Clerk ’ s CORNER Protect Your Clients ’ Interests and Avoid Unnecessary Arrests
by Karen E . Rushing Clerk of Court and County Comptroller
Did you know that there is a different record keeping process for the clerk depending on whether a case is transferred for venue or purely for disposition purposes ? A case that is transferred to Sarasota for the purpose of a plea does not result in the case being filed with the clerk according to Supreme Court rules . Accordingly , information about active , outstanding warrants that originated in the county from which the case was filed are likely to be unknown to the Sarasota Clerk .
As the volume of out of county cases being transferred to Sarasota for disposition purposes grows , litigants must be prepared to advise the court of the particulars of a case . An often overlooked aspect is the importance of addressing all of a defendant ’ s outstanding warrants at the time of the plea , especially those that remain active on the case from another jurisdiction . There are many times when a defendant resolving their case in Sarasota has outstanding warrants on a case that originated in another county . Imagine that your client resolves their out of county case in Sarasota with a non-incarceration sentence and the court is not advised that there are active , out-ofcounty warrants which result in your client ’ s subsequent arrest ! It is vital that litigants review their case file thoroughly for information about active warrants and advise the court of this issue to avoid an unnecessary arrest .
The clerk ’ s office is responsible for creating and maintaining the court ’ s record that is relied upon by other agencies . Whether the case is a Sarasota case or an out-of-county case , a warrant will remain active and may affect a defendant ’ s release unless it is addressed by the court .
When representing a person who is being sentenced on a case that originated outside of Sarasota , please be aware of warrants and other such matters that require the court ’ s attention . The Sarasota Clerk of the Circuit Court is committed to ensuring that court records are timely and accurately processed because they are heavily relied upon by other agencies . Neglecting to address an outstanding outof-county warrant can lead to a cascade of delays as a defendant ’ s release is contingent upon resolving all outstanding warrants . The failure to address outstanding warrants can lead to extended periods of incarceration for the defendant while warrant issues are resolved , after the fact . Litigants are encouraged to review their case file thoroughly for active warrants before resolving a defendant ’ s out-ofcounty case so that it may be addressed by the court and accurately captured on the record by the clerk . �
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