Legal Question in Criminal Law in Florida

I was Pliantiff of a Judgement filed for harrassment and stalking, at hearing the Judge did not allow me to speak, I didn't have a lawyer. Judge let the Defendants lawyer speak for him, but, would not let me say anything. Was this legal?


Asked on 11/05/12, 12:41 pm

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

Of course, I'm sure there are a lot more details to the story here. The judge must allow you to be heard, but the judge has to follow the rules of evidence. So that means the attorney present knows when to speak, ask questions, and when to remain silent. The attorney also can speak on behalf of his client. When you say "did not allow you to speak", at what point? Did you try speaking and he said no you can't? Where you making arguments? Where you testifying? Cross examining? Injunction hearings often involve people without attorneys. But you saw the advantage of having an attorney which unfortunately worked against you here for not having one. To be sure, your due process rights were not stifled by the judge, you should talk to an attorney in your area to see if you can file for a new hearing.

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Answered on 11/05/12, 1:14 pm


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