Legal Question in Criminal Law in Florida

Defend or Represent ?

Dear Sir,

My son of 19 was arrested and charged with 2nd degree assualt on another individual. He was given a court appointed attorney in January. Since then his attorney has spoken to him only once and that was for 10 minutes. The attorney also stated to me that he only had to represent my son, that he was under no obligation to defend him. It seems he has already sided with the proscecution. He told us he would recommend a guilty plea and a plea bargan. He said 6 years would be the recommendation. I feel like my son is being denied his legal right to proper representation and feel he is being sold out by a lazy lawyer. Can we request another attorney be appointed or at least protest the lack of representation. We are not wealthy and cannot affort 10-30 thousand like some can. What should we do. You help is greatly appreciated.


Asked on 5/03/02, 6:55 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Defend or Represent ?

First thing you need to do is to be realistic in your goals and ideals. The fees you quoted are grossly overstated for an attorney for a case of this type unless your son has a horrible record and then it is whatever the market will allow.

You are certainly entitled to complain to the court about the "lack of representation" and attitude of the attorney. Most likely, the judge will remove the attorney and appoint another. Alternatively, you can meet with private attorneys in your area and I am sure that you will find competent representation for an amount far less than you stated in your request.

Remember, you can attract more flies with honey than with vinegar. Insulting the legal profession when you speak with an attorney or ask for free advice is not a smart idea.

Scott R. Jay, Esq., 305-249-8000

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Answered on 5/03/02, 9:02 pm


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