Legal Question in Criminal Law in Florida

Re: Drug Case in FL

I am very reluctant to be critical of another attorney without knowing all the facts. It sounds like your attorney may not be able to represent both of you adequately. If one of your defenses is that the contraband material could belong to your co-defendant your attorney can't assert that as a defense while representing both of you.

The answer to your question about motions is simple. You can go to the clerk's office and ask to see the court file, it is public record. The original of all motions and pleadings filed by both the defense and the state are in your court file. All you need is your court case number. Not sure about "adjourment". You may be referring to "continuance." The length of time you describe is not cause for dismissal. Any defendant has the right to demand speedy trial and have their case heard within 60 days.

I think your biggest problem is that your lawyer is representing you and your co-defendant.

Re: Drug Case in FL

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

It is not ethical for any attorney to give you any legal advice while you are represented by another attorney. I do believe that your attorney has a blatant conflict of interest, however, if she is representing you and your co-defendant when your interests have a major conflict due to the issue of the drugs and gun which you say did not belong to you. You need to discuss this with her and she may have to withdraw from representing either or both of you as a result.

As to the delays, this is not unreasonable and is no reason to have the case dismissed. You can request a speedy trial through your attorney. You can personally view the case file at the clerk's office. It will contain the originals of everything filed in the case including any and all motions. Speak with her and ask all of your questions.

Scott R. Jay, Esq.