Q: Can a Florida Judge force an indigent defendant to retain private counsel? The case is in Florida. My brother recently had a hearing in which both he and his Lawyer petitioned the court to… Scroll down to read more!
Q: Can a Florida Judge force an indigent defendant to retain private counsel? The case is in Florida. My brother recently had a hearing in which both he and his Lawyer petitioned the court to allow the Lawyer to withdraw from the case. The Lawyer is a private attorney not a public defender. My brother is indigent and disagrees with how the Lawyer is proceeding with the case. The Judge ruled that the Private Lawyer would remain on the case. Is it legal for a judge to force a defendant to continue using a private attorney if they disagree on the case and the defendant can no longer pay the lawyer?
Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/can-a-florida-judge-force-an-indigent-defendant-to-1911795.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO
5 lawyers agreed with this answer
Robert Jason De Groot
Criminal Defense Attorney – Deltona, FL
Lucas Style Lanasa
Criminal Defense Attorney – Tallahassee, FL
Nick Jay Dorsten
Criminal Defense Attorney – Clearwater, FL
Jimmy Allen Davis
Criminal Defense Attorney – Deltona, FL
Belkis Christina Plata
Criminal Defense Attorney – Jacksonville, FL
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Criminal Defense Attorney – Deltona, FL
Criminal Defense Attorney – Tallahassee, FL
Criminal Defense Attorney – Clearwater, FL
Criminal Defense Attorney – Deltona, FL
Criminal Defense Attorney – Jacksonville, FL
1
But just because the Judge cannot lawfully force an indigent defendant to retain / keep private counsel does not mean that s/he won’t.
As a practical matter it is the Judge’s courtroom and the Judge is free to make all of the legally incorrect (unlawful) orders / rulings that s/he wishes… all day long. The remedy will come in the form of an appeal (unless your brother is acquitted, in which case there will be no harm to cure).
I hope that I have been helpful in answering your question.
Michael A. Haber
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Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.
July 26, 2017 -
Thanks again. You are second to none when it comes to defending your clients. For that, I thank you
April 10, 2017 -
Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense
April 11, 2016
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