Pretrial Supervisor, Scott Peckham

Team Lead, Michelle Nieves

Pretrial Officer, Ariel Adames

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Pretrial Officer, Enrique Rosario

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Pretrial Officer, Lisa Vagle

Pretrial Officer, Melissa Whittington

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Pretrial Services may assist those with pending criminal charges who wish to apply for the services of the Public Defender, pursuant to Florida Statute §27.51, with the completion of the Application for Criminal Indigent Status. This includes pending felonies, misdemeanors, a violation of Chapter 316 of Florida Statute punishable by imprisonment, criminal contempt or a violation of a county or municipal ordinance ancillary to a state charge.

An application can be printed and completed or a person can apply in person at the Pretrial Services Office located on the third floor of the Lee County Justice Center, 1700 Monroe Street, Fort Myers, FL 33901. Note the entire application must be complete with the full name and any applicable case number(s). The application will be processed in our office and a pretrial representative will advise whether a person qualifies based on Federal Poverty Guidelines. Note there is a mandatory $50 application fee assessed, regardless of determination, which must be paid to the Clerk of Court located on the first floor of the Justice Center.

You may contact the Public Defender’s office at 239-533-2911 after 10 days of being appointed to find out who has been assigned to your case, and to inquire as to when you may discuss your case with your attorney. If you questions regarding completion of the application, you may contact our office at (239) 533-8400 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.

FORMS:

• PD Application

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The Intake & Investigation Unit has in place a comprehensive pre-release interview and investigative process, operating twenty-four hours a day/seven days a week. Pretrial officers collect, investigate and verify demographic information and criminal history for every defendant booked into the Lee County Jail. Pretrial officers assess risk and need through the use of a Validated Risk Instrument and also determine indigence for appointment of counsel on new criminal violations. Pretrial officers also identify veterans, and those with substance abuse and mental health needs, and refer those eligible for specialty court programs.

Pretrial officers attempt contact with victims in domestic violence cases prior to First Appearance. The victim is provided with information regarding First Appearance and the injunction process and offered an opportunity to voice any specific concerns for the court to consider.

FAQ:

1. How do I bond a defendant out of jail?
   Please contact the Lee County Sheriff’s Office at 239-477-1500 or visit www.sheriffleefl.org.

2. Why is a defendant unable to bond prior to First Appearance?
   A defendant may bond prior to First Appearance if the present charge is on the monetary bail schedule and he/she is not held for court due to being a danger to the community or flight risk. This may include whether a defendant is a violent felony offender, sexual offender, on current supervision status or has pending charges.

3. How do I obtain my property?
   You can contact the arresting agency or the Lee County Jail if secured after arrest at 239-477-1500 or visit www.sheriffleefl.org.

4. How do I obtain a copy of the arrest report?
   You can contact the arresting agency or request a copy at the Clerk of Court on the first floor of the Justice Center, or visit www.leeclerk.org.

LINKS:

• Bond Schedules
• Court Schedules

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Pretrial officers review all non-sentenced incarcerated defendants, prior to arraignment, and place appropriate non-violent misdemeanor cases on a Jail Management Docket for potential release from custody or early resolution of the case. Jail Management is typically reviewed on Tuesdays and Fridays at the start on First Appearance in courtroom 3D, unless modified by the judge or court holiday.

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Pretrial officers attend First Appearance proceedings daily and furnish the judiciary with defendant background information and criminal history and provide a recommendation for resolution or release on appropriate cases. First Appearance is scheduled at 9:30 AM on weekdays and 9:00 AM on weekends and court holidays, unless modified by the judge. First Appearance is located in courtroom 3D on weekdays and courtroom 2A on weekends and court holidays.

Any person may observe First Appearance and may request to be heard by the presiding judge. You should arrive fifteen minutes prior to the scheduled start time and inform the bailiff upon arrival who you are present for in court.

FAQ:

1. When will the defendant be released?
   Once the judge orders release, the defendant will be processed at the jail and be released usually within a few hours typically after posting a monetary bond. The defendant will be afforded a phone call to arrange for transportation.

2. What happens if a defendant is ordered pretrial supervision?
   If eligible, the defendant may be released without having to post a bond. The defendant will be required to report for an orientation and regular check-ins, and abide by specified conditions that will be reviewed prior to release.

3. What do these special conditions mean on my court order?
   The judge may order special conditions that continue in effect until disposition of the case or until modified by a court with jurisdiction over the case. Any violation may result in arrest without bond.

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The Case Supervision Unit supervises defendants released on pretrial supervision. Pretrial officers utilize a differentiated case supervision approach, determining risk factors based on needs assessments, special conditions and current charges. Standard conditions include reporting as instructed, remaining at liberty without violating any laws, notification of demographic changes and complying with special conditions such as drug screens and no contact provisions. Pretrial officers determine reporting plans based on risk and needs. Pretrial officers additionally remind defendants of court dates to increase court appearance. Motivational interviewing techniques are applied as an effective to tool to impact positive behavior change.

