Form 637 for Tallahassee Florida 2022-2025

Form 637 for Tallahassee Florida: What You Should Know

Florida Rules of Criminal Procedure — Form 29.3 The Florida Rules of Criminal Procedure are an informational booklet of rules and procedures pertaining to criminal proceedings. In Florida, the judge will give you and your attorney a copy of the Florida Rules of Criminal procedure. As an attorney representing clients, you have a duty to make sure that your client has been informed of the possible sanctions and penalties for the infraction. In certain circumstances, the judge may find an infraction to be an excuse for a conviction. The judge may not consider such an excuse to be the “only” or “primary” reason for the conviction. For example, the judge may determine that an infraction should not give rise to a felony conviction. In Florida, penalties for a first violation carry a one-year prison term. The two-year mandatory sentence for a third or more infractions is inapplicable to the conviction or an individual court order imposing a restitution order. An infraction carries a mandatory revocation of a person's driver's license. In certain circumstances, this revocation may be inextricably or completely intertwined with incarceration or the imposition of sanctions for the infraction, as discussed below. Payment of the Infraction Fee — If your offense was an infraction, you must pay a fee per offense (or as the case may be, per day.) Failure to pay the fee per infraction is a criminal offense. For each day you did not pay the fee, you are deemed to have received a monetary penalty. The sum of these monetary penalties is the infraction fee. The amount charged will vary based on several factors. For example, the court may order you to pay the fee in “additional installments,” which the court will set based on the seriousness of the violation; failure to pay the additional installments will make you liable for additional fees. In addition to the mandatory monthly payments, you will also be asked to pay a mandatory surcharge or assessment at the hearing (refer to Florida Rules of Criminal Procedure, rule 27.18). The court may also order you to pay the surcharge after a conviction, or if you are convicted of a misdemeanor and do not pay the monthly payments. Failure to Pay the Infraction Fee — In general, a court may order your driver's license suspended without conviction pending the payment of the infraction fee. If that happens, the suspension does not require a hearing.

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