Fillable Request to Transfer a New Case (Florida)

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Request to Transfer a New Case (Florida)

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The Request to Transfer a New Case (Florida) form is 5 pages long and contains:

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  • 2 check-boxes
  • 43 other fields

Country of origin: US
File type: PDF

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Request to Transfer a New Case
Explanation and Instructions – Please Read Carefully!
A “Request to Transfer a New Case” is a form that allows you to request a transfer of a new
criminal case(s) pending outside of the arresting county (i.e., pending criminal charges not in the
county of arrest) to be resolved locally. In other words, if you are housed in a jail outside of the
county where you have pending criminal charges, and you wish to resolve new pending charge(s) in the
county of arrest, you may request to transfer the case to the county where you are incarcerated.
You may not use this form for violations of probation or violations of community control.
This form should only be used if you have criminal charges pending outside of the arresting
county.
Instructions
(1)
Please fill out the attached form (“Request to Transfer a New Case”) in blue or black ink
and print legibly. The attached form may also be filled-in electronically.
a.
Write the correct case number, county, and circuit for your pending charges. The
more accurate information you provide, the quicker this request can be processed.
(2)
The attached form refers to “Home Court” and “Holding Court.”
a.
“Home Court” is the court where your case originated (i.e., where the arrest warrant
was issued).
b.
“Holding Court” is the court located in the county where you are currently in jail.
(3)
Once this form is completed, provide it to jail staff who will forward it to the “Holding
Court” judge who handled or will handle your first appearance.
(4)
Your completed form will be filed with the “Home Court.” It includes a “Response to
Request to Transfer a New Case,” which will be completed by the “Home Court” State
Attorney’s Office. Do not fill out the “Response to Request to Transfer a New Case.”
(5)
If the State Attorney’s Office agrees to the transfer, the “Home Court” Clerk of the Court
will transmit the necessary documents to transfer your case to the “Holding Court” Clerk
of the Court, and you will be called before this Court to address the pending charges.
Please understand that this request will only be granted upon the written approval of the
prosecuting attorney from the county where the charge(s) was filed.
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT
(“Home Court”)
IN AND FOR COUNTY, FLORIDA
(“Home Court”)
STATE OF FLORIDA,
v. CASE NO.:
,
Defendant.
/
REQUEST TO TRANSFER A NEW CASE
Defendant has been charged by information or indictment for criminal offense(s) arising
in (“Home Court”) County, Florida. However, Defendant is currently
incarcerated in (“Holding Court”) County, Florida, and due to the
current state of emergency, law enforcement cannot transport Defendant to
(“Home Court”) County, Florida, for prosecution.
Accordingly, pursuant to section 910.035(1), Florida Statutes, Defendant seeks transfer of
pending new (“Home Court”) County criminal case (case number
), to the ___________________ Judicial Circuit so that he or she may enter
a plea of guilty or nolo contendere.
(initial here) Defendant understands that by requesting this transfer, Defendant
waives his or her right to trial in the county in which the indictment or information is pending and
consents to the disposition of the case in the _________ Judicial Circuit in and for
__________________ (“Holding Court”) County, Florida.
(initial here) Defendant further acknowledges that transfer of the instant case is
subject to the approval of the prosecuting attorney of the court in which the information or
indictment is pending. If the instant case is transferred to the __________ Judicial Circuit for
resolution and Defendant chooses to enter a plea of not guilty, Defendant understands that the
instant case will be returned to the court in which the prosecution was commenced, and the
proceeding shall be restored to the docket of that court. See § 910.035(3), Fla. Stat.
Defendant Date
***This form, once completed, should be sent to the first-appearance judge and electronically filed
by the judge’s judicial assistant in the “Home Court” case and a copy to the home county State
Attorney’s Office.
CERTIFICATE OF SERVICE
I hereby certify that on this ________ day of _________________________, 20_____,
the foregoing Request was furnished to the below parties by U.S. Mail, hand delivery, or
electronic means to:
Original:
Clerk of the Circuit Court in and for County, Florida (“Home Court”)
Copies:
Office of the State Attorney, Circuit, in and for County, Florida
Defendant
By:
Person Sending Copies
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT
IN AND FOR COUNTY, FLORIDA
STATE OF FLORIDA,
v. CASE NO.:
,
Defendant.
/
RESPONSE TO REQUEST TO TRANSFER A NEW CASE
COMES NOW, , on
behalf of the Circuit State Attorney’s Office. I am the prosecutor
assigned to the above-styled case. I have received the Defendant’s “Request to Transfer a New
Case,” and I agree / do not agree to the transfer of the instant case for resolution in the
_______________ Judicial Circuit in and for County.
Respectfully submitted,
Name
Signature
Email
Phone
***If the Office of the State Attorney agrees with the request, the Clerk of the Court is
respectfully requested to transmit the papers in the proceeding (or certified copies) to the
appropriate Judicial Circuit Clerk of the Court, as required by section 910.035(a), Florida
Statutes, so that prosecution may commence. If the Office of the State Attorney disagrees
with the transfer, no further action by the Clerk is necessary, and the case will be tried in
the “Home Court.”
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CERTIFICATE OF SERVICE
I hereby certify that on this _______ day of __________________________, 20_______,
the foregoing Response was furnished to the below parties by U.S. Mail, hand delivery, or
electronic means to:
Original:
Clerk of the Circuit Court in and for County, Florida (“Home Court”)
Copies:
Office of the State Attorney, Circuit, in and for County, Florida
Clerk of the Circuit Court in and for County, Florida (“Holding Court”)
Defendant
By:
Person Sending Copies
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Request to Transfer a New Case (Florida)

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Completed 9 February 2021

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