FAQ:

1. Where do I report?
   The pretrial office is located on the third floor of the Justice Center at 1700 Monroe Street, Fort Myers, FL. You may print and complete the Supervision Report and bring with you or complete in person. The main line is 239-533-8400.

2. How long must I report to the pretrial office?
   Pretrial supervision is in effect through disposition of the case(s) or until modified by a court with jurisdiction over the case.

3. How do I modify pretrial supervision?
   Pretrial supervision may only be modified by a court with jurisdiction over the case. A motion may be filed with the presiding judge.

4. How do I modify my reporting plan?
   You may request modification of your reporting plan through your assigned pretrial officer. Be prepared to justify the need to modify such.

5. How do I obtain a copy of the approved Provider List?
   You may request a copy at the pretrial office or via email through your officer through the CONTACTS tab.

6. Can I conduct my drug testing or education at an alternative provider?
   This will be at the discretion of the pretrial officer based on the circumstances provided.

7. How can I change my address or phone number on file?
   You must immediately report any and all changes of address, telephone numbers, and/or change in employment to the pretrial department. You may update in person at the pretrial office, via email through the CONTACTS tab or by phone at 239-533-8400.

8. Can I travel out of state?
   You must report to the pretrial office to request a travel permit. You must provide the purpose of the trip, method of travel, destination contact information, expected return date and any other proof requested by the pretrial officer.

9. What do I do if I miss a check-in?
   You must report in person or call your pretrial officer immediately to reschedule.

10. What if I cannot make a court date or have missed a court date?
    You should contact your attorney.

11. How can I find out if I have an active warrant for my arrest in Lee County?
    You may contact the Lee County Clerk of Court at 239-533-5000 or visit www.leeclerk.org, contact the Lee County Sheriff’s Office Warrants Division at 239-477-1690 or visit www.sheriffleefl.org.

FORMS:

• Supervision Report

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Pretrial officers manage the misdemeanor diversion ninety-day program. The program redirects criminal justice resources to more serious crimes and those that warrant prosecution while providing a meaningful response to particular conduct. The majority of defendants are diverted prior to arraignment, thereby alleviating the need to be heard on a court docket. Pretrial officers ensure eligibility, review agreements explaining and ensuring all required conditions are met, and report compliance to the State Attorney's Office. Defendants successful in the program will have charges dismissed.

FAQ:

1. How can I get referred for diversion?
   The State Attorney’s Office will review your case and determine if you are eligible for diversion based on criminal history and facts of the case.

2. How do I pay diversion fees?
   Cost of supervision and prosecution must be paid in via mail, by phone or in person at one of the following locations:

   IN PERSON: The Lee County Justice Center 1700 Monroe Street in Fort Myers, FL 33901

   The Cape Coral Government Complex, 2nd floor 1039 SE 9th Place Cape Coral, FL 33990

   
   

   ONLINE: MAKE PAYMENT ONLINE

   BY MAIL:
   Money orders should be made payable to Lee County Clerk of Court. Payment by mail to:
   Lee County Clerk of Court
   PO Box 2507
   Fort Myers, FL 33902-2507

   BY PHONE:
   Credit card payments are accepted by phone at 239-533-5000.

   Note pursuant to Florida Statute 27.52, the $50 public defender application fee must be paid prior to all other financial obligations, where applicable.

3. How can I pay restitution?
   Restitution must be made payable to the victim in the form of money order or cashier’s check and delivered directly to the pretrial office at 1700 Monroe Street. Note the case number on each.

4. How can I obtain a copy of the approved providers?
   You can report in to the Pretrial Services office to pick up a copy or request via email through the CONTACTS tab.

5. How can I seal my records?
   Visit www.fdle.state.fl.us/Content/home.aspx for complete instructions.

6. Do I need to appear for my court date?
   You need to appear for your court date if all diversion conditions are not met by your termination date or you are unsuccessfully terminated for any reason.

7. How do I obtain proof of successful completion?
   You can request a copy of your Status Report at the pretrial office. The notice of your dismissal is otherwise mailed by the State Attorney’s Office within 4-6 weeks of case termination.

FORMS:
Community Service Log
Approved Community Service List
Information Sheet

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Differentiated case management procedures were developed in Lee County in 2008. The procedures were established to improve predictability, efficiency and timely disposition of felony criminal cases in the circuit court and to ensure compliance with provisions and aims of the Florida Rules of Criminal Procedures. Techniques allow for management of cases according to their nature and complexity with early disposition of appropriate cases to allow for individual judge management on more complex cases. The Case Management Unit provides direct support to the judiciary presiding over felony cases.

