Florida Public Defender cases refer to legal cases in which individuals are represented by a public defender, an attorney appointed by the government to provide legal defense for individuals who cannot afford to hire private counsel. Public defenders play a crucial role in the criminal justice system and ensure that individuals have access to legal representation, regardless of their financial circumstances. Public Defender cases in Florida can encompass various criminal offenses, including but not limited to: 1. Felonies: Public defenders represent individuals who have been charged with serious criminal offenses such as murder, sexual assault, robbery, drug trafficking, or burglary. These cases typically involve a potential prison sentence of one year or more. 2. Misdemeanors: Public defenders handle cases involving less severe criminal offenses, such as petty theft, disorderly conduct, possession of controlled substances, or driving under the influence (DUI). Misdemeanor cases typically carry a maximum sentence of one year in jail. 3. Juvenile Cases: Public defenders also represent minors who are charged with criminal offenses, ranging from minor misdemeanors to serious felonies. These cases are handled in the Juvenile Justice System, which aims to provide appropriate rehabilitation measures and guidance for young offenders. 4. Appeals: In addition to trial representation, public defenders may handle cases involving appeals. This includes challenging the verdict or sentence passed by a lower court, arguing that errors or constitutional violations occurred during the initial trial. 5. Probation and Parole Violations: Public defenders may represent individuals who have violated the terms of their probation or parole. These cases involve working towards minimizing the consequences, such as avoiding additional jail time or modifying the conditions of supervision. 6. Mental Health Cases: In some instances, public defenders may represent individuals with mental health issues who face criminal charges. These cases may involve advocating for alternative sentencing options focused on treatment and rehabilitation. Public defenders in Florida work diligently to ensure that defendants' rights are protected throughout the legal process. They investigate cases, gather evidence, interview witnesses, negotiate with prosecutors, and advocate for their clients' best interests in court. The ultimate goal is to ensure fair and just outcomes for individuals who may not have the means to afford private legal representation. Keywords: Florida Public Defender cases, legal representation, criminal justice system, felony, misdemeanor, juvenile cases, appeals, probation violations, parole violations, mental health cases.
Florida Public Defender Case
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FAQ
(1) Counsel shall be appointed to represent any individual in a criminal or civil proceeding entitled to court-appointed counsel under the Federal or State Constitution or as authorized by general law. The court shall appoint a public defender to represent indigent persons as authorized in s. 27.51.
Section 27.40, Florida Statutes, requires the Chief Judge to compile and maintain a registry of attorneys available for appointment in specific cases when a conflict of interest arises. The registry is to include qualified and experienced attorneys compiled by county and by category of cases.
A Public Defender cannot represent you until the court appoints one to your case. Defendants must apply and qualify for the services of the Public Defender's Office. How do I qualify for a Public Defender? You need to fill out an Affidavit of Insolvency which you get from the Clerk of Court or a Public Defender office.
As defined in Florida law, a judge can appoint the public defender to represent a person who has income that is equal to or less than 200 percent of the current federal poverty guidelines or is unable to pay for the services of a private attorney without significant hardship to his or her family.
There is a $50 non-refundable fee to apply for a public defender to represent you, but you cannot be denied representation if you don't have the money.
Will I have to pay for my public defender? The law requires a $50 fee for appointment of a public defender. If this fee is not paid initially it will be assessed at the conclusion of the case. There also may be fees assessed for your lawyer as well as prosecution costs and court costs if you are found guilty.
There is a public defender in each of Florida's 20 judicial circuits. A public defender is appointed to represent the defendant by the presiding judge once it has been determined that the individual cannot afford legal counsel. Public defenders are elected in each circuit for a four year term.
