The Misdemeanor Department’s objective is to serve the Judiciary, the Bar,and the public. The Department processes all cases where an individual is charged with a misdemeanor offense, whether violation of the State of Florida Statutes or Municipal Ordinances. The Department processes all non-arrested misdemeanor charges, violations of civil municipal, municipal, civil, or criminal ordinances, and civil juvenile tobacco violations. In addition, all fines and fees assessed by the court for the above violations are collected and tracked by the Misdemeanor Department.
If you have a question or would like more information, please consult our list of Frequently Asked Questions (FAQ). We can be reached at (850) 653-8861 x 166 from 8:00 a.m. to 5:00 p.m., Monday – Friday, and are located in Suite 203 at the Franklin County Courthouse, 33 Market Street, Apalachicola, FL 32320.
What is a misdemeanor?
Misdemeanors are offenses of the law that is less serious than felony offenses. They are punishable by a fine, probation, and/or imprisonment in the county jail for not more than one year as opposed to a state prison sentence on a felony charge. The misdemeanor offenses include petit theft, worthless checks, possession of marijuana and marijuana paraphernalia, resisting arrest without violence, battery (domestic violence), and assault. In addition to criminal misdemeanor cases, the county criminal court maintains and files civil infractions. The ordinance violation cases are punishable by a fine or civil penalty.
How do I view a misdemeanor court file?
Misdemeanor court files can be reviewed in the Clerk’s Misdemeanor Department, suite 203 on the 2nd floor at 33 Market Street in downtown Apalachicola. The office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. Information is available on-line. Click here to be connected to the public court search. Put in the information. Click on view selection. Click on case number in blue to see a list of docket statements pertaining to your case.
How will I know when to come to court?
If you have bonded out of jail or have been released by a judge, you received notice of the upcoming court dates, or you are to remain in contact with your bondsman for the court date. Future notices will be sent to the address that you gave when you were arrested. If you move, it is your responsibility to notify this office, in person or in writing, of any change of address. Send the notice of new address with your name and case number to: Clerk of Circuit Court Franklin County Misdemeanor Department, 33 Market Street, Suite 203, Apalachicola, FL 32320 or appear in person at: Clerk of Circuit Court Misdemeanor Department 2nd Floor, Suite 203, 33 Market Street, Suite 203, Apalachicola, FL 32320. It is very important to notify the clerk if you have moved! A failure to appear at your appointed court session could result in your being re-arrested and/or a forfeiture of your bond that you or someone who bonded for you have posted, thus losing money or collateral.
What is an arraignment?
An arraignment is a court hearing in front of a judge where a defendant is advised of the formal charges filed by the state attorney’s office or law enforcement and allows the defendant to enter a plea of guilty, no contest, or not guilty to the charges. If you have a private attorney, a written plea of not guilty may be entered in your behalf, and a waiver of your appearance at the arraignment hearing may be filed. If no such document has been filed with the clerk, you must appear. At the arraignment, you enter your plea to the charges. If you enter an oral plea of not guilty to the charges, a trial or pre-trial or disposition date may be set by the court at that time. If you enter a plea of guilty or no contest to the charges, you may be sentenced at that time. If you qualify for the public defender, you may ask the court at your arraignment to appoint the public defender to represent you in future court hearings.
I have moved. What do I need to do?
It is the defendant’s responsibility to keep this office informed of his or her correct current mailing address, including zip code. If your mailing address changes, you must submit your new address by mail to: Clerk of Circuit Court Misdemeanor Department P33 Market Street, Suite 203, Apalachicola, FL 32320 Or in person to: Clerk of Circuit Court Misdemeanor Department 2nd Floor, 33 Market Street, Suite 203, Apalachicola, FL 32320. Please make sure your name and case number are on the address change when submitted to the clerk.
Can I attend a criminal trial?
All sessions of misdemeanor courts are open to the public, unless a particular judge orders his courtroom closed. Spectators are expected to dress and behave themselves properly while in attendance at any court sessions. No tank tops or shorts are allowed in any courtrooms. Pagers and cellular telephones are to be turned off while in the courtrooms.
What if I’ve been subpoenaed as a witness on a misdemeanor case?
A subpoena is traditionally defined as a command to appear at a certain time and place to give testimony regarding a certain matter. Testimony is normally given in a court of law before a judge or hearing officer, or by deposition, in the presence of a court reporter. If you are served with a subpoena and have any questions, or are unable to attend on the date specified, you must contact the agency or attorney that subpoenaed you. If you fail to respond to a subpoena, you may be held in contempt of court.
What are Civil infractions?
There are violations of county ordinances or Florida law known as civil infractions that are neither criminal related charges or traffic related charges. Types of civil infractions are: littering, boating and fishing. Please read your citation carefully to verify if you have a mandatory court appearance or if the citation is a payable citation. Boating/marine patrol cases A citation given on a violation of a boating/marine patrol citation may be a payable fine. Please read your citation carefully to verify if you have to appear in court or can pay the citation fine. Game/fresh water fish cases Some of the game/fresh water fish citations are a payable fine. Please read your citation carefully to verify if you can pay the fine or need to appear in court.
How, when, and where can I pay fines and fees?
Fines and fees on ordinance violations can be paid in person by cash, check or money order at: Clerk of Circuit Court Misdemeanor Department, 33 Market Street, Suite 203, Apalachicola, FL 32320 8:00 a.m. to 5:00 p.m. Monday through Friday Or paid by mail (if time permits prior to due date or infraction hearing court date) to: Clerk of the Circuit Court Misdemeanor Department 33 Market Street, Suite 203, Apalachicola, FL 32320. Make checks or money orders payable to: Clerk of Circuit Court
How can I obtain copies of court documents?
A standard number of copies may be made while you wait. Though we try to make all copies while you wait, requests for larger volumes of copies may have to be placed on order. Be assured that these requests are also completed as soon as possible.
What are some of the costs involved?
Cost for copies – $1.00 per page Cost to certify – $2.00 per document Payment for copies is made when the copies are picked up. Payment is to be paid by cash, check, cashiers’ check.
Where can I call for more information?
Case number and status information for a criminal case may be obtained by calling the Criminal Courts phone pod at : (850) 653-8861 Ext. 166.