According to Black’s Law Dictionary, Fifth Edition, “A crime of a graver or more serious nature than those designated as misdemeanors; e.g. aggravated assault (felony) as contrasted with simple assault (misdemeanor). Under federal law, and many state statutes, any offense punishable by death or imprisonment for a term exceeding one year”
If your court date has already been set, the Clerk’s Office cannot change it. If there is a problem with your date, you or your attorney should contact the office of the Judge assigned to your case and/or file the appropriate “Motion”.
Felony, Circuit Court
Although it is improper for a Judge to speak to any party involved in a pending case about the case, each Judge’s Office has an assistant who may be able to help you. Please keep in mind that the assistants may not give you any legal advice.
Freeman Justice Center
302 Fleming Street
Key West, FL 33040
Judicial Assistant / Judicial Staff Assistant
305-292-3422 / 305-292-3345
FAX: 305-295-3625
Marathon
3117 Overseas Highway
Marathon, FL 33050
Judicial Assistant
305-289-6029
FAX: 305-289-6089
Upper Keys Government Center
88770 Overseas Highway
Plantation Key, FL 33070
Judicial Assistant / Judicial Staff Assistant
305-852-7165
FAX: 305-852-7113
To obtain information on a felony case, search our online records.
Due to the confidential nature of juvenile cases, you will not find these cases on the system. Direct your inquiries to the Juvenile Department service counter also located in all courthouses.
Personal assistance may be obtained on felony cases at the service counter of each division.
500 Whitehead Street
Key West, FL 33040
305-294-4641
3117 Overseas Highway
Marathon, FL 33050
305-289-6027
88770 Overseas Highway Ste 2
Plantation Key, FL 33070
305-852-7145
The Clerk of Court does not have the authority to file criminal charges. Please contact your local law enforcement agency or the State Attorney’s Office.
For information call the office of the State Attorney at:
Lower Keys: 305-292-3400
Middle Keys: 305-289-2595
Upper Keys: 305-852-7170
To find out more information please visit the Monroe County Sheriff’s website.
If you are on probation or community control, check with your Probation or Community Control Officer for payment instructions.
Telephone numbers are:
State Probation
Lower Keys: 305-292-6742
Middle Keys: 305-289-2340
Upper Keys: 305-853-3262
Read your copy of the “Restitution Order”. This document will list the provisions regarding restitution payments.
If you are not on probation or community control and you were ordered to make restitution payments to the Clerk of Courts, they should be made to the sentencing location. Be sure to indicate that the payment is for “restitution”, include your name and complete case number so payment is posted to the proper case. Money orders, cash, cashiers check only.
DO NOT SEND CASH.
Locations are as follows:
500 Whitehead Street
KeyWest, FL 33040
3117 Overseas Hwy
Marathon, FL 33050
88770 Overseas Hwy Ste 2
Plantation Keys, FL 33070
If you having a problem paying your fine and you are on probation or community control, contact your Probation or Community Control Officer at:
State Probation
Lower Keys: 305-292-6742
Middle Keys: 305-289-2340
Upper Keys: 305-853-3262
The Clerk’s Office cannot pardon, defer, or alter fines imposed by the Court.
If your payment is going to be late, notify the appropriate office. Failure to do so could result in a “Bench Warrant” being issued for your arrest.
If you are on probation or community control, call:
STATE PROBATION
Department of Corrections
Lower Keys: 305-292-6742
Middle Keys: 305-289-2340
Upper Keys: 305-853-3262
**The Clerk’s Office cannot pardon, defer, or alter fines imposed by the Court.
If you have bonded out of jail or been released by a Judge, you were notified at the time of your release of your upcoming court date.
You will be notified of any change in this date by mail. All notices will be sent to the address that you gave when you were arrested.
If you change your mailing address, it is your responsibility to notify the Clerk’s Office in writing
or in person at:
500 Whitehead Street
Key West, FL 33040
305-295-3963
3117 Overseas Highway
Marathon, FL 33050
305-289-6027
88770 Overseas Highway Ste 2
Plantation Key, FL 33070
305-852-7145
Notification of change of address is very important. Your failure to appear for your court date could result in you being re-arrested or taken into custody.
It is the defendant’s responsibility to keep the Clerk’s Office informed of their correct address.
If your mailing address changes, you must submit your new address in person or by mail to the appropriate department:
500 Whitehead Street
Key West, FL 33040
305-295-3963
3117 Overseas Highway
Marathon, FL 33050
305-289-6027
88770 Overseas Highway Ste 2
Plantation Key, FL 33070
305-852-7145
Failure on your part to notify this office of your address change could result in you failing to appear for a court date. This, in turn, could result in your re-arrest.
There are very strict criteria for sealing or expunging court records. Some of the requirements are:
You may be eligible to have court records pertaining to your case sealed or expunged. By Florida law, there are specific charges that cannot be sealed or expunged regardless of whether or not adjudication was withheld.
There are significant differences between a sealed record and a record that has been expunged.
A sealed record could be opened for inspection by a judge, you, your attorney, a criminal justice agency, and in specific situations, a prospective employer.
An expunged record would no longer exist, since the file and any references to it are destroyed.
There are fees, which will be charged for processing requests by the Florida Department of Law Enforcement. There are additional fees charged by local law enforcement agencies.
