Law Office of JULIANNE M. HOLT

Transcription

1 TEL:(813) FAX:(813) Law Office of JULIANNE M. HOLT Public Defender Thirteenth Judicial Circuit of Florida 700 East Twiggs Street, Fifth Floor P.O. Box Tampa, Florida RE: Defendant s Pro Se Motion for Return of Property A Defendant s Pro Se Motion for Return of Property is related to your criminal case, but we cannot represent you unless the Judge appoints us to do so. Please find attached a sample format to be used in a Defendant s Pro Se Motion for Return of Property that you can use to file this motion. You will need to fill in all of the information in the spaces provided, including: your name, case number, and the trial division in which your case will be heard. Where indicated, circle the parts that apply to you and fill in the blank spaces. Instructions on how to complete your motion, order, and notice of hearing are attached. Be sure to keep copies of all of the documents. Do not put anything about the facts of the case in this motion. Sincerely, JULIANNE M. HOLT PUBLIC DEFENDER THIRTEENTH JUDICIAL CIRCUIT Legal representation and public service with dignity and respect Telephone (813) $ Suncom $ Address pd13@pd13.state.fl.us

2 INSTRUCTIONS 1. Please fill in your name, case number, and division on all of the attached documents: $ Defendant s Pro Se Motion for Return of Property $ Order On Defendant s Pro Se Motion for Return of Property $ Notice of Hearing 2. Fill in the blanks in the Motion, Order and Notice of Hearing. Words in bold and separated by a slash ( / ) signal a choice. You must circle one of the options. For example: $ If your case is a felony case (it has a ACF@ in the case number), it is heard in Circuit Court. Circle the word ACIRCUIT@ in the heading of the MOTION, NOTICE OF HEARING, AND ORDER. $ If your case is a misdemeanor case (it has a ACM@ in the case number), it is heard in Circuit Court. Circle the word ACOUNTY@ in the heading of the MOTION, NOTICE OF HEARING, AND ORDER. 3. Contact the judge s judicial assistant in order to get a hearing date on your motion. Call Court Information for the judicial assistant s number - (813) Once you have a hearing date, fill it in on the Notice of Hearing. 5. Sign the Notice and Motion (do not sign the Order). 6. Once the documents are completed, you must: $ File* the ORIGINAL Motion, Order and Notice of Hearing with the Clerk s office. $ If the case is a misdemeanor, file it with the County Clerk, located at 700 East Twiggs St., Room 752. $ If the case is a felony, file it with the Circuit Clerk, located at 800 East Kennedy, Room 202 (Courthouse annex). * AFiling@ means actual receipt of your motion by the appropriate clerk s office. Take the original signed motion and give it to the clerk in person. The clerk will time stamp your copy to verify delivery. Do not send this information via U.S. Mail. $ Drop off a COPY of the Motion and Notice to the State Attorney s Office, 3 rd Floor, 800 E. Kennedy. $ Send a COPY of the Motion and Notice to the agency holding your property: Tampa Police Department: Hillsborough County Sheriff s Office: Legal/Forfeiture Unit Legal Counsel Tampa Police Department Hillsborough County Sheriff s Office 411 Franklin St. P.O. Box 3371 Tampa, FL Tampa, FL Be sure to keep copies of all documents for your records.. 8. You must appear in court on the date and time that your motion is set or your motion will be denied.

3 IN THE [COUNTY/CIRCUIT] COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CRIMINAL JUSTICE DIVISION STATE OF FLORIDA, v. Plaintiff,, Defendant. CASE NUMBER: DIVISION: NOTICE OF HEARING TO: HONORABLE MARK OBER OFFICE OF THE STATE ATTORNEY THIRTEENTH JUDICIAL CIRCUIT YOU ARE HEREBY NOTIFIED that the undersigned will call up the motion listed below for hearing and argument before the Honorable Judge, in the Hillsborough County Courthouse Annex, on the day of, 20 at a.m./p.m. or as soon thereafter as may be heard. DEFENDANT S PRO SE MOTION FOR RETURN OF PROPERTY DATED at Tampa, Hillsborough County, Florida this day of, 20. Respectfully submitted, DEFENDANT, PRO SE cc OFFICE OF THE STATE ATTORNEY Legal/Forfeiture Unit, Tampa Police Department or Legal Counsel, Hillsborough County Sheriff s Office

4 IN THE [COUNTY/CIRCUIT] COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CRIMINAL JUSTICE DIVISION STATE OF FLORIDA, Plaintiff, CASE NUMBER: DIVISION: v., Defendant. DEFENDANT S PRO SE MOTION FOR RETURN OF PROPERTY COMES NOW, the Defendant,, Pro Se, and moves this Honorable Court to enter its order requiring the State of Florida through the Tampa Police Department / Hillsborough County Sheriff s Office to return certain property to the defendant, and as grounds would show as follows: [Check the box of any grounds that may apply. Circle any options that may apply indicated between the slash [/]. ] [ ] I was arrested on, 20. [ ] After I was arrested the Tampa Police Department / Hillsborough County Sheriff s Office seized certain property from me, including but not limited to the following: (include a complete description of all property to be released) [a] [b] [c] [d] [e] [ ] To allow the Tampa Police Department / Hillsborough County Sheriff s Office or the State of Florida to seize and maintain personal property without due process of the law violates my rights under the Constitutions of both the State of Florida and the United States of America.

5 WHEREFORE, the Defendant, Pro Se, respectfully requests this Honorable Court to enter its order requiring the State of Florida and the agency to return to the undersigned all personal property in their possession not found to be contraband or used as evidence in any criminal proceeding. I HEREBY CERTIFY that a copy of the foregoing motion has been furnished to the Office of the State Attorney of the Thirteenth Judicial Circuit, and Legal/Forfeiture Unit, Tampa Police Department, 411 Franklin St., Tampa, FL or Legal Counsel, Hillsborough County Sheriff s Office, P.O. Box 3371, Tampa, FL 33601, on this day of, 200. Respectfully submitted, (Print name) (Sign name) Address City, State, and Zip Code (Telephone Number) Defendant, Pro Se

6 IN THE [COUNTY/CIRCUIT] COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CRIMINAL JUSTICE DIVISION STATE OF FLORIDA, Plaintiff, CASE NUMBER: DIVISION: v., Defendant. ORDER ON DEFENDANT S PRO SE MOTION FOR RETURN OF PROPERTY THIS CAUSE having been heard by the Court upon the Defendant s Pro Se Motion for Return of Property, and the Court after hearing argument, and being otherwise fully advised in the premises therein, it is hereby: ORDERED and ADJUDGED that the Defendant s Pro Se Motion for Return of Property is hereby GRANTED/DENIED as to the following property: [a] [b] [c] [d] [e] DONE AND ORDERED at Tampa, Hillsborough County, Florida on this day of, 200. _ THE HONORABLE COURT JUDGE THIRTEENTH JUDICIAL CIRCUIT HILLSBOROUGH COUNTY, FLORIDA Copies furnished to: Office of the State Attorney; Legal/Forfeiture Unit, Tampa Police Department or Legal Counsel, Hillsborough County Sheriff s Office; and Defendant, Pro Se