Can the court appoint a public defender to a defendent charged w aggrevated battery w firearm & 2nd. charge convicted felon

Attorney answers (3)

1. Licensed in FL

   

   Geoffrey Mason

   Gainesville Criminal Defense Attorney

   Contributor Level 11

   3

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   Answered July 04, 2009 09:32. In Florida, indigent clients are generally appointed the Office of the Public Defender and get an attorney who is a full time criminal defense lawyer employed by the Office of the Public Defender for that judicial circuit, and who specifically appears, and has extensive experience against the prosecuting attorneys, in the county where the case was charged.
   
   There are times when the Office of the Public Defender has a conflict of interest in representing a defendant -- for example, if there are multiple co-defendants,or if a witness or victim are already represented by the Office of the Public Defender. In those cases, the Public Defender withdraws from the case, and then the Judge appoints the Regional Conflict Counsel. The Regional Conflict Counsel generally has attorneys that are defense attorneys, regularly practicing in the county against the local prosecuting attorneys.
   
   There are times when the Regional Conflict Counsel also has a conflict of interest in representing a defendant -- generally along the same lines as the Public Defender -- if they represent a co-defendant, witness, or victim. In those cases, the Regional Conflict Counsel withdraws and then the Judge appoints an attorney who is on the local indigent conflict services registry.
   
   Each judicial circuit has a different requirements for what minimum standards need to be met for an attorney to be on the indigent conflict services registry to allow them to be appointed indigent defendants.
   
   I practice in the Eighth Judicial Circuit here in Gainesville, and I believe that Jupiter is in Palm Beach County, in the 15th Judicial Circuit - so I am not intimately familiar with their, process -- but you can get more information here: http://15thcircuit.co.palm-beach.fl.us/web/gues...
   
   Specifically, you can also take a look at the 17 page application form any attorney would have to fill out and that would have to be reviewed by the local Indigent Services Committee before a private attorney would be allowed to be appointed a case by a Judge on a conflict of interest through this process described above: http://15thcircuit.co.palm-beach.fl.us/c/docume...
   
   The Florida Rules of Ciminal Procedure also allows Judges to appoint attorneys to cases as needed in very specific situations for indigent clients, if the process described above will not suffice.
   
   That all being said, all practicing attorneys in Florida must adhree a strict code of ethics put forward by the Florida Bar, of which all practicing attorneys in Florida are members.
   
   If there are specific things that the attorney did incorrectly, or things that the attorney did not do that the attorney should have done -- there may be grounds to appeal any negative outcome of the representation, but those are very specific questions based on the unique circumstances of the case.
   
   Geoffrey Mason
   Schackow, Mercadante & Edwards
   Attorneys at Law
   http://www.lawfl.net

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2. Licensed in FL

   

   Richard Hornsby

   Orlando Criminal Defense Attorney

   Contributor Level 16

   1

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   Answered July 04, 2009 10:50. It appears the public defender was not appointed because they had a conflict (likely represent the co-defendant) and the regional conflict office was not appointed because they too had a conflict (another co-defendant) and that is why the court appointed a private lawyer.
   
   Regardless, the court is not required to appoint someone who specializes in criminal law; only someone who is willing to take on a criminal case. And usually, the court's require that any private lawyers on their registry have a certain minimal amount of criminal experience.
   
   Finally, just because someone did not get off, it does not mean they had a bad attorney. The outcome of a case is dictated more by the facts of the case and evidence available than the lawyer.

   • Richard Hornsby, Board Certified Orlando Criminal Trial Lawyer

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3. Licensed in FL

   

   Roger P. Foley

   Fort Lauderdale Criminal Defense Attorney

   Contributor Level 11

   Answered November 16, 2009 17:33. conflict counsel are surveyed to determine their qualifications prior to being placed on a list to be appointed

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