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Law Offices of Kathleen A. Smith
Public Defender 20th Judicial Circuit
Contact our offices
 Resources

Administrative Office of the Courts-20th Judicial Circuit - (239) 533-9197 - www.ca.cjis20.org/web/main/index.asp
Client Information
Department of Corrections - (888) 558-6488 - www.dc.state.fl.us/index.html
Department of Juvenile Justice - (850) 488-1850 - www.djj.state.fl.us/
Department of Highway Safety and Motor Vehicles - (850) 617-2000 - www.flhsmv.gov/
Driver's License Status
Federal Public Defender-Middle District of Florida - (239) 334-0397 - flm.fd.org/
Mental Health Court
MyFlorida.com
Probation-Charlotte County - (941) 637-2227
Probation-Collier County - (239) 252-8135
Probation-Glades County - (863) 946-6032
Probation-Hendry County - (863) 675-5229
Probation-Lee County - (239) 533-9150
Regional Counsel - (239) 533-1500 - 2000 Main Street, Suite 500, Fort Myers, FL 33901
Seal/Expunge
State Attorney-20th Judicial Circuit - (239) 533-1000 - www.sao.cjis20.org

Employment

If you are interested in working for the Public Defender's Office as a paid employee, please follow the steps below:

1. Click here to view our employment listings.
2. Click here to download a state application.
3. Click here to email the completed application to our personnel director.
4. You will be contacted shortly by a member of our staff.

Forms links for Paid Employees:
Badge Authorization
ADA Release Form -- click on your location (Lee Collier Charlotte Hendry)
FRS Beneficiary Designation Form
FRS New Employee Certification
Direct Deposit Form
I-9
W-4
Oath of Loyalty
Prior Employment Record
Request for Exemption of Personal Information
Assistant Public Defender Position Description
Legal Assistant I Position Description

If you wish to volunteer or intern with the Public Defender's Office, please follow these steps:

1. Click here to email our personnel director of your interest.
2. You will be contacted shortly by a member of our staff.

Forms links for Volunteers:
Volunteer/Intern Registration Form
ADA Release Form -- click on your location (Lee Collier Charlotte Hendry)
Medical Emergency Alert Form
Volunteer Confidentiality Certification
Worker's Compensation Memorandum
Employment

What Happens When You Are Arrested

First Appearance
Within 24 hours of being arrested, you will appear before a judge. The judge will: Intake
Once the Public Defender’s Office is appointed to your case and you are in custody, someone from our office will come to see you. That person may be an Assistant Public Defender, a Witness Interviewer, an Investigator, or an Intern. You will be asked a series of questions, which you should answer as completely and honestly as you can. Even though the person asking the questions may not be an attorney, the information you give is confidential and will be given to your attorney.

Filing Charges and Arraignment
If you are in custody, the State Attorney has 30 days from your arrest date to file formal charges against you. On the 30th day, the court shall order you automatically released on the 33rd day, provided notice has been given to the State Attorney’s Office and they have not filed formal charges by that date. Or, if the State Attorney shows good cause, the court shall order you automatically released on the 40th day, unless the State Attorney’s Office files charges by that date. It is up to the State Attorney whether or not to file charges against you. After formal charges have been filed against you, you will be arraigned. At that time, the filed charges will be read to you and your attorney will enter a plea for you. If you plead not guilty, your attorney will request a trial.

Pleas
There are three kinds of pleas: (1) Not guilty; (2) Guilty; and (3) Nolo Contendere (no contest). Not guilty pleas are entered when you are innocent, when you want to demand a trial, or when you don’t know which plea to enter. If you want to plead guilty or no contest, you must be able to convince the judge that no one is forcing you to plead guilty or no contest and that you know what you’re doing. If you plead guilty, you are admitting you committed the crime. If you pled no contest, a judge will be allowed to find you guilty without you having to admit guilt. If you plead guilty or no contest, you give up your right to a trial or to an appeal. If they have your permission, your attorney may talk to the Assistant State Attorney in your case to negotiate a plea. A negotiated plea is an agreement between your attorney (who is acting on your behalf) and the State Attorney for a reduction of charges or dismissal of charges or a specific sentence. You must approve a negotiated plea and the judge does not have to accept a negotiated plea agreement.

Getting Ready for Trial
Once you decide to go to trial, your attorney will file motions to get information related to your case. Your attorney will come to visit you if you are in custody (or ask you to come to our office if you are out of custody) to discuss your case. Please remember that all communication between you and your attorney is confidential. Do not discuss your case with anyone but your attorney or where anyone may overhear you. Once your case is ready for trial, your attorney will explain all the facts of your case and tell you about which defenses you may use. He/She will explain your legal options, as well as any possible sentence if you plead guilty or are found guilty at trial.

