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1. What is a misdemeanor of a criminal traffic charge?

A misdemeanor is any offense that is punishable under Florida laws, or that would be punishable if committed in Florida, by imprisonment in the local county jail. Misdemeanor charges include, but are not limited to:

• Criminal Mischief
• Passing Worthless Bank Checks
• Petit Theft
• Possession of Alcohol by a Minor
• Possession of Marijuana
• Prostitution
• Resisting Arrest Without Violence
• Simple/Domestic Battery

Criminal Traffic

Criminal Traffic charges include, but are not limited to:

• Driving Under the Influence
• Knowing Driving While License Privilege Is Under Suspension
• Leaving the Scene of an Accident
• Racing on the Highway
• Reckless Driving

Clerk Option - Fee in Lieu of Court

A program known as the Clerk Option may be available for individuals charged with:

• Driving While License Suspended, Revoked, or Canceled
• Driving Without a License
• No Valid Driver’s License
• Expired Registration

This option enables an individual to forgo a court appearance by entering a plea of nolo contendere and paying the mandatory cost of $228. By choosing this option and providing valid proof of compliance, the Clerk of Court can withhold adjudication. This option is authorized by Florida Statute 318.14(10)(a).

Commercial Driver’s License (CDL) holders are not eligible for this option, and it can only be exercised once in 12 months and no more than three times in a lifetime. 

Select the Clerk Option in 3 Easy Steps:

1. Obtain a valid driver’s license or registration at the nearest Tax Collector’s office. Polk County Residents, an appointment is required and can be made online at www.PolkTaxes.com. Outstanding fines must be paid or a payment plan established with the Clerk’s office before reinstatement is possible. 
2. Visit the nearest Clerk’s office to present the new driver’s license or valid registration and notify the clerk that you would like to exercise the Clerk Option. 
3. Pay a $228 fine. This fee must be paid in full. Payment plans are not an option.

This process must be completed at least 2 days before the first court hearing.

2. How do I request a continuance of my court date?

No case will be continued without judge approval unless you are scheduled for arraignment. Requests to continue any court proceedings must be done by filing a motion. You can file the motion yourself, or if you have an attorney, he/she will file the motion for you. Arraignments can be continued only one time without judge approval and must be done two days prior to your court date.

3. Who should I notify if my address changes?

It is your responsibility to notify the Clerk’s office of your current address, in writing, at:
Polk County Clerk of the Circuit Court, County Court Criminal
P.O. Box 9000
Drawer CC-10
Bartow, FL 33831

4. What happens if I fail to appear for my court date?

Failure to appear could result in a misdemeanor judge issuing a capias for your arrest. You may forfeit the bond you posted, thus losing your money or collateral. Should you be arrested for failure to appear, you may be held in jail with or without a bond.

5. How do I find information about my case or other misdemeanor cases?

You may call the County Court Criminal Department for general information regarding court dates, judge/attorney assigned to a case, and responses to motions.

Most files are public record and can be viewed online.

6. What form of payment do you accept?

We accept cash, check/traveler’s check/money order, and credit card/debit card.

7. Who do I make the check or money order payable to?

Clerk of Court.

8. Where can I pay my court fine/fees and costs?

You may make your payments at any of our three locations.

9. How do I have a public defender appointed to my case?

At your arraignment, you will have an opportunity to complete an Affidavit of Indigent Status form, and request the appointment of a public defender.

10. May I file a document by fax?

The County Criminal Department will accept faxed documents. All parties using facsimile to file documents must make arrangements with each division for the payment of applicable fees before filing documents.

11. May I file pleadings after office hours?

No.

12. How do I get my bond money back now that my case has been disposed?

At the conclusion of your case, the Clerk will withhold from the return of a cash bond, posted on behalf of a criminal defendant by a person other than a bail bond agent, sufficient funds to pay any unpaid court fees, court costs, and criminal penalties. If the amount posted is greater than the fees, costs, and penalties due, the balance will be applied to any case that remains with payment due. Otherwise, the balance will be refunded to the depositor by mail, generally within 14 days of the close of each case.

13. How do I withdraw my plea?

You may want to seek the advice of an attorney. You may file a Pro Se motion with the sentencing judge. For more information, visit Florida Bar, select Member Services, select "The Florida Rules of Procedure are now online", select the Rules of Criminal Procedure, and then select Rule 3.170(I).