Legal Question in Criminal Law in Florida

Re: Forsett hearing

It is a hearing which takes place when a defendant's attorney may have a conflict which precludes that attorney from being able to represent the defendant. Specifically, the Court must hold a "Forsett hearing" to determine if the defendant is aware that there may be a conflict, whether that conflict will impair the attorney's ability to do an adequate job, and to advise the defendant that (s)he can obtain new counsel if (s)he so desires.

The Forsett Court explained it this way:

"When defense counsel makes a pretrial disclosure of a possible conflict of interest with the defendant, the trial court must either conduct an inquiry to determine whether the asserted conflict of interest will impair the defendant's right to the effective assistance of counsel or appoint separate counsel."

If you would like more information, please contact me at your convenience. This is a very significant stage of the proceedings, and should not be undertaken lightly.