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Felony & Misdemeanor

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1. My criminal case is set for court and I am unable to make it on this date; how do I get my case continued?

For Misdemeanor Arraignment court dates you may call the Misdemeanor Division and request a one-time continuance which will be 2 weeks from the date set for Arraignment. Any further continuances will have to be approved by the Judge and the Prosecutor assigned to your case.

For Felony court or any other type of Misdemeanor court, other than Arraignment, a continuance will have to be approved by the Judge and the Prosecutor assigned to your case. You will have to contact the Judge's office and the Prosecutor assigned to your case. The clerk's office is unable to give continuances in these matters. You may contact the Criminal Division to find out which Judge/Prosecutor has been assigned to your case. If you have obtained an attorney or have been granted a Public Defender, you must consult them.

If a defendant fails to appear for a scheduled court date the Judge may issue a capias or bench warrant for the defendant's arrest.

2. I posted a Cash Bond, how and when do I get my money returned?

Upon disposition of the case, all court fines and costs will be deducted from the cash bond and applied to the defendant's fines and a refund (if any) will be returned to the person listed as the depositor on the bond. If you are entitled to a refund, your check will be printed on the Wednesday following disposition of the case and then automatically mailed.

3. I posted a Cash Bond and my address has changed or is incorrect, how do I correct this information?

You may contact the Criminal Division and request a Cash Bond change of address form (photo ID will be required) or obtain this form from our Cash Bond Change of Address form (PDF). Only the depositor listed on the Cash Bond is able to change this information. If you send this by mail, it must be notarized and send a copy of the depositor's Driver's License/Identification Card.

4. Since I received my summons/ticket/arrest, my mailing address has changed or it is incorrect, how do I correct this information?

You may contact the Criminal Division and request a change of address form or print one from the Change of Address Form (PDF).

5. I would like to have information on getting my case sealed or expunged, where would I get this information?

You may get a packet from our office, free of charge, which includes all of the information needed to petition the court (i.e., Fingerprint card for Florida Department of Law Enforcement and application) by calling or coming to our office. Please call 772-221-1338 if you have any questions.

The Seal and Expunge instructions and forms may also be found at the Florida Department of Law Enforcement Website.

6. How do I contact my Probation officer?

State Probation Agency

Felony Charges:
State Probation and Parole
2015 S Kanner Highway
Stuart, FL 34994

Phone: 772-221-4010

Martin County Probation Agency

The Martin County Probation agency is:
C.O.R.E. Probation
905 SE Johnson Avenue
Stuart, FL 34994

Phone: 772-286-7352

Hours of Operation

Monday, Tuesday, Thursday, Friday: 8 am to 5 pm
Wednesday: 8 am to 7 pm
First Saturday of Each Month: 9 am to 2 pm

7. How do I contact the Judge’s office handling my case?

Judges' telephone numbers and addresses can be found by contacting the Criminal Division or by visiting the Martin County Judges page.

8. How do I contact my Public Defender or have a Public Defender appointed to my case?

You will need to fill out a financial affidavit for each case you wish to have the services of the Public Defender. A $50 fee will be required per application/case. You may obtain a financial affidavit from the Criminal Division. You may also call the Public Defender's office.

9. How can I contact the State Attorney’s Office (Prosecutor)?

You may contact the State Attorney's Office by phone.

10. How can I fax information to the Criminal Division?

We can be reached at the Criminal Division Fax Number.

11. How do I clear my D-6 (Driver License) suspension?

You must call the Misdemeanor or Felony Division for further information.

12. I would like to conduct a record search of an individual or request copies from a case, who do I contact and is there a fee?

You may fax, email, or mail a request to our office. A link to our Record Search form is provided for your convenience. Please include the defendant's name, date of birth, case number (if known), charges, and year of offense. If you need copies from a case you will need to specify which documents you are requesting (i.e., arrest affidavit, court disposition, etc.) and if you need them certified by the Clerk's office. Please include your name and contact information on the request and we will contact you with the total amount due for the documents requested. We charge $1 per copy, $2 for certification per document, $1.25 per fax (long-distance) $1 (local), postage/envelope fees, and $1 per page for emailed documents. We also charge a $2 per name/per year search fee if the case number is not provided. Requests can be emailed to Criminal Records, faxed, or mailed to:
P.O. Box 9016
Stuart, FL 34995

Perform a Court Records Search.