Pretrial officers monitor case processing goals and standards and communicate to the stakeholders a heightened awareness of particular statuses. Pretrial officers ensure early representation of counsel, and track case events while coordinating scheduling for motions, grouping attorneys cases together, consolidating pending cases for the same defendant and ensuring a manageable number of cases are scheduled for each session. Pretrial officers document case notes to provide to the judiciary with detailed events and progress, coordinate trial calendars and senior judge backup. Pretrial officers also research inactive felony cases to facilitate case closure and generate performance measures and age pending reports for each respective felony judge.

There are five circuit judges assigned to the felony division, resulting in a five week rotation schedule, as follows:
Week 1- Case management Week- Arraignments, Case Management and Pretrial Conferences
Week 2- Motions Week
Weeks 3, 4 and 5: Trial Call/Trial Week 1, 2 and Complex Trial Week

Division Information:
Division D- Honorable Joseph Fuller
Case Manager- Pretrial Officer Kimberly Hart,

Division E- Honorable Bruce Kyle
Case Manager- Team Lead Candy Caughey,

Division F- Honorable Nicholas Thompson
Case Manager- Pretrial Officer Frank Kanaski,

Division R- Honorable J. Frank Porter
Case Manager- Pretrial Officer Maureen Ganim,

Division S- Honorable Margaret Steinbeck
Case Manager, Team Lead Ashley Cohen,

Tracks and Time Goals:
Prior to or at felony arraignment, the State Attorney's Office assigns all new felony cases opened by the Clerk of Court a "track" designation. Below is a graph to understand the track flow process in all Felony Criminal Cases.

Case Flow Process
To help better understand, below is a graph to illustrate the process of a criminal case and what to expect at the various hearings:

Key Terms:

Early Resolution Court (ERC) - This docket is used for the quick disposition of many 3rd degree felonies. The ERC calendar is held twice monthly and presided over currently by a Senior Judge, the Honorable Hugh Starnes. The State Attorney's Office (SAO) refers cases to the ERC calendar based on the charge as well as the defendant's criminal record. This docket was developed to help the regular felony track judges concentrate more time on cases seeing motions and trials rather than cases easily resolved with a plea at their first hearing. The ERC date provided at Arraignment is often earlier than the normal Case Management Conference (CMC) date that a defendant would be provided. Most cases on the ERC calendar resolve with either a plea to probation, Felony Diversion, PreTrial Intervention, jail time, or a nolle prosse.

Nolle Prosse/Nolle Prosequi/Nol Pros - A term used in reference to a formal entry upon the record made by a prosecutor in a criminal action in which that individual declares that he or she wishes to discontinue the action as to certain defendants, certain issues, or altogether. In Latin, nolle prosequi "we shall no longer prosecute".

Speedy Trial - In criminal prosecutions, the right of a defendant to demand a trial within a short time since to be held in jail without trial is a violation of the "due process" provision of the 5th Amendment (applied to the states by the 14th Amendment). Each state has a statute or constitutional provision limiting the time an accused person may be held before trial. In Florida, a person charged for a felony arrest, the law has set 175 days as a reasonable time for affording a speedy trial. Charges must be dismissed and the defendant released if the period expires without trial. However, defendants often waive the right to a speedy trial in order to prepare a stronger defense, and if the accused is free on bail he/she will not be hurt by the waiver.

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The Felony Drug Court program is a court-supervised, comprehensive treatment program for individuals involved in the criminal justice system with substance abuse issues. This program is designed to divert cases from the traditional court system, while helping defendants recover from drug and alcohol addiction, stay in recovery and become productive members of society. This program provides immediate and concentrated treatment, which includes supervision and monitoring by a drug court team, and a drug court Judge. The drug court team works with and helps the defendant to comply with requirements, but defendants must be committed to recovery to be successful in this program. Entry into the program is completely voluntary, but compliance is required while in the program and the defendant does not decide to stay or leave the program.

LEE COUNTY DRUG COURT PROGRAM:

The Felony Drug Court program is a specialty court designed to provide the tools and structure needed for individuals in the criminal justice system facing felony charges who suffer from drug and alcohol addiction. It combines a unique team consisting of a Drug Court Judge, attorneys, treatment professionals, and other highly dedicated court officials, who work together on each individual’s case to provide the best support, structure, and services available for long term recovery and success. Final acceptance is determined by the Court, pursuant to Florida Statute 397.334.

The designated Administrative Office of the Courts (AOC) employee tracks all referrals and investigates backgrounds to verify initial eligibility for the program. The designated AOC employee attends staffing and court regularly to inform the Drug Court Judge of defendants’ progress, compliance and history of court outcomes. The designated AOC employee serves as a liaison between the team and the court.

