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Pro Se typing a legal brief: I need the legal precedents for inadequate counsel, recusal of a judge related to an attorney.

Fort Walton Beach, FL |

Appeal filed on Adjudication Withheld DV 1st misdemeanor. I was NOT guilty. The Sheriff admitted in court he should not have arrested me. I feel the judge should have stopped the trial at that point. Also, the judge should have recused himself because he was related to my attorney, and my attorney was counting on a not guilty verdict based on his relationship to the judge and the admission of the arresting sherrif. This was DISMISSED in Civil court. My attorney advised me not to testify, and because I didn't, I lost the case and my reputation is ruined plus fines and domestic violence classes. Financially I'm a bust. I need legal precedents with case number citations for 1) inadequate counsel, 2) when a judge should recuse himself, 3) when a trial should be stopped if a bad arrest

Attorney Answers 4

Posted

See Section 38.10 of the Florida Statutes and Rule 2.160 of the Florida Rules of Judicial Administration regarding disqualification of a judge. The opinion of the officer is not necessarily a determining factor regarding guilt or innocence.

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Posted

Mr. Pro Se: You would better served to hire a lawyer to handle the matter ... There are a lot of issues and different ways to attack your problem......

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Posted

Regarding ineffective counsel, you will need to go down to a local law library or hire a3850 lawyer who can assist you. These issues are complicated and not handled well PRO SE or by yourself.

Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-588-6714 and specifically mention AVVO or email me at bill@thelawman.net and put AVVO in the subject line.

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Posted

I agree that you should seek an attorney to write this up and advise you. Many pro se ineffective assistance claims and post conviction motions are thrown out as insufficient. While some defendants are successful, it takes a great deal of work to do one correctly. You should look to hire someone with such an important task. This also has time constraints. Agreed also that whether the officer felt that he should or shouldn't have arrested you might not make a difference.

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