eligible to participate on all pending charges. 

If the defendant is charged with a non-DUI criminal traffic offense in addition to the enumerated offense, the companion criminal traffic charge may also be included in the Veterans Court. 

If the defendant is charged with a violation of a  City of Tampa criminal ordinance that is ancillary to an enumerated state statute violation, the companion ordinance violation may also be included in the Veterans Court. 

What are the enumerated offenses? 

The enumerated offenses include misdemeanors under the Florida Statutes, Hillsborough County Ordinance Violations, City of Plant City Ordinance Violations, City of Temple Terrace Ordinance Violations and any other offense approved by the State Attorney's Office.

The State Attorney's Office also has the discretion of dropping felony charges down to misdemeanor charges so that the defendant will be eligible to participate in the program.

State Statute Misdemeanor Offenses

Statute               Offense
365.172(13)      False 911 call
562.11               Possession of alcohol by a person under 21 years of age
810.08              Trespass in structure or conveyance (not occurring at a private residene, unless the                  residence is vacant)
810.09              Trespass on property other than structure or conveyance (not occuring at a private residence unless the residence is vacant);
843.02              Resisting an officer without violence;
843.03              Obstruction by a disguised person;
856.011            Disorderly intoxication
877.03              Disorderly conduct
893.13(6)(b)     Possession of cannabis (often called "marijuana");
893.145            Possession of drug paraphernalia;
901.36(1)         False name to law enforcement officer
________        Any other criminal offense approved by the State Attorney's Office in Tampa or Plant City, FL.

Hillsborough County Ordinance Violations

Ordinance Violation
84-16 sec. 6 Failure to vacate a condemned structure
92-7 Public consumption of alcohol
00-34 Unlawful distribution of handbills
27-34                Unlawful plant removal
08-17                Crimes involving county parks
11-2                  Solicitation on public road
______             Any other county ordinance violation approved by the State Attorney's Office in and for Hillsborough County, FL

City of Plant City Ordinance Violations

Ordinance Violation
90-04                Unauthorized entry into city park
10-2                  Alcohol beverages in public areas
10-96                Consuming alcoholic beverages in prohibited area
50-2                  Prohibited camping
50-3                  Remaining in city park
____                 Any other ordinance violation approved by the State Attorney's Office for the Fourtheen Judicial Circuit normally prosecuted in the Plant City, Courthouse.

City of Temple Terrace Ordinance Violations

Ordinance Violation
3.335                   Open container violation
____                    Any other violation of the City of Temple Terrace Ordinances approved by the State Attorney's Office

How are cases referred into the Misdemeanor Veterans Treatment Court?

The administrative order provides for the referral of cases into the Misdemeanor Veterans Treatment Court.

If a defendant appears for arraignment or disposition on eligible charges, and  appears to be a veteran eligible for the Veterans Court, the defendant will be given a new disposition date within the originating division within 20 days. 

Prior to the disposition date, the defendant must be assessed by the Veterans Administration Criminal Justice Outreach Liaison to determine whether the defendant is a veteran who was discharged under honorable conditions, and if so, whether the defendant is eligible for treatment planning with the Veterans Administration or alternative community resources. 

If the defendant is not eligible, the case will remain in the originating division and proceed through the criminal justice system. 

If the defendant is eligible and wishes to participate in the Veterans Court, the defendant must waive speedy trial. The assistant state attorney will announce that the file is being transferred for participation in the Veterans Court. The originating division judge will order the case transferred to Veterans Court, Division "V," and order the case set on the next Veterans Court docket. 

A felony charge which has been reduced to an eligible misdemeanor charge may also be transferred to Veterans Court.

What happens in the misdemeanor Veterans Treatment Court for Hillsborough County, FL?

The administrative order provides for certain general procedures including:

Once a defendant has been transferred to Veterans Court, the defendant is required to attend court hearings as set by the assigned Veterans Court judge. 

The defendant must participate in continued assessment and treatment and engage in discharge planning. 

Neither the Office of the State Attorney nor the Office of the Public Defender will be required to attend hearings set in Veterans Court. 

If the court determines that the defendant should be unsuccessfully discharged from Veterans Court, the court will enter an order transferring the case(s) back to the originating division and setting the defendant on a disposition docket in that division. 

Copies of the transfer order must be provided to the defendant, the Office of the State Attorney and the Office of the Public Defender, or other counsel of record (all parties). 

If the court determines that the defendant has successfully completed Veterans Court, the court will issue an Order of Administrative Dismissal of the pending charges. 

