Legal Question in Criminal Law in Florida

Conflict Attorney/ Kidnapping Case

My Son has been fond Guilty of Kidnapping as well as 4 counts of Sexual/Battery/Molestation. He was given a Conflict Attorney in the very small County that we live in. The Conflict Atorney saw him a total of 4 times in 2 years before trial, talked to him another 3 by short phone conversations. He (the Attorney) traveled to another state to do depositions in the Company of the Prosecuting Attorney. At 1 point I asked another Attorney if we could replace him, and was told if we did that My Son would have to Defend Himself! This Attorney opened his statement to the Jury with, '' Surprisingly, almost everything the prosecuter says is true'', My Son had/was pleading Not Guilty, from ther things went rapidly downhill.. from not a single witness for the defense being called, including My Son, to His Attorney NOT even questioning but 4 of the 19 witnesses called, AND, before Cross-examining them, He Checked with the Prosecuter about WHAT questions to ask! This was a case of a 12 yr.old (3 weeks from 13) packing a bag, writing her friends, and climbing out the bedroom window, all on her own, to run away with my 30 year old (albeit a stupid,foolish and very immature 30 year old) son. My question is: what appeal rights might we have? Thank-You


Asked on 9/06/06, 6:56 pm

2 Answers from Attorneys
Jay Rooth Moses and Rooth Attorneys at Law

Re: Conflict Attorney/ Kidnapping Case

you should consider filing an appeal within 30 days. Clearly there appears to be some serious issues with how your case was handled. I would recommend that youcontact an experienced appellate litigation attorney. Youmay want to try and contact ROBERT SIRIANNI. [email protected] He focuses his practice almost exclusively to these types of cases.

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Answered on 9/07/06, 8:19 am
Valerie Masters Valerie Masters, P.A.

Re: Conflict Attorney/ Kidnapping Case

Depos are always in the presence of the prosecutor.Your son can file an appeal within 30 days of sentencing and a 3.850 for ineffective assistance of counsel after the appeal is decided.

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Answered on 9/06/06, 7:48 pm


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