Direct Information
Most misdemeanor charges arise because the officer witnessed each part of the crime. For example, if someone is caught with drug paraphernalia during a traffic stop, they might be charged with possession of the drug paraphernalia based on the fact that the officer witnessed the possession and it occurred in the officer’s presence.
Likewise, for a DUI case, the officer is able to make an arrest only if the officer witnesses the crime being committed by seeing the defendant behind the wheel while impaired.
But what happens if the officer doesn’t witness the crime and the crime is not on a list of misdemeanors exceptions to the arrest warrant requirement? In those cases, the officer will forward his report to the State Attorney’s Office to determine whether the charges should be “direct filed.”
Usually, a civilian witness is the one asked by an officer to make a “direct file complaint.” The officer might decide to submit the charges to the State Attorney’s Office for review.
A direct file case occurs when the state attorney’s office files an information prior to the arrest of a defendant in either a felony or misdemeanor case.
If you were told that the report has been taken and the matter will be forwarded to the State Attorney’s Office, then you should hire a criminal defense attorney to represent you during this part of the process.
If you do nothing, then you might be served later with a summons to appear in court for “direct information arraignment.” The direct file information is most common for charges like criminal mischief, simple battery, or DUI.
For example, in a simple battery case charged as a misdemeanor, if the alleged victim wants to prosecute, then a prosecutor with the State Attorney’s Office might issue a summons that puts you on notice that you are required to appear in court for a direct information arraignment. The notice will list the judge assigned to the case along with the time and date of the arraignment.
At the arraignment in Hillsborough County, FL, the court will tell you about the charge pending against you and ask you whether you intend to hire a private attorney or need the court to appoint a public defender if you cannot afford a private attorney. If you fail to appear at the direct file arraignment, then the court might issue a failure to appear capias warrant for your arrest.
If you hire a private attorney prior to the arraignment, then your attorney might be able to waive your appearance so that you will not have to appear in court.
Attorney for the Direct File Arraignment in Tampa, FL
If a complaint was made against you triggering a direct information investigation, contact an experienced criminal defense attorney. We can contact the Assistant State Attorney making the filing decision to provide all of the evidence that shows you are innocent or should not be prosecuted because of an affirmative defense. We can figure out why the civilian witness is motivate to make false or exaggerated accusations. In some cases, we can pull surveillance video recordings or preserve evidence that might otherwise be lost due to the passage of time.
The attorneys at Sammis Law Firm often know the prosecutors making the filing decision. We understand how they make decisions and what evidence might help them decide not to prosecute. Hiring an experienced attorney is often better than representing yourself during a direct file investigation.
If you were served with a notice to appear for a direct file arraignment after a direct file information was filed at the courthouse in Tampa or Plant City in Hillsborough County, FL, then contact an experienced criminal defense attorney at Sammis Law Firm.
Call us to find out what happens at the arraignment in Hillsborough County, FL. Our main office is downtown. We represent clients throughout the Thirteenth Judicial Circuit in Hillsborough County, FL.
The attorneys at Sammis Law Firm represent clients at arraignments in the courthouse in Tampa and Plant City. Whether you were arrested and charged with a crime or whether you received a notice for a direct file arraignment, we can help.
Call 813-250-0500 for a free consultation.
Administrative Order Concerning Direct File Cases
ADMINISTRATIVE ORDER S-2024-062 (Supersedes Administrative Order S-2024-020) took effect August 15, 2024. The section of that administrative order related to direct file cases provides:
If the state attorney’s office files an information prior to the arrest of a defendant (direct file cases), the clerk will designate a sequential case number, reveal the proposed division, and assign the case to Division “O.”
The clerk will notate the proposed division in the progress docket of the case. The clerk will transfer the case to a circuit criminal division after the defendant has been arrested and booked on that case, except when a defendant who is not in custody in Hillsborough County files a demand for speedy trial under Rule 3.191 (b) in which event the clerk will transfer the case to a circuit criminal division immediately upon the filing of the demand for speedy trial.
What Does the Prosecutor Do in a Direct File Investigation?
An Assistant State Attorney will decide if there is evidence that is legally sufficient to support the criminal charge. If the State Attorney determines that the charges are legally insufficient then the case will be dismissed and you will have no further obligations. If the charges are determined to be legally sufficient, the State Attorney’s Office will main you a notice to appear in court which is sent to the address you provided to the officer. If you fail appear as required by the notice, then the judge will issue a warrant for your arrest.
Direct Complaints to the State Attorney’s Office
The State Attorney’s Office will accept direct complaints related to any Florida Statute that requires that the State Attorney is the primary investigative agency including:
- A violation of Florida’s Sunshine Law (Florida Statute § 286).
- Allegations of a violation of Florida Statute §832.05 (Worthless Checks).
- Allegations of violations of Florida Statute § 1003.26 (Criminal failure to send a child to school).
The State Attorney’s Office might also accept direct complaints related to an alleged violation of Florida’s Public Records laws (Florida Statute §119). Before accepting any complaint regarding a Public Records Law, the State Attorney’s Office might require the Complainant to have a pre-complaint meeting with the Public Records Custodian during which the complainant must provide the following information. The failure to produce the required information might result in a rejection of the complaint. Only an accepted complaint becomes a record of the State Attorney’s Office.
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- A copy of the public records request(s) and all associated correspondence.
- A copy of all notices of failure to comply with the public record laws that are required by statute.
- The name and identifying information of the person and the employing entity who is alleged to have violated the public records laws.
- The statutory or rule basis for the existence and preservation of the record.
- Proof of the existence of the record requested.
- All available, known proof that the alleged violation is intentional as opposed to unintentional or merely negligent.
Pursuant to Florida Statute 119.10(1), the State Attorney’s Office is not permitted to accept any merely “negligent” violation of Florida’s Public Records laws. Assertions of exemptions and confidentiality by a Public Records holding entity are not violations of Florida’s Criminal Public Records Law, and will not accepted as a criminal complaint. Furthermore, civil complaints fall outside of the jurisdiction of the State Attorney.
This article was last updated on Friday, January 16, 2026.