Trial
If you go to trial, you and your attorney will decide whether you want a jury trial or a non-jury trial. In a jury trial, six or more people will decide whether you are responsible for the crime for which you have been charged. In a non-jury trial, the judge decides if you are guilty or not. If you decide you want a jury trial, you must decide whether or not you will testify in your trial. You are not required to testify. If you are having a jury trial, the Assistant State Attorney and your Assistant Public Defender will question the prospective jurors and decide which ones will hear your case. You will be allowed to assist in the jury selection. After the jury is selected, the actual trial will start. Both sides will make an opening statement to tell the jury their view of your case. First, the State Attorney will introduce their witnesses and evidence. Your attorney will be allowed to ask questions. Next, your attorney will present your witnesses and evidence. The Assistant State Attorney will be allowed to ask questions. After all the evidence on both sides is presented, both attorneys will make closing arguments. If there is a jury, the judge will tell the jury about the laws that apply to your case. The jury then goes into the jury room and decides what the verdict will be. The verdict must be unanimous. If the jury cannot reach a unanimous verdict, then the judge will declare a mistrial and you will have another trial at a later date.

Frequently Asked Questions

Who Is My Public Defender?

This information may be found on the CJIS website (click here), please have your case number ready. Type guest for the user name and guest for the password.

When is my next court date?

This information may be found on the CJIS website (click here), please have your case number ready. Type guest for the user name and guest for the password.

How do I apply for a Public Defender?

You can apply to be screened for a Public Defender by contacting the location for your county:

Charlotte County:
Pre-Trial Services, 1st Floor
Charlotte County Justice Center
350 East Marion Avenue
Punta Gorda, FL 33950

Collier County:
Clerk of Court, 1st Floor
Collier County Courthouse Annex
3301 Tamiami Trail East
Naples, FL 34112

Glades County:
Clerk of Court, 1st Floor
Glades County Courthouse
500 Avenue J
Moore Haven, Fl 33471

Hendry County:
Clerk of Court, 3rd Floor
Hendry County Courthouse
25 Hickpoochee Street
LaBelle, FL
or
Clerk’s Office
Clewiston Town Center
931 W. Sugarland Hwy.
Clewiston, Fl 33440

Lee County:
Pre-Trial Services
Lee County Justice Center Annex (SunTrust Building)
2000 Main Street, Suite 101 (Entrance off Dr. MLK Blvd.)
Fort Myers, Florida 33901
(239)533-1730

What is the $50 Public Defender Application Fee for, and how do I pay it?

The $50 Public Defender Application Fee was created by the Florida Legislature. The fee applies whether or not you actually are appointed a Public Defender. If you do not have the money, you cannot be denied a Public Defender. You may pay the $50 fee at the following locations, depending on the county in which you applied. Even if you do not have the $50, go to the appropriate location below to arrange a payment plan.

Charlotte County:
Charlotte County Clerk of Courts on the 1st floor of the Charlotte County Justice Center.

Collier County:
Collier County Clerk of Courts on the 1st floor of the Collier County Courthouse Annex.

Glades County:
Glades County Clerk of Courts on the 1st floor of the Glades County Courthouse.

Hendry County:
Hendry County Clerk of Courts on the 3rd floor of the Hendry County Courthouse or the Hendry County Clerk of Courts in the Clewiston Town Center.

Lee County:
Lee County Clerk of Courts on the 2nd floor of the Lee County Justice Center.

Why won’t my Public Defender give information regarding my case to my family and friends?

Information regarding a person’s case is held as private under the attorney – client privilege.

What will happen at my arraignment?

After your First Appearance before a judge, if formal charges are filed, an arraignment will be scheduled. The arraignment is not a trial and not a time when evidence can be presented. At most arraignments your charges are read to you and if you do not have a lawyer the judge will again determine if the Public Defender's office will represent you. If a plea of not guilty is entered at your arraignment, your case will normally be scheduled for a pretrial conference. If the Public Defender has not been appointed, YOU MUST ATTEND THE ARRAIGNMENT.

What is a pre-trial hearing?

A pre-trial hearing is the court proceeding in which a decision is made to either set a trial date or enter a plea of guilty or no contest. You generally MUST attend a pre-trial hearing unless your Public Defender has told you not to go.

What is a Baker Act hearing? Can the patient have a Public Defender represent to represent them at a Baker Act hearing?

A Baker Act hearing is an involuntary mental health commitment proceeding. Generally these occur when someone has a concern that a person is a threat to themselves or others. The person to be committed is entitled to representation by a Public Defender.

If this site did not answer all your questions, please call your local Public Defender's Office with your case number ready. Thank You.