Legal Question in Criminal Law in Florida

I need to help my 19 year old niece file for a Nelson hearing. She has a public defender who has not represented her effectively. She has had monthly court appearances since December of 2012 to be arraigned on a violation of probation. She has not entered the courtroom. He simply continues her case each month. He has made derogatory comments about her in court including telling the judge "she did it and she will do it again" while she was not present. He accepted a plea bargain from the state atty that she will be released to a residential drug treatment facility, but has done nothing to find her a drug treatment program. A jail chaplain has attempted to find her a program but cannot give her applications without the public defender's permission. The PD is not returning the chaplain's weekly phone calls. Now, the PD has sent my niece a letter stating that he has been unable to find her a treatment program so, as of her next court date, she should be prepared to go to prison for another 10 months (the maximum sentence for her original crime). She has already spent a year in County Jail. I don't see any other choice but a Nelson hearing at this point. How do we do it?


Asked on 6/26/13, 4:43 pm

2 Answers from Attorneys
Joseph Justice The Justice Law Firm

It is pretty straight forward. She just has to allege ineffective assistance in a motion. There are usually blank motions available at the law library or at the jail. Be warned claiming this can waive privilege allowing the lawyer to reveal details of her case to defend himself. Actually showing ineffective assistance can be very difficult as well. The current state of affairs is that it is extremely difficult to get into a treatment facility. Many people serve entire sentences waiting on a bed.

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Answered on 6/26/13, 5:52 pm
Craig Epifanio Craig Epifanio, P.A.

Since she can't afford an attorney, then she can represent herself. It is her choice though, not anyone else's including her relatives. Alternatively, get some money together and hire a private attorney.

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Answered on 6/26/13, 5:53 pm


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