Misdemeanor

The Misdemeanor Division maintains the records for misdemeanor offenses, criminal traffic violations and ordinance violations such as littering, boating, animal control, water restrictions and juvenile smoking.

The Misdemeanor Division is located on the second floor of the Kim C. Hammond Justice Center, 1769 E. Moody Blvd., Bldg 1, Bunnell, FL 32110. Our office hours are Monday – Friday, 8:00 a.m. to 4:30 p.m. We may be contacted by telephone at 386-313-4476 or email misdemeanor@flaglerclerk.com

Frequently Asked Questions

What is a misdemeanor 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 simple/domestic batter, criminal mischief, resisting arrest without violence, possession of marijuana, prostitution, passing worthless bank checks and petit theft.
Criminal Traffic offenses may include no valid driver’s license, driving while license suspended or revoked, reckless driving, fleeing or attempting to elude, unlawful temporary tag violation, unlawful use of drivers license, and permitting unauthorized person to drive.

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

Central Receipting
First floor
The Kim C. Hammond Justice Center
1769 E. Moody Blvd., Bldg. 1
Bunnell, Fl 32110

How do I know the total of fines/costs and fees that are owed on my case?

You may visit the Courts Division on the second floor of the Kim C. Hammond Justice Center to obtain this information.

How do I know when to come to court?

You will receive a notice by U. S. mail. All notices will be sent to the address you provided when you were arrested.

How do I change my court date after notification?

The clerk does not schedule or reschedule court dates.
A defendant may wish to contact their attorney, or if they do not have an attorney, the Public Defender’s office.

What will happen if I fail to appear in court?

Failure to appear for an established court date can have serious consequences. The Court may issue a “Capias” for your arrest. In addition, if you have posted a bond for your release, the court may order a forfeit of that bond and you will forfeit the money and/or collateral you posted. The Court could impose additional penalties, as it deems appropriate.
Note: The Clerk’s Office cannot withdraw any warrant or capias.  Only the Courts have this authority.

What if I’ve been subpoenaed as a witness on a Misdemeanor case?

A subpoena is traditionally defined as a command to appear at a certain time and place to give testimony regarding a certain matter.  Testimony is normally given in a court of law before a judge or hearing officer, or by deposition, in the presence of a court reporter.
If you are served with a subpoena and have questions, or are unable to attend on the date specified, you must contact the agency or attorney that subpoenaed you.

If you fail to respond to a subpoena, you may be held in contempt of court.

I would like an attorney but can’t afford one. What can I do?

Florida Statute 27.51(1) states, “The public defender shall represent, without additional compensation, any person determined by the court to be indigent as provided in s.27.52”. If you have been arrested and cannot afford an attorney, you may be eligible for the service of a public defender. Your request for a public defender may be made by you during your first court appearance. There is a $50.00 investigation of eligibility fee for a Public Defender. At the disposition of a case a $100 public defender lien may be assessed. Please contact the Office of the Public Defender for additional information.

I have moved. What information should I provide the Clerk of Courts?

It is the defendant’s responsibility to keep the Clerk of Court informed as to their correct address. For your convenience, you may provide your change of address information by mailing it to:
Clerk of the Circuit Court
Misdemeanor Division
The Kim C. Hammond Justice Center
1769 E. Moody Blvd., Bldg. 1
Bunnell, FL 32110
Please reference your case number on your letter.

How can I find out about a case that has been filed?

You may access the public computers located next to the Misdemeanor Division in the Kim C. Hammond Justice Center, second floor, or by calling the Misdemeanor Division at 386-313-4476.
Upon request, the Clerk’s Office will research an individual’s criminal history in Flagler County criminal records for a fee of $2.00 per year per name researched.  Copies are $1.00 per page.

How can I get my cash bond refunded?

Upon disposition of a case file, the cash bond may be released to the depositor. However, the court may direct all or a portion of the cash bond be used as payment of fines/court costs or restitution. The Court will so direct the use of these funds for payment per Florida Statute 939.17 during disposition proceedings. If the depositor is due a refund, he/she will receive the refund within 30 working days after final disposition of the case. If you are due a refund, and you do not receive it after 30 working days, please contact the Misdemeanor Division so that the matter may be addressed promptly. Please have available the case number, defendant’s name, and date of final disposition (if available).

How do I expunge or seal my record?

Florida Statute 943.0585 and/or 943.059 will provide the requirements and conditions for having a criminal court case sealed or expunged from your record. Please read these statutes carefully.

If you have questions regarding your eligibility to have your records sealed or expunged, please contact the Florida Department of Law Enforcement.  Forms are available at the Clerk’s Office, Courts Division.

How do I have my civil rights restored?

The Department of Corrections informs and educates inmates and offenders on community supervision about the restoration of civil rights and assists eligible inmates and offenders on community supervision with the completion of the application for the restoration of civil rights. For more information, visit the Florida Department of Corrections website at www.dc.state.fl.us, and see “Help With Common Questions”.

How do I pay for a boating violation?

Boating violations are similar to traffic violations.  To pay a ticket, go to the Central Receipting. If the body of water on which you received the citation straddles two counties, check the ticket to see which county you were cited in.

How long do I have to pay for fishing or boating violation?

Generally, these are civil infractions with fines that can be paid through the mail. A boating violation must be paid within 30 days of the date on the citation. That means that within the 30 days after the date of the ticket you may pay the fine and do not have to appear in court.

If you do not pay the fine before the 30 days is up or you intend to contest the charge, you must appear in court at the time and place designated on your ticket.

What constitutes a boating violation?

The following fall under county or municipal violations and are recognized as civil infractions for which you are fined accordingly.
Failure to carry required safety equipment on the boat
Anchoring to a channel marker or buoy
Failure to have current registration certificate
Careless operation of a boat

More Facts on Boating Violations

As with a traffic ticket, if you choose to go to court and contest the ticket, you waive your right to the civil penalty and can be assessed a fine of up to $500.
Anyone receiving two or more boating infractions within a 12-month period may be required to attend a boating safety course.

Statutes- View statutes Online Sunshine

www.flsenate.gov/Welcome/index.cfm

Seal and Expungement Rules

Florida Rule of Criminal Procedure: 3.692 www.flcourts.org
Florida State Statute 943 www.flsenate.gov/Welcome/index.cfm