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How do I go about getting another attorney when my public defender has been insufficent assistance of counsel

Chattahoochee, FL |

I am not guilty by reason of insanity In the state of florida. I would like to get a termination of jurisdiction from the court. Basically a order releasing/terminating jurisdiction. I am at florida state hospital a inpatient care facility. I have asked my public defender to send out experts to evalute me, so that I can be determined that I dont require court supervised follow up care. That would give the judge ground to terminate jurisdiction in my case. I have some barriers being that after I was locked up I lost my place of residence. And after being locked up I no longer have a job. However I will be collecting social security disablity insurance for being schizoaffective and be able to get food stamps, and section 8. My illness has been in remission for 2 and 1/2 years. What do I do?

Attorney Answers 4


  1. You have to hire private counsel. Criminal defense attorneys do not work for free but keep America free.

    R. Jason de Groot, Esq., 386-337-8239


  2. You do not mention if your current attorney has given you a reason for not having you evaluated or if he is simply ignoring you. If your attorney is not being responsive, you can threaten to file a bar complaint or inform the court to see if that motivates a response. You could also petition for appointment of new counsel. You could also seek to retain private counsel, but I'm assuming you do not have much money based on your posting. Good luck.

    I have been licensed to practice in the State of Oregon since 1990. I am not offering legal advice regarding your question, only general information regarding the law. You are not my client nor am I your attorney unless we sign a retainer agreement.


  3. You hire an attorney. You clearly have access to the internet. Use your access to search for attorneys that practice in or near the county where your case originated. Then contact these attorneys, or have family members not currently locked up do it for you. Hiring an attorney will cost money. If you have no money to hire an attorney, but do not think the attorney you currently have, you need to request a Nelson Hearing.


  4. If you can afford an attorney, you simply hire one. You don't get your choice of public defenders. You should certainly consider the possibility that you don't understand the appropriate procedures for when a defendant is either not guilty by reason of insanity or not competent to proceed as well as your public defender may. You should not expect an order releasing jurisdiction any time soon.

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