Copies of the dismissal order will be provided to all parties. A defendant will not be required to participate in the Veterans Court any longer than 12 months.

What happens if the participant is arrested for a new misdemeanor charge or ordinance violation?

The consequences to the participant if he is arrested for a new misdemeanor charge or ordinance violation depend on whether the new misdemeanor charge is on the enumerated list or not.

i. Enumerated Charge or Violation

If a defendant is arrested for a new enumerated misdemeanor charge or ordinance violation (i.e., section 2B of this administrative order) while participating in Veterans Court, the Veterans Court judge will determine whether or not the defendant remains amenable for treatment and should be allowed to continue to participate in the program. 

If so, and the defendant agrees, the new charge will be transferred in the same manner provided for in section 3 of this administrative order. If the Veterans Court judge determines that the defendant should not remain in the program, the defendant will be unsuccessfully discharged by the court entering an order transferring the case(s) back to the originating division and setting the defendant on a disposition docket in that division. Copies of the unsuccessful discharge transfer order will be provided to all parties.

ii. Non-Enumerated Charge

If a defendant is arrested for a new non-enumerated misdemeanor charge or ordinance violation (i.e., not listed in section 2B of this administrative order) while participating in Veterans Court, the Office of the State Attorney will review the new case to determine if it should also be referred to Veterans Court. 

The Veterans Court judge will also determine whether or not the defendant remains amenable for treatment and should be allowed to continue to participate in Veterans Court. If both the Office of the State Attorney and the Veterans Court judge agree to allow the defendant to remain in Veterans Court, and the defendant agrees, the new charge will be transferred in the same manner provided for in section 3 of this administrative order. 

If the Office of the State Attorney or the Veterans Court judge determines that the defendant should not remain in Veterans Court, the defendant will be unsuccessfully discharged by the court entering an order  transferring the case( s) back to the originating division and setting the defendant on a disposition docket in that division. Copies of the transfer order will be provided to all parties.

C. New Felony Arrest

If a defendant is arrested for a new felony charge while participating in Veterans Court, the Office of the State Attorney will determine whether the new felony charge is one which may be considered for reduction to a misdemeanor and eligible for the defendant to continue participating in Veterans Court. 

If the Office of the State Attorney reduces the felony charge to an eligible misdemeanor charge and the presiding judge of Veterans Court agrees to allow the defendant to  continue participating in Veterans Court, then the felony charge which has been reduced to an eligible misdemeanor charge will be transferred to Veterans Court.

If the defendant is arrested for a new felony charge while participating in Veterans Court, and the Office of the State Attorney does not reduce the charge to an eligible misdemeanor charge, the defendant will be unsuccessfully discharged from Veterans Court by the presiding judge entering an order transferring the case(s) back to the originating division and setting the defendant on a disposition docket in that division. Copies of the transfer order will be provided to all parties.

The Records in Veterans Court Should Remain Confidential

The administrative order provides that the treatment records for the participants should remain confidential.

Patient treatment records are deemed confidential as provided by Florida law and generally must not be filed in the court file. If it is necessary that a treatment record or report or any portion of a treatment record or report be filed with the Clerk of Court for placement in the court file of a defendant in Veterans Court, the filer must also file a "Motion to Determine Confidentiality of Court Records" in accordance with Florida Rule of Judicial Administration 2.420. The court will enter any appropriate order in accordance with Rule 2.420.

Conclusion

By recognizing the unique challenges for veterans with military service-related mental illness or physical injury, the Veterans Court promises better solutions for complicated problems.

Failure to Appear Warrant in Tampa, Hillsborough County, FL

COVID-19 Update: 

Since the COVID-19 crisis began in March of 2020, even more people are accidentally missing court dates in felony and misdemeanor cases. A system that was terrible before the pandemic has gotten even worse now. 

This article explains the terrible system in place for a "notice to appear" in Hillsborough County, FL. 

If you missed a court date in a felony or misdemeanor case, then contact an attorney at Sammis Law Firm. We can help you file a "Motion to Withdraw the Capias for Failure to Appear" either before or after the capias is forwarded to the Hillsborough County Sheriff's Office. 

The court has the ability to withdraw the capias in a failure to appear case if the motion is properly filed and scheduled for a hearing, that way you do NOT have to be booked into the jail which creaes 

Call 813-250-0500 today. Our phones are answered 24/7. Even after normal business hours or on weekends, an attorney will call you back to discuss your case during a free initial consultation.

