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Order Certifying No Incarceration

An issue often arises in misdemeanor cases about whether the Court is required to enter an “Order Certifying No Incarceration.” Pursuant to Rule 3.994, Fla.R.Crim.P., the following standard form has been created.

IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

CRIMINAL DIVISION

State of Florida,

Plaintiff,

v.

___________,

Defendant.

Order Certifying No Incarceration

  1. The court hereby certifies that it will not impose any period of incarceration upon the defendant if their is a finding of guilty, a plea of guilty or nolo contendere on the substantive charge(s), or any probation revocation in this case.
  2. The court hereby finds that the defendant is not incarcerated in this case.
  3. Accordingly,
    • ___ The court declines to appoint counsel in this case.
    • ___ The court having found that the defendant will not be substantially prejudiced by the discharge of appointed counsel, counsel is discharged in this case.
    • ___ The court finds that the defendant would be substantially prejudiced by the discharge of appointed counsel, and, therefore, the court will not discharge counsel in this case.
  4. This certification of no incarceration may be withdrawn by the court after notice to the defendant unless the court has made a finding of guilt or the defendant has pled guilty or nolo contendere.
  5. If this order certifying no incarceration is withdrawn after appointed counsel has been discharged pursuant to this order, there shall be an immediate redetermination of indigency and appointment of counsel.

DONE AND ORDERED at Tampa, Florida, on _________________.

___________________________

COUNTY COURT JUDGE

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