Criminal — Misdemeanor (County Court) in Lee County, Florida

Misdemeanors — offenses punishable by up to one year in county jail (§ 775.08(2), Fla. Stat.) — are prosecuted in county court under the Florida Rules of Criminal Procedure. Criminal traffic charges such as DUI (§ 316.193, Fla. Stat.) and driving while license suspended are handled on this criminal side, not as civil infractions.

When a lawyer matters here

A criminal conviction — even a misdemeanor — can mean jail, probation, a permanent record, and immigration or license consequences. You have the right to a lawyer, and to a court-appointed public defender if you cannot afford one (Fla. R. Crim. P. 3.111; § 27.51, Fla. Stat.). Ask for counsel at your first appearance. This guide maps the procedure; it is not a substitute for a defense lawyer.

Where this case is heard in Lee County

Court: Lee County Court · Twentieth Judicial Circuit (Circuit 20)
Filing: e-file through the statewide portal at myflcourtaccess.com or in person with the Lee County Clerk of Court.
Local bench: 53 judges verified for Lee County — check the assigned judge's practice preferences before any hearing.

The procedure, step by step

1. First appearance within 24 hours
An arrested person who is not released earlier must be taken before a judge within 24 hours of arrest (Fla. R. Crim. P. 3.130). The judge advises of the charges, addresses pretrial release, and appoints the public defender for defendants who qualify as indigent (§ 27.51, Fla. Stat.; apply through the clerk under § 27.52).
2. Arraignment and entering a plea
At arraignment the charge is read and the defendant pleads guilty, not guilty, or no contest (Fla. R. Crim. P. 3.160). A defendant represented by counsel may file a written plea of not guilty, which ordinarily excuses appearance at the arraignment itself (Fla. R. Crim. P. 3.160(a)).
3. Discovery and the speedy-trial clock
Electing discovery under Fla. R. Crim. P. 3.220 obligates the state to disclose its witnesses and evidence and imposes reciprocal duties on the defense. Without a waiver, a misdemeanor must be brought to trial within 90 days of arrest (Fla. R. Crim. P. 3.191(a)).

Common questions

Do I get a public defender for a misdemeanor?: If you face jail time and cannot afford counsel, yes — § 27.51, Fla. Stat. and Fla. R. Crim. P. 3.111 provide for appointed counsel for indigent defendants. Apply for a determination of indigency with the clerk of court (§ 27.52, Fla. Stat.).
Can I represent myself in a criminal case?: Only after the judge conducts an on-the-record inquiry and finds your waiver of counsel is knowing, intelligent, and voluntary (Fla. R. Crim. P. 3.111(d)) — and the offer of counsel must be renewed at every later stage of the case.

Governing authority

Fla. R. Crim. P. 3.130 (first appearance); 3.111 (right to counsel); 3.160 (arraignment)
Fla. R. Crim. P. 3.191(a) (speedy trial — 90 days); 3.220 (discovery)
§ 27.51, Fla. Stat. (public defender); § 27.52 (indigency); § 775.08(2) (misdemeanor defined)

Procedural information only — not legal advice and not a substitute for an attorney. Statewide rules are summarized with citations; local practice varies by division and judge, so verify deadlines with the Lee County clerk and review the assigned judge's verified preferences on the Lee County page.

Criminal — Misdemeanor (County Court) in Lee County, Florida

When a lawyer matters here

The procedure, step by step

1. First appearance within 24 hours

An arrested person who is not released earlier must be taken before a judge within 24 hours of arrest (Fla. R. Crim. P. 3.130). The judge advises of the charges, addresses pretrial release, and appoints the public defender for defendants who qualify as indigent (§ 27.51, Fla. Stat.; apply through the clerk under § 27.52).

2. Arraignment and entering a plea

At arraignment the charge is read and the defendant pleads guilty, not guilty, or no contest (Fla. R. Crim. P. 3.160). A defendant represented by counsel may file a written plea of not guilty, which ordinarily excuses appearance at the arraignment itself (Fla. R. Crim. P. 3.160(a)).

3. Discovery and the speedy-trial clock

Electing discovery under Fla. R. Crim. P. 3.220 obligates the state to disclose its witnesses and evidence and imposes reciprocal duties on the defense. Without a waiver, a misdemeanor must be brought to trial within 90 days of arrest (Fla. R. Crim. P. 3.191(a)).

Common questions

Do I get a public defender for a misdemeanor?

If you face jail time and cannot afford counsel, yes — § 27.51, Fla. Stat. and Fla. R. Crim. P. 3.111 provide for appointed counsel for indigent defendants. Apply for a determination of indigency with the clerk of court (§ 27.52, Fla. Stat.).

Can I represent myself in a criminal case?

Only after the judge conducts an on-the-record inquiry and finds your waiver of counsel is knowing, intelligent, and voluntary (Fla. R. Crim. P. 3.111(d)) — and the offer of counsel must be renewed at every later stage of the case.

Governing authority

Fla. R. Crim. P. 3.130 (first appearance); 3.111 (right to counsel); 3.160 (arraignment)

Fla. R. Crim. P. 3.191(a) (speedy trial — 90 days); 3.220 (discovery)

§ 27.51, Fla. Stat. (public defender); § 27.52 (indigency); § 775.08(2) (misdemeanor defined)