Legal Question in Criminal Law in Florida

the judge denied my attnys request for a continuance and my jury selection is Monday. my attny does nothing I ask of him as I was charged with drug possession as a passenger in a vehicle the vehicles owner is willing to admit it is his and that is what we were supposed to do as the motion of suppression yet the attny failed to even bring that up can I fire him at jury selection and then get continuance to find new counsel


Asked on 3/28/14, 2:23 pm

1 Answer from Attorneys

Joseph Justice The Justice Law Firm

You can always choose to fire your own attorney, but doing so on the morning of jury selection is generally a poor decision. You are not guaranteed a continuance on those grounds and a judge could have you proceed on your own. Someone willing to testify they are the owner of the drugs is probably not an issue to be handled in a motion to suppress, though it may be a trial defense, which are generally for issues of law such as an illegal search or unlawful interrogation. At this point the only prudent approach is to be prepared for jury selection on Monday. That or hire an attorney and have the newly hired attorney prepared to appear on Monday and request a continuance (there is generally a huge difference in the eyes of a judge between a person claiming they are hiring a new attorney and someone actually showing up with substitute counsel).

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Answered on 3/28/14, 2:56 pm


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