Pro se Motion for Review of Clerk's Indigency Determination

Transcription

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 TEL: (813) FAX: (813) Created 04/07/09 RE: Pro se Motion for Review of Clerk's Indigency Determination While a Motion for Review of Clerk's Indigency Determination is related to your criminal case, we cannot represent you unless the Judge appoints us to do so. Please find attached a sample Motion that you can use. Complete all of the attached forms as follows: 1. Include your name, telephone number, address, case number(s), division, Judge s name and court room number and ALL missing information needed to fill in the blank lines. Circle the correct word(s) in bold and/or separated by a slash ( / ) signal a choice. Example: if you have a felony case, circle the words "CIRCUIT" and "FELONY" on top of the Motion, Notice and proposed Order. 2. With pen, case information and completed documents in hand, CALL THE JUDGE S OFFICE FOR FURTHER INSTRUCTIONS**. 3. If you are given a court date, print the court date and time on the Notice of Hearing. Sign and date the Notice and Motion (DO NOT sign the Order). 4. Once the documents are complete: A) Take the original - make 3 copies of the Motion and Notice of Hearing. Take the original - make 2 copies of the proposed Order. B) Take a COPY of the Motion, Order and Notice for the Judge**: Give to staff at the Information Desk on the 1 st floor of the Courthouse Annex. C) Take a COPY of the Motion and Notice to the State Attorney s Office: 419 North Pierce Street, Tampa, Florida (across the street from the Courthouse Annex, west side of Jefferson Street) D) Be sure to keep a copy of all the documents for your records. Legal representation and public service with dignity and respect Telephone (813) Suncom Address pd13@pd13.state.fl.us

2 E) File the ORIGINAL Motion, Order and Notice with the appropriate Clerk's office: Felony / Circuit Criminal Clerk s office: Room nd floor of the Courthouse Annex (south end of hallway) 800 E. Kennedy Boulevard, Tampa, Florida Telephone: (813) Misdemeanor /County Criminal Clerk's office: Room 752-7th floor 700 Twiggs Street, Tampa, Florida Telephone: (813) Juvenile Clerk's office: Room th floor of the Courthouse Annex (west side of lobby) 801 Twiggs Street, Tampa, Florida Telephone: (813) When you go to court, be sure to bring copies of all documents related to your case, including all documented verification of completed conditions of your probation or community control. Sincerely, JULIANNE M. HOLT PUBLIC DEFENDER THIRTEENTH JUDICIAL CIRCUIT Legal representation and public service with dignity and respect Telephone (813) Suncom Address pd13@pd13.state.fl.us

3 Felony / Circuit Criminal Division Judge Telephone Court Room & Location A Sleet, Daniel st Flr, Annex B Pomponio, Denise rd Flr, Annex Tower C Foster, Robert st Flr, Annex D Barber, Tom rd Flr, Annex Tower E Holder, Gregory rd Flr, Annex Tower F Tharpe, Chet st Flr, Annex G Ficarrotta, Ronald st Flr, Annex H Timmerman, Wayne rd Flr, Annex Tower I Lopez, Manuel rd Flr, Annex Tower Misdemeanor / County Criminal Division Judge Telephone Court Room & Location A Dominguez, James nd Flr, Annex Tower B Courtney, Margaret st Flr, Annex C Conrad, John nd Flr, Annex Tower D Thomas, Cheryl nd Flr, Annex Tower E Lefler, Lawrence nd Flr, Annex Tower F Nazaretian, Nick A - 5 nd Flr, Annex Tower G Rice, Elizabeth nd Flr, Annex Tower Juvenile Division Judge Telephone Court Room & Location A Sabella, Christopher th Flr, Annex Tower B Moody, Ashley th Flr, Annex Tower E Corvo, Vivian rd Flr, Annex Tower F Campbell, Lisa A-4 th Flr, Annex Tower M Baumann, Herbert Jr th Flr, Annex Tower Legal representation and public service with dignity and respect Telephone (813) Suncom Address pd13@pd13.state.fl.us