FAQ:

1. What is the goal and purpose of the Lee County Drug Court program?
   While there are many program goals, the primary goal is to give defendants with severe drug addiction the tools needed to overcome their addiction, maintain a drug free life and become functional members of society. This goal and purpose affords tremendous potential rewards for defendants who commit to the program as many go on to repair the relationships with family, friends, spouses, and other members of the community.

2. What are the requirements to get into Drug Court?
   The defendant must currently be facing a felony charge which can be a violation of probation or a new charge or both. Current or past criminal charges alleging acts of violence or sexual misconduct are generally not acceptable for program entry, although referrals are reviewed on a case by case basis. The defendant must be someone who suffers from drug addiction who seeks help in becoming a sober and functional member of society.

3. How can someone apply to get into Drug Court?
   A family member, friend, attorney, or other can complete a Drug Court referral form and submit to the State Attorney’s office or Pretrial Services via fax or mail (see below). The State Attorney’s office, Public Defender’s Office or Pretrial Services can also refer an individual for Drug Court internally.

4. Once someone is accepted into Drug Court, how long must they remain in the program?
   The program is made up of 5 phases, with phase 5 being aftercare. Each phase has requirements, benchmarks and goals which must be met before advancing into the next phase. In total, a motivated and determined defendant can complete the Drug Court program in 15 months but may take considerably longer for someone who is not committed to maintaining sobriety.

5. What happens if someone in the program continually struggles with their addiction even after they have begun to receive treatment?
   Defendants who continue to struggle with addiction but are honest and showing effort in working toward seeking a drug free life will be reexamined periodically to ensure they are receiving the appropriate level of care. The Drug Court team and Judge will make all efforts to increase treatment to a higher level of care for those individuals in need. Individual and community safety is of utmost concern and always considered during the decision making process which may include a period of incarceration while a defendant is awaiting bed space at any given treatment facility. Ultimately, the Drug Court team and Judge work tirelessly with defendants who are willing to put forth the effort needed to sustain a life of sobriety.

6. What goes on day to day for those individuals placed in Drug Court?
   Defendants in Drug Court who are working a good recovery program are very busy with a full schedule of varying activities focused on a life of sobriety. Although daily routines will vary from person to person, the average defendant placed in Drug Court will attend daily recovery support meetings [NA, CA, AA or similar], weekly or bi weekly individual meetings with a dedicated substance abuse clinician, weekly group meetings, monthly meetings with their probation officer, work diligently with a sponsor on the 12 steps of recovery, abide by curfew limitations, obtain employment consisting of at least 20 hours weekly, if unemployed perform community service at a minimum of 20 hours weekly, attend weekly, bi-weekly, or monthly court appearances depending on phase, submit to random and observed drug screens as directed, and follow all other handbook rules.

FORMS:

• Drug Court Program Brochure
• Drug Court Referral Form
• Drug Court Release of Information Form

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LOCATION & TIME

The Honorable Josephine Gagliardi and The Honorable H. Andrew Swett preside over the Lee County Drug Court program. Court is typically held on Monday at 2:30 pm and Thursday at 1:30 pm in Courtroom 5G on the 5th floor of the Lee County Justice Center located at 1700 Monroe Street, Fort Myers Florida 33901.

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INFORMATION/CONTACTS

For more information about this program and/or to make a referral, please contact Lee County Criminal Division/Pretrial at (239) 533-8400. A referral form (download above) may also be submitted. For additional information contact:

Stacy Stiens
Fax Number: Attn: Stacy Stiens 239 485-2510
Administrative Office of the Courts
Lee County Treatment Courts
1700 Monroe Street
Fort Myers, FL 33901

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The Florida Corrections Accreditation program offers the opportunity to evaluate an agency's operations against standards developed by the Florida Corrections Accreditation Commission and the Association of Pretrial Professionals of Florida. This process allows administrative staff to remedy deficiencies and upgrade the quality of the agency's programs and services. The benefits from such a process include:

• Standards reinforce legislative intent
• Increases judicial confidence through standardized accurate information for release and detention decisions
• Increases uniformity within community supervision programs with reciprocal increase in public safety
• Increases interagency information sharing
• Increases integrity of criminal justice process and the agency's role
• Potential reduction in agency liability from lawsuits
• Allows for independent verification of business practices, which increases pretrial agency accountability
• Standards foster education resulting in improvements for all parties (defendant, agency, public)
• Accreditation program may foster pretrial program expansion due to increased recognition and credibility
• Ensures policies and procedures are documented in writing and defendable

The Lee County Pretrial Services Department received initial accreditation in 2009, and was re-accredited in 2012 and 2015. For more information on accreditation, please visit www.flaccreditation.org/

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