How Criminal, Civil Courts Work

Here are some basics about the court system in Polk County:

Legal cases are generally classified into one of two categories: civil or criminal.

Civil cases include lawsuits, divorces, child support and paternity, some domestic violence, and foreclosures.

Civil cases can be filed in Circuit Court or County Court. Circuit Court handles cases that involve more than $15,000. County Court handles smaller monetary amounts as well as evictions.

Criminal cases typically start when law enforcement officers make an arrest.

Defendants who are arrested and held in jail must be brought before a judge within 24 hours for a first appearance hearing. At this proceeding, the judge determines whether to hold a defendant in custody or to set bail.

Bail is property or cash posted as a guarantee the defendant will show up for future court hearings if released from jail.

Next, an arraignment hearing takes place in which defendants enter initial pleas - guilty or not guilty - to the charges against them.

Hearings are held to finalize issues regarding evidence, a defendant's competency to stand trial and other matters before going to trial.

The State Attorney's Office for the 10th Judicial Circuit in Bartow reviews information provided by law enforcement to decide whether to prosecute the case.

If no formal charges are filed, prosecutors issue a "no bill" to close the case.

If prosecutors elect to move forward with formal charges, the state files an "information" or a document to charge the defendant with a crime.

Many criminal cases do not go to trial because they are often resolved through plea-bargaining.

Defendants may change their pleas to the charges or enter a new plea to less severe charges in exchange for the State Attorney's Office doing such things as dropping other charges against the defendant or recommending a lighter sentence.

Besides pleading guilty or not guilty, defendants can choose to plead "no contest" or "nolo contendere," which means that a defendant doesn't admit guilt but also doesn't dispute the charges.

However, the defendant still accepts the conviction.

Defendants who cannot afford to hire a lawyer are generally represented by the Public Defenders Office.

For those younger than 18 years old, criminal cases are handled by Juvenile Court unless they are charged as
adults.

Icon	Title	City
	Polk County Courthouse	Winter Haven
	Polk County Courthouse	Lakeland
	Polk County Courthouse	Lake Wales
	Polk County Courthouse	Bartow

Title	City
Polk County Courthouse	Winter Haven
Polk County Courthouse	Lakeland
Polk County Courthouse	Lake Wales
Polk County Courthouse	Bartow