INSTRUCTIONS FOR PREPARING AND FILING YOUR MOTION.

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1 Law Offices of JULIANNE M. HOLT Public Defender Thirteenth Judicial Circuit of Florida 700 East Twiggs Street, Fifth Floor P.O. Box Tampa, Florida Revised 11/14/12 RE: Defendant s Pro se Motion to Withdraw Capias We cannot file this motion on your behalf unless the clerk or court has appointed us to do so. Please find attached a sample Motion to Withdraw Capias that may help you file your own motion. There are three (3) forms attached to this cover letter: (1) Defendant s Motion to Withdraw Capias; (2) Notice of Hearing; (3) Order to Withdraw Capias. INSTRUCTIONS FOR PREPARING AND FILING YOUR MOTION. 1. Call the judicial assistant in your assigned division for directions on how to get a court date and file the paperwork. Judges contact information is attached and is also available from the Administrative Office of the Courts website: 2. Fill out all of the attached forms correctly. In each document s heading, circle COUNTY (Misdemeanor) or CIRCUIT (Felony). Write in your name, case # and the Court s division. Fill in all of the blank or spaces. Words separated by a slash ( / ) mean you need to circle one of the words. Write the current date in the last paragraph of the Motion and Notice of Hearing. DO NOT fill in the court date or time on the Notice of Hearing until you have instructions from the judicial assistant. Judges have different procedures for setting these motions; be sure to follow the procedure specified by the judge in the division. Sign on the line above DEFENDANT, PRO SE on the Motion and Notice of Hearing. Write your telephone number and address in the blanks below your signature. Do not write a date on the Order. DO NOT SIGN THE ORDER; the Judge will sign the order after the hearing. When you go to court, be sure to bring copies of all documents related to your case, including all documented verification of the reasons you have missed court.

2 WHO CAN ASSIST WITH FILLING OUT PRO SE PACKETS? HILLSBOROUGH COUNTY BAR LAWYER REFERRAL SERVICE: If the number is busy, or if you prefer , you can send an to and a LRS Representative will contact you as a way to expedite the referral. Please include the following in the Your first and last name A short explanation of your legal problem The geographic location where ideally your lawyer would be located Current phone number to reach you with the referral WHO WILL NEED TO GET A COPY OF THE COMPLETED PAPERWORK? 1 Clerk s Office: Felony Department - Courthouse Annex, 401 N. Pierce Street, Room nd floor (south-end of hallway); Misdemeanor Department E. Twiggs Street, 7 th Floor - Room 752, Tampa, Florida Your Judge 3 - State Attorney s Office: 419 N. Pierce Street, Tampa, Florida (south side of Twiggs Street, across from our building); you can also leave paper work for the State Attorney in the drop box in Felony Clerk s Office.

3 IN THE COUNTY / CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CRIMINAL JUSTICE DIVISION STATE OF FLORIDA vs. DEFENDANT CASE NUMBER: DIVISION: DEFENDANT S PRO SE MOTION TO WITHDRAW CAPIAS COMES NOW the Defendant, pro se, and moves this Court to recall the capias previously issued in this case, and in support of this motion states: Check the box of any grounds that may apply AND Circle appropriate choice(s) separated by /. [ ] I did not receive a written notice of the hearing scheduled on the day of, 20, before Judge, courtroom number. filed. [ ] The capias was issued and/or executed before the charge of was [ ] The traffic violation fine payments were paid in full in the sum of $. but were not properly and timely recorded. [ ] I have paid the sum of $. for any and all court costs adjudged as a condition of payment but these payments were not properly and timely recorded. [ ] I have paid the sum of $. for any and all fines and/or forfeitures adjudged by the court. Attach proof of payment to this motion. [ ] The capias mistakenly identifies me as the criminal defendant in this case when I am the victim that filed the report against. List any other grounds not previously mentioned or any supporting reasons for the grounds stated above: WHEREFORE, the Defendant respectfully requests this Court grant this motion and withdraw the capias which was entered in this case.

4 I HEREBY CERTIFY that a true and correct copy of the foregoing motion has been furnished to the Office of the State Attorney, 419 North Pierce Street, Tampa, Florida this day of, 20. Respectfully submitted, Copies furnished to: DEFENDANT/DEFENDIDO, pro se (Signature) Defendant, pro se Telephone: ( ) Courtesy Copy to Judge Address:

5 IN THE COUNTY / CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CRIMINAL JUSTICE DIVISION STATE OF FLORIDA vs. DEFENDANT, pro se CASE NUMBER: DIVISION: NOTICE OF HEARING TO: MARK OBER OFFICE OF THE STATE ATTORNEY 419 N. PIERCE STREET TAMPA, FLORIDA YOU ARE HEREBY NOTIFIED that the motion listed below has been scheduled for hearing before Judge, in courtroom of the Hillsborough County Courthouse Annex, on the day of, 20 at : a.m. / p.m. or as soon thereafter as may be heard. DEFENDANT S pro se MOTION TO WITHDRAW CAPIAS DATED at Tampa, Hillsborough County, Florida this day of, 20. Respectfully submitted, Copies furnished to: DEFENDANT, pro se (Signature) Defendant, pro se Telephone: ( ) Courtesy Copy to Judge Address:

6 IN THE COUNTY / CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CRIMINAL JUSTICE DIVISION STATE OF FLORIDA vs. DEFENDANT CASE NUMBER: DIVISION: ORDER ON DEFENDAN TS PRO SE MOTION TO WITHDRAW CAPIAS THIS CAUSE having come before the Court on the Defendant s pro se Motion to Withdraw Capias. The Court having reviewed the file, taken testimony, and being otherwise fully advised in the premises, it is hereby: ORDERED AND ADJUDGED that the Defendant s pro se Motion to Withdraw Capias is hereby GRANTED / DENIED DONE AND ORDERED at Tampa, Hillsborough County, this day of, 20. CIRCUIT/COUNTY COURT JUDGE Copies furnished to: Defendant, pro se Office of the State Attorney