Legal Question in Criminal Law in Florida

My question was answered that I was wanting to know where to get a copy of a motion for nelson trail. The answer I was given is I could only get this through attorney. The problem with this is my son is in jail and his public defender said all he does for him ( my son) is plea bargain for him. My son is very knowledgeable of the law and statutes, he has represented himself before. The jail he is in has no library or anyplace that he could do this for himself. This is why I am trying to do this for him.. Is it not his attorney that should get this form and help him to do this before the courts? It seems that asking this public defender he does not want to do anything for my son other than to just plea bargain for him. With the motion for a Nelson trial my son could make his own case to bring before the judge. I just want help for my son and really want to know if this public defender has the right to just plea bargain for him and do nothing else. I would so appreciate if you could just answer my questions as to your knowledge and how you would go about a motion for a nelson hearing. Can you.ell me that if my son tells this public defender this is what he wants to do, then does this public defender have an obligation to do this for my son? P lease help me in just trying to understand what my son is entitled to as his client or what ever you would call him. I thank you so very much for any help of information you could suggest. I have no money to hire a private attorney or I so would. Thank you again and do hope to get a response back from someone. God bless you and thank you agai


Asked on 1/22/16, 9:27 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Let me add to my previous post to try and help. First, if he can not afford an attorney, and he wants to represent himself he can. You are correct that his PD should not and in fact they don't write these motions. As I said before there is no "form" motion for this. In all of these cases, he can write the judge directly asking his PD be removed so that he can represent himself. It doesn't require a form motion. A simple letter to the judge will work. That said, you bring up a good point about his access to the law library. While there is no excuse for a jail to restrict that, it is also a good reason to have an attorney. They can access all areas of law to help your son. It is true that all citizens have the right to represent themselves and you point out good reasons where it is not a terrible idea. With that said, there is a reason for the famous saying, "he who represents himself has a fool for the client."

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Answered on 1/23/16, 8:45 am


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