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 Are Public Defenders real attorneys?
How do I get a Public Defender?
Is a Public Defender free?
What is the $50 fee?
What is an arraignment?
What is a pre-trial hearing?
What is a Baker Act hearing? Can you have
a Public Defender represent you at a Baker
Act hearing?
Why hasn’t my Public Defender had my case
dropped?
If I have a previous DUI and did not “blow” and I get stopped
again for DUI, can I still refuse
to “blow” into the breathalyzer?
Q Are Public Defenders real
attorneys?
A Public Defenders
are lawyers who practice only criminal law. All have undergraduate
degrees and all have graduate degrees in law. With the exception of a
few legal interns who are training in county court, all assistant
public defenders have passed the rigorous requirements of the Florida
Bar Association to practice law in this state. Many of our attorneys
have more than 25 years experience practicing law. The 6