Failure to Appear Warrant or Capias in Tampa, Hillsborough County, FL

In many misdemeanor cases, the arresting officer wants to avoid making a formal arrest. The officer is allowed under most circumstances to issue the person a piece of paper called the "Notice to Appear."

The NTA operates much like a summons to appear in court. In most jurisdictions, the NTA will actually tell the person when and where they are to appear to answer the charges (also called the "arraignment date").

The notice to appear is common for charges like possession of marijuana or drug paraphernalia, driving while license suspended with knowledge, or petit theft (also known as "shoplifting").

Unfortunately, in Hillsborough County, the citations do NOT actually provide notice of the arraignment date or time. This article explores the hoops someone must jump through after being issued a notice to appear.

One false move and you will be assessed additional fees, a service fee, or a reinstatement fee, the delinquency fee, the fee for a D-6 clearance, plus the expense of posting bond on the FTA warrant (not to mention the money you will pay in an attempt to get your mug shot off the internet). 

In Hillsborough County, the Notice to Appear Doesn't Provide Notice of Anything

It seems to me that if the Notice to Appear simply did what it promised it should provide notice of when and where to appear in court. If such information was provided, then people would have a much easier time complying. 

In fact, the other day I received a call from a lady who told me about the journey she went on trying to comply. She had been issued a citation for DWLS with Knowledge, a second degree misdemeanor punishable by up to 60 days in jail and a $500 fine. 

She missed the court date set by the clerk's office and eventually turned herself into the jail and posted a $5,000 cash bond. 

She asked me, "What was I suppose to do?" I explained that if she had hired a private attorney then the attorney could file a "Motion to Withdraw the Capias." In misdemeanor traffic cases in Tampa, I've never seen a judge not grant the motion for an attorney with good grounds for the request. Then the court sets a new court date and the capias disappears.

Her next question was - "I went to the clerk's office on multiple days and then I went to the Hillsborough County Sheriff's Office on multiple days. I had to keep going back to the Hillsborough County Sheriff's Office waiting for the capias to show up. Why didn't anyone just tell me that I could hire a private attorney could file a "Motion to Withdraw the Capias?"

Her main reason for being concerned was that now she had a mug shot that was showing up on the internet. She knew that soon, that online mug shot would be showcased on a variety of third party "Mug Shot" websites. 

These private data-mining companies create a webpage with all of your information on it. If you want your mug shot taken down then these companies will charge you thousands of dollars. Even if you pay the money they will put your profile up on their sister sites in an attempt to extort even more money from you. 

How could all of this be avoided? What if the notice to appear just told the person the time and place they should appear? Let's explore what happens in the typical case:

___________________

What Does the Notice to Appear Say?

Instead of providing notice of the time and place to appear to answer the allegation, the notice to appear will say "Schedule a Court Date within 10 Days of the citation date. Hillsborough County Court." The back of the Notice to Appear will say: 

____________________

IMPORTANT INSTRUCTIONS TO INDIVIDUAL CHARGED WITH A TRAFFIC VIOLATION REQUIRES A MANDATORY COURT APPEARANCE

YOU MUST CONTACT CLERK OF TO SCHEDULE A MANDATORY COURT APPEARANCE

COURT LOCATION: 

Hillsborough Court (10 days)

419 Pierce Street, Room 107

Tampa, Fl 33602

Court Phone: 

813-276-8200
__________________

What Happens When You Try to Schedule the Court Appearance?

If you call that number then you will probably get a busy signal. If you are lucky enough to have your call answered, it is an automated system that directs you to press "7" for "information on scheduling a court date."

You will not actually talk with anyone at the clerk's office who will schedule a court appearance. Instead, you will hear a message that tells you that you must appear at the clerk's office "in person" to schedule a court appearance. 

The automated system also tells you that you can mail in a "request for a court date" in writing and must include "as much information as possible," including a copy of the citation, your full name, driver's license number, date of offense, citation ticket number and current mailing address.

Hopefully, the clerk will grant your "request" and send you notice of the court date.  

If you go to the clerk's office in person or request a court date in writing within the first ten days, the clerk may tell you that no such citation has been received by their office from the arresting officer. 

The clerk will tell you that you are required to call or visit EACH DAY to see whether the citation has been received. 

If you don't like the automated system then you can press "8" to talk to the clerk. It has been a long time since I last called the clerk's office, so I gave it a try. I sat on hold for more than 20 minutes after being told there were 27 people ahead of me. 

Eventually, I was connected with a clerk. I had a simple question:

"If someone receives a citation for a criminal traffic infraction (like Driving While License Suspended (1st Conviction)) can the person call to set the court date?"