4 IN THE COUNTY / CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA JUVENILE / CRIMINAL JUSTICE DIVISION STATE OF FLORIDA CASE NUMBER: vs. DIVISION: DEFENDANT S MOTION FOR REVIEW OF CLERK'S INDIGENCY DETERMINATION COMES NOW the Defendant, pro se, pursuant to section 27.52(4), Florida Statutes (2008), and moves this Court to review the Clerk s indigency determination in this case and in support thereof states: 1. The Defendant submitted an Affidavit of Indigency requesting the appointment of the Public Defender. On, the Clerk of the Circuit Court reviewed the affidavit and determined that the defendant did not qualify as indigent for purposes set out in section Subsection (4) of this statute permits an appeal of the Clerk s determination and authorizes the defendant to seek the review of the Clerk s decision in the trial court. The relevant section of the statute provides: (4)(a) If the Clerk of the Court determines that the applicant is not indigent, and the applicant seeks review of the Clerk s determination, the Court shall make a final determination of indigent status by reviewing the information provided in the application against the criteria prescribed in subsection (2) and by considering the following additional factors: 1. Whether the applicant has been released on bail in an amount of $5,000 or more. 2. Whether a bond has been posted, the type of bond, and who paid the bond. 3. Whether paying for private counsel in an amount that exceeds the limitations in section , Florida Statutes (2008) or other due process services creates a substantial hardship for the applicant or the applicant s family. 4. Any other relevant financial circumstances of the applicant or the applicant's family. (b) Based upon its review, the Court shall make one of the following determinations and, if the applicant is indigent, shall appoint a public defender, the office of criminal conflict and civil regional counsel, or if appropriate, private counsel: 1. The applicant is not indigent. OR 2. The applicant is indigent. 3. The defendant in this case is unable to retain private counsel and has been found not indigent

5 by the Clerk of the Court. The defendant seeks review of the Clerk s determination of indigency, as is provided for under section 27.52(4)(a), Florida Statutes (2008). WHEREFORE, the Defendant respectfully requests this Court grant this motion, declare the Defendant indigent and appoint the Public Defender to represent the Defendant in this case. 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 33602, this day of, 20. Respectfully submitted, DEFENDANT, PRO SE (Signature) Telephone: ( ) Copies furnished to: Address: Defendant, Pro Se Courtesy Copy to Judge

6 IN THE COUNTY / CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA JUVENILE / CRIMINAL JUSTICE DIVISION STATE OF FLORIDA CASE NUMBER: vs. DIVISION: ORDER GRANTING DEFENDANT'S MOTION FOR REVIEW OF CLERK'S INDIGENCY DETERMINATION THIS CAUSE having come before the Court on the Defendant s Motion for Review of Clerk's Indigency Determination. The Court having taken testimony and being otherwise fully advised in the premises therein, it is hereby: ORDERED AND ADJUDGED: That the Defendant s Motion for of Review Clerk's Indigency Determination is hereby GRANTED / DENIED. IT IS FURTHER ORDERED pursuant to section 27.52(4), Florida Statutes (2008) that: The applicant is not indigent and is therefore not entitled to the services of the Public Defender. The applicant is indigent and that the Public Defender has been appointed in this case. DONE AND ORDERED at Tampa, Hillsborough County, Florida, this day of, 20. Copies furnished to: CIRCUIT/COUNTY COURT JUDGE Defendant, Pro Se Office of the State Attorney

7 IN THE COUNTY / CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA JUVENILE / CRIMINAL JUSTICE DIVISION STATE OF FLORIDA CASE NUMBER: vs. 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. PRO SE MOTION FOR REVIEW OF CLERK'S INDIGENCY DETERMINATION DATED at Tampa, Hillsborough County, Florida this day of, 20. Respectfully submitted, DEFENDANT, PRO SE (Signature) Copies furnished to: Defendant, Pro Se Courtesy Copy to Judge Office of the State Attorney