Judges / Judicial Power / Indigent Defendant / Private Counsel / Withdrawal by Counsel / Court Appointed Counsel / Nutty Judges / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI
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
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.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
Since 1991 Michael A. Haber, P.A. has an unblemished record of providing boutique criminal defense litigation services to many folks who have been accused of criminality.
Michael A. Haber, Esq. has creatively, effectively and zealously represented clients on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder.
Michael A. Haber, Esq. is prepared to speak with you about your case! At Michael A. Haber, P.A. “its all about reasonable doubt”!
1-888-SHARK-8-1, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.
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#HaberPA has been providing boutique Criminal Defense, DUI, BUI, Domestic Violence, Probation Violation, Seal and Expunge, and Victim Rights Advocacy representation since 1991.
When it comes to "The Four Cs" (i.e. Cops, Criminal Courts and Constitutions) your interests are almost always best served if you choose to "UPx2" (i.e. "Shut-Up" / invoke your 5th Amendment Privilege Against Self-Incrimination and "Lawyer-Up" - invoke your 6th Amendment Right to Counsel) and call #HaberPA, stat!