13. How do I pay my court fines or court costs?

If you are on Felony (Department of Corrections) Probation, you must contact that agency about the terms of your probation.

If you are on Misdemeanor Probation, court fees, fines and costs are paid through the Martin County Clerk's Office. Please contact C.O.R.E. directly about any other terms of your misdemeanor probation, including paying the costs of supervision.

If you are not on probation, you must contact the Clerk's office or your driving privilege may be suspended pursuant to section 322.245, Fla. Stat.

For Misdemeanor cases please contact the Misdemeanor Division and for Felony cases please contact the Felony Division.

14. What is the difference between a Felony and a Misdemeanor charge?

A Felony is a criminal offense punishable by death or imprisonment in a state penitentiary. A Misdemeanor is a criminal offense that is punishable by fine or imprisonment in a county correctional facility.

Types of Felonies

• A Capital Felony is punishable by death or life imprisonment without the eligibility for parole.
• A Life Felony is punishable by a term of life imprisonment and by a fine not to exceed $10,000.
• A First Degree Felony is punishable by a term of imprisonment not to exceed 30 years and by a fine not to exceed $10,000.
• A Second Degree Felony is punishable by a term of imprisonment not to exceed 15 years and by a fine not to exceed $10,000.
• A Third Degree Felony is punishable by a term of imprisonment not to exceed 5 years and by a fine not to exceed $5,000.

Types of Misdemeanors

• A First Degree Misdemeanor is punishable by a term of imprisonment not to exceed 1 year in the county jail and by a fine not to exceed $1,000.
• A Second Degree Misdemeanor is punishable by a term of imprisonment not to exceed 60 days in the county jail and by a fine not to exceed $500.
• County and Municipal Ordinances are defined as local regulations passed by a county or municipality which are punishable by a fine less than $500 and/or imprisonment in a county jail for less than 60 days.

Criminal Traffic Laws

Criminal Traffic Laws which are defined by the Florida Rules of Court as a violation that may subject the defendant upon conviction to incarceration.

15. What if I am arrested in another county on a Martin County Warrant?

If you are arrested in another county on a Martin County warrant it will take approximately 1 to 6 weeks for the Martin County Criminal Division to receive your arrest paperwork. Once the arrest paperwork is received you will be mailed a Notice to Appear for your court date. You will not attend court in the county you were arrested. If your address has changed, you will need to submit a Change of Address Form (PDF) or contact the Criminal Division to ensure your notice is mailed to the current address.

16. I just received a phone call from Linebarger Goggan Blair & Sampson, LLP (Linebarger) and I don't know who they are or why I would owe money; what do I do?

Linebarger is a collection agency contracted by the Clerk's Office to recover unpaid fines and court costs ordered by the Judge at the time of sentencing.

17. I owe money to Linebarger but I thought I had paid all of my court fines; what do I do?

You may contact the Clerk's Office to find out exactly what monies are owed. If you feel you have already paid these fines, you may print a Collection Dispute Form (PDF) and submit it to the Criminal Division with proof of payment and we will thoroughly research your disputed amount. The collection Dispute Form may be mailed to:
P.O. Box 9016
2nd Floor-Criminal
Stuart, FL 34995

or faxed to the Criminal Division.

Please contact our office if you have questions.

18. I thought if I went to jail and served time I don't have to pay my court fines; why do I still owe fines?

By statute, the Judge imposes fines and court costs at sentencing. Unless you are placed on probation or the fines and costs were waived, you must pay your fines and costs in full the day you are sentenced. You may enter into a payment plan with the Clerk's Office to avoid being sent to collections (a 40% collection fee if prior to December 1, 2015, or 25% if after December 1, 2015, will be added) and/or your driving privilege is suspended for non-payment on a payment plan. Please contact our office if you have questions.