Legal Question in Criminal Law in Florida

How long does the justice system have to get legal representation for a defendant either public defender or private attorney?


Asked on 12/16/09, 12:17 pm

2 Answers from Attorneys

Craig Epifanio Craig Epifanio, P.A.

You can hire a private attorney at any time even before a person has been charged with anything. If you are deemed indigent, then you are "entitled" to a public defender no later than arraignment.

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Answered on 12/21/09, 12:25 pm
Hunter Chamberlin Chamberlin Butler & Crowe, P.A.

Ordinarily, the Public Defender will be appointed at the First Appearance for that hearing only. Thereafter, the State has 21 days to file the charges. That 21 days can be extended, but if the Defendant has not been charged after 40 days, he will be released after 43 days. When the charges are filed, (s)he will be arraigned, at which time the Public Defender will be appointed if (s)he meets the criteria for indigency. Otherwise, the person will have to either hire his or her own lawyer (good idea) or represent themselves (very, very BAD idea.)

Please let me know if you have any other questions, and good luck.

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Answered on 12/21/09, 12:50 pm


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