Legal Question in Criminal Law in Florida

My Brother is in a fl county jail and has been since May 2011. Recently he wrote a letter to the Judge while awating his hearing for violation of probation. He has not been sentenced as of yet and the defense attorney is not doing what he should or requested for the best interest of my brother, this is the reason the letter was wrote and he requested to be present at this past hearing. He was not allowed to be present (per request of the defense) and now the court records are showing a motion for a "nelson hearing"? How and why did the motion come into play?


Asked on 8/29/12, 2:26 pm

1 Answer from Attorneys
Joseph Justice The Justice Law Firm

A "Nelson Hearing" happens when the defendant alleges his counsel is incompetent. He likely will end up with a new lawyer appointed after the hearing. The letter is probably the reason for the hearing. The defendant can not communicate directly (this is known as ex-parte communication because it happens outside the presence of opposing council) The judge will always forward a letter like that to both sides. In this case your brother will be able to air his grievances with his council to the judge.

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Answered on 8/29/12, 2:55 pm


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