If the judge approves the motion, your record will be sealed or expunged. The Clerk’s Office will then provide certified copies of the order to those agencies that have a record of your arrest so that they may seal or expunge their records as well. The Clerk’s Office will charge you $42.00 for this service.
For additional information contact:
500 Whitehead Street
Key West, FL 33040
305-295-3963
3117 Overseas Highway
Marathon, FL 33050
305-289-6027
88770 Overseas Highway Ste 2
Plantation Key, FL 33070
305-852-7145
All sessions of court are open to the public unless a judge has ordered a court proceeding to be closed.
Spectators are expected to dress and deport themselves properly while in attendance of any court session.
A procedure whereby the accused is brought before the court to plead to a charge in a charging document, (“Information”, “Indictment”, “Citation”, etc.). The charge and rights are read to the defendant. The defendant is then asked if he or she wants to plead “guilty”, “not guilty”, or “nolo contendere” (no contest).
In some instances, the case might be disposed of at the arraignment. In most instances, however, the case is “continued” to another court event at a later date.
If the case is continued, you will be served a “Notice to Appear” while you are attending the arraignment court event. This “notice” will list the date, time, and place you are to appear for the next court event regarding your case.
Occasionally, for various reasons, the Court might change the date, time, and/or place of your next court event. You will be notified of this change by U.S. Mail. It is very important that you ensure that the address listed in the court case file is correct. If you change your mailing address, you must promptly report the change to the Clerk’s Office in person or in writing. Your failure to appear for a court event could result in you being arrested and subject to additional penalties.
If you have an attorney, he or she may enter a written plea in your behalf and waive your appearance at the arraignment. If not, you must appear. Be sure to check with your attorney as to whether you must appear.
Failure to appear can have serious consequences. The Court may issue a “Bench Warrant” for your arrest and enter an “Order of Bond Estreature”, consequently causing you to forfeit the money and/or collateral you posted for the bond. Additional penalties could be imposed by the Court.
The Clerk’s Office cannot set-aside, recall, or reinstate a “Bench Warrant”. Only the Courts have this authority.
For various reasons including applying for certain job positions, you must furnish a copy of the results of a “criminal record” search. You may obtain a letter reflecting the results of this search by contacting:
500 Whitehead Street
Key West, FL 33040
305-292-3950
3117 Overseas Highway
Marathon, FL 33050
305-289-6027
88770 Overseas Highway Ste 2
Plantation Key, FL 33070
305-852-7145
The search will only include Monroe County information.
Payment for the record search must be received before the search is conducted.
Fee charges are:
$2.00 per year for search
$1.00 per page for copies
$2.00 per document for certification
When your request is made please include as much information as possible. Each request is handled as quickly as possible in the order received. This request can be made by mail or in person at any office location.
Payment must be made before the record search can be conducted.
Conviction of various charges can result in the Court suspending your driving privilege for a significant period of time. You might be eligible for a “Hardship Driver’s License”. Your attorney can advise you as to the process and requirements involved.
The Department of Highway Safety and Motor Vehicle (DHSMV), through a hearing officer, determines the eligibility of applicants for Hardship Driver’s Licenses.
For additional information, contact:
Department of Highway Safety & Motor Vehicles (DHSMV)
3439 South Roosevelt Boulevard
Key West, FL 33040
305-293-6338
3380 Overseas Highway
Marathon, FL 33050
305-289-2306
101463 Overseas Highway
Key Largo, FL 33037
305-853-3563
If your driving privilege has been suspended as a result of non-compliance for a violation or charge in Monroe County, the Clerk’s Office can reinstate your license as long as the Monroe County suspension is the only open suspension on your driver’s license record. The cost for this reinstatement is $60.00.
For additional information, contact:
Department of Highway Safety & Motor Vehicles (DHSMV)
3439 South Roosevelt Boulevard
Key West, FL 33040
305-293-6338
3380 Overseas Highway
Marathon, FL 33050
305-289-2306
101463 Overseas Highway
Key Largo, FL 33037
305-853-3563
Florida Statute 27.51(1) states, ”(1) The public defender shall represent, without additional compensation, any person who is determined by the court to be indigent as provided in s.27.52… ... ... ...”
By law, the Clerks Office cannot provide you with legal advice or recommend a particular attorney. This includes the filling out of documents and forms.
If you have been charged with a CRIMINAL offense and cannot afford an attorney, you may be eligible for the services of the Public Defender.
You are eligible for the services of the Public Defender if you are charged with a felony, misdemeanor or criminal traffic case. If you are charged with a traffic citation that does not carry the possible penalty of jail time, you are not entitled to the services of the Public Defender. Also, if you are involved in a civil case or a family law case, you are not entitled to the services of the Public Defender. If you are involved in any of these types of cases, you should not contact the Indigence Examiner unless you are so ordered by the judge. In addition, the Indigence Examiner can only assist you in Monroe County cases. He is unable to assist you if you are charged with a case in another county.
There is a state-mandated application fee of $50 to apply for the Public Defender. If you do not meet the qualifications listed above, you should not waste your $50 to apply. Instead, seek the assistance of private counsel. The standards for qualifying for the Public Defender are set by State Statute. Your application will be a sworn court document and perjury laws apply to any information contained in it.
You may make application with the 16th Judicial Circuit’s Indigence Examiner, by calling 305-295-3914 by faxing 305-295-3913 or emailing info@pd16.org
All questions regarding court appearances should be directed to Counsel that has subpoenaed you as a witness.