Legal Question in Criminal Law in Florida

My friend has cared for his wife with MS for 11 years. She kicked him out, then wanted him back, but he refused because he didn't want to return to an unhappy life. He has an 11 year old son. He went to pick up his son, and when he picked up a bowling ball bag, she hung onto the bag (he couldn't see) and pulled herself out of the wheelchair. He did not try to pick her up because she refused. his son did not see, but she yelled for him to call the police.

My friend went across the street to his in-laws, to stop the escalation, the police arrived, and he was arrested. He is now due to go to trial for this and could spend 1 year in jail and lose his job (of 18 years).

His son now claims that he witnessed the violence, but he did not. Her parents are giving depositions on my friend's behalf. The fire dept has been to his house 14 times since he moved out to put her back in the wheelchair that she falls from frequently. (This is documented in the prosecution's discovery) The public defender thinks his case is weak, due to the depositions of his ex wife and son. He has never been in trouble before. Should he be getting a private attorney?


Asked on 1/31/13, 10:01 am

2 Answers from Attorneys
Eric Trabin Lucid Legal, PLLC

I would advise he get a private attorney. Public defenders are real attorneys and many are very good, but they have such huge caseloads that they often cannot devote any time or special attention to a particular case. It sounds like your friend has a very difficult task ahead of him and it would be well worth the money to have an attorney who can give him individual attention.

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Answered on 1/31/13, 10:20 am
Natalie Hall The Law Office of Natalie D. Hall, P.A.

If he can afford, it he should get a private attorney to review the facts of the case, deposition transcripts, witness statements and all evidence to determine whether the case is a good one for trial or other alternative resolutions.

Natalie Hall, Esq.

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Answered on 1/31/13, 10:24 am


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