Although the notice doesn't tell you the answer to that question the answer is "No." The person must appear in person or make a "request" in writing. The clerk's website explains it this way:

How do I set a court date [for a criminal traffic infraction in Hillsborough County, FL]?

If you are charged with a criminal traffic violation (DUI, driving with a suspended license, driving without a valid drivers license, etc.), you must appear in person at one of the Clerk's office locations that process Traffic violations or mail a request in writing within 10 days of the offense date to request a court date....

During that conversation, the clerk told me that the Chief Judge just signed an administrative order that now requires the Clerk's office to set a court date if it is not requested within the 10 day period.

In many of those cases, it is IMPOSSIBLE to set the court date within 10 days because the clerk hadn't even entered the paperwork into their system within 10 days.

I said, "Under the new system how would the person know what day and time to appear?" The clerk said the person should just call back "every day" until the clerk is able to tell them the court date. 

What Does the New Administrative Order Say About a Failure to Appear?

I had to look up the administrative order, S-2013-044, which became effective July 22, 2013. It provides:

10. Criminal Traffic Offenses 

A. Failure to Appear 

Failure of any defendant to appear at the Traffic Violations Bureau within 10 days from the date of issuance of the citation and make disposition of any citation for any criminal traffic violations within Chapter 316, 320, and 322, Florida Statutes, will result in the clerk setting a court date and notifying the defendant. if the defendant fails to appear at the hearing set by the clerk, the court may issue a capias for the arrest of the defendant, together with a Form D-6 (license suspension.) The capias will be issued with an appropriate bond amount to ensure the defendant's appearance before the court. A capius may be issued when the defendant is a minor, but the minor will be released on the minor's own recognizance. 

What Does the Clerk Do? 

Not surprisingly, many people are unable to set a court date under the old system or find out the court date under the new system. If they fail to set a court date or miss the court date set by the clerk (often because they didn't receive notice of that date or time) then the clerk will send out a form letter.

For instance, if you received a notice to appear with a traffic offense such as "DWLS w/Knowledge" then your form letter might say: 

_____________________

Clerk of the Circuit Court 

Hillsborough County - Traffic

Charge: __________

Date Failed to Comply: _______________

Subject: DELINQUENCY NOTICE OF FAILURE TO COMPLY WITH A CRIMINAL TRAFFIC CITATION AS REQUIRED BY F.S. 322.245

You have failed to comply with all directives of the court within the time allotted as indicated by the date above. You must contact the Clerk of Court at the address listed above and comply as originally required. 

A capias may have been issued or may be issued for your arrest for failure to comply. Failure to comply with this notice by 11/06/2013 will result in the suspension of your driver's license. Additional fees may be assessed. 

For reinstatement of your driver's license, you may be required to pay a service fee after all court directives have been satisfied.    

Pat Frank, 

Clerk of the Circuit Court

Hillsborough County, FL

__________________________________

If the capias is issued then the clerk will tell you to turn yourself in at the jail. If you go to the jail the Hillsborough County Sheriff's Office might tell you that the capias is not in their system yet. HCSO has even created a flyer for people in this position. It reads:

____________________________________

Hillsborough County Sheriff's Office - Tampa FL

Sheriff David Gee

Warrants

1. Check HCSO website.

2. www.hcso.tampa.fl.us

3. Click on Inquiries Online
4. Click on Warrant inquiry
5. Type your name in the box and enter.
6. If your name appears with an active warrant contact us at 813-247-8460.

It takes approximately 10-14 days from the day you miss your court date for a warrant to appear in our system. If the Warrant does not appear at the end of the 14 days contact the Clerk of the Circuit Court @ 813-276-8200. Have your citation number available.

___________________________________

Nothing this woman received told her that a private attorney could file a "Motion to Withdraw the Capias." 

I assume that if a private attorney can fix it in a matter of days by filing a motion, that the woman might have just represented herself and filed a pro se "Motion to Withdraw the Capias."

The Public Defender's Office hasn't even been appointed in these cases, so I'm not sure what procedures there might be for indigent people who need assistants with this type of motion.

I'm pretty sure that if the clerk just put the court date on the actual Notice to Appear the way they do in other counties, then fewer people will be calling or visiting the clerk's office.

Does the clerk have some reason why it wants all of these people calling every single day trying to figure out their next court date? Most importantly, far fewer people would be calling or visiting the Hillsborough County Sheriff's Office to surrender on the Failure to Appear warrant.

Solution - The Clerk could publish the arraignment schedule for each judge and publish those dates in advance. That way any officer on the street could look at the schedule and write the time and date to appear on the citation or notice to appear.

The officers already determine whether the arraignment will occur at the courthouse in Tampa or Plant City, FL. For cases in Tampa, the officers already know the division and judge who will be assigned the case because it goes by the first letter of the Defendant's last name. 

The officers could just look at the schedule and write the time and date on the citation. Problem solved.

So why is it that the notice to appear doesn't just tell you the date and time to appear?

Leslie Sammis is a criminal defense attorney at the Sammis Law Firm who represents clients on felony and misdemeanor charges in Tampa or Plant City, Hillsborough County, FL.

Arrested at Gasparilla? Open Container Penalties / Tampa City Ordinances Section 3-40

If you were arrested at the Gasparilla Parade in Tampa, Florida, for being in possession an open container of alcohol read more about the possible penalties under the city ordinance.

At the Sammis Law Firm, we have represented individuals charged with this city ordinance who want to fight for the outright dismissal of the charges. Call 813-250-0500 to speak with an attorney today about defenses to this charge including a motion to dismiss if the Tampa Police Department did not properly preserve a sample of the alcoholic beverage.

Tampa Police Department's New "No Tolerance" Policy

Although for years the Tampa Police Department (TPD) absolutely tolerated open containers in and around the parade route, beginning in 2010, the TPD announced a new "no tolerance" policy. A "wet zone" was set up around the parade route from the Bay to the outside curb of Bayshore Boulevard. Any party-goers who walked across that imaginary line with an alcoholic beverage were subject to be arrested or released at the scene with a citation.

A city ordinance is comparable to a second degree under Florida's state law because both are punishable by 60 days in jail and a $500 fine. Additional indirect consequences also apply, including a lifetime ban on the right to seal or expunge any criminal record if convicted of the City of Tampa ordinance for open container.

UPDATE: Avoiding an arrested at the 2011 Gasparilla Parade in which News 10 interviews criminal defense attorney Leslie Sammis about Tampa Police Department's "no tolerance" policy for open container and other alcohol related crimes:

Gasparilla Arrests by Tampa Police Department - Tampa criminal defense attorney, Leslie Sammis, discusses the new "no tolerance" policy against open containers that caused the number of arrests to triple in 2010 even through the crowds were down by half. Almost 400 citations were handed out for city ordinance violations for open containers, an offense punishable a maximum of 60 days in jail and a $500 fine.

Tampa's City Ordinance for Open Container

City of Tampa Code of Ordinances, Chapter 3, Alcoholic Beverages, Article IV, Section 3-40, prohibits possession of open containers of alcoholic beverages outside of licensed premises.

Sec. 3-40. - Consumption and possession of open containers on streets, sidewalks, alleys and other public property.

(a) It is unlawful for any person to consume, assist or aid another to consume any alcoholic beverage upon any street, sidewalk, alley or other public property within the city.

(b) It is unlawful for any person to possess an open container of an alcoholic beverage upon any street, sidewalk, alley or other public property, including public or semi-public parking lots, within the city.

(1) As used in subsection (b), "open container" means any vessel or container containing an alcoholic beverage, including beer or wine, which is immediately capable of consumption or the seal of which has been broken.

(2) An open container shall be considered to be in the possession of the person if the container is in the physical control of such person.

(c) Subsections (a) and (b) do not apply when:

(1) The street, connecting sidewalk or alley has been officially temporarily closed upon application to the director of public works and the approval of the city council for the purpose of a block party as provided in this Code, or

(2) A portion of a sidewalk has been leased and permitted as a sidewalk cafe as provided for in Chapter 22 of this Code, or

(3) Public property has been zoned and permitted for the sale of alcoholic beverages pursuant to law, or

(4) A portion of the street, connecting sidewalk or alley has been marked and/or designated as a crossing for a public golf course.

(Ord. No. 99-229, § 1, 10-28-99; Ord. No. 2007-19, § 2, 2-1-07)

The Penalty Section 1-6(a) of the Code of Ordinances City of Tampa

Sec. 1-6. - General penalty.

(a) Code violations—Fine and/or imprisonment and/or probation. It is unlawful for any person to violate or fail to comply with any provision of this Code and, where no specific penalty is provided therefor, the violation of any provision of this Code shall be punished by a fine not exceeding five hundred dollars ($500.00) and/or imprisonment for a term not exceeding sixty (60) days and/or a term of probation not to exceed six (6) months, as set forth in section 1-6.1 or by both such fine and imprisonment. Each day any violation of any provision of this Code shall continue shall constitute a separate offense.