Legal Question in Criminal Law in Florida

My brother was just convicted of a felony in marion county, FL. It was aggrevated assault with a deadly weapon. He says it was a bogus charge and that the cop lied because he was dating his ex-girlfriend. Apparently my brother had a knife on his belt (the deadly weapon) and he was talking to his ex and someone called the cops. Anyway, he denied legal councel because he thought it would get thrown out. Problem is, my brother is Bipolar and has been for many years. He refuses to believe he has a mental illness and will not take medicine. I know this is why he got into trouble, why he was drinking, and why he was convicted. Only a crazy person would refuse legal councel!! Anyway, is there any way for our family to appeal and bring up the bipolar illness to get his conviction overturned or send him to get medical help instead of jail time?


Asked on 8/19/10, 7:46 pm

1 Answer from Attorneys
Richard Hornsby Richard E. Hornsby, P.A.

I find it hard to believe that a judge accepted a plea to a second degree felony without at least appointing a public defender.

With that said, and assuming what you said is true, I think you write a letter to the judge asking to hold a competency hearing about your brother's mental issues. Otherwise, there is no basis for a person to appeal another person's case.

For more information on the crime of Aggravated Battery in Florida, please visit my website at www.richardhornsby.com.

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Answered on 8/24/10, 8:13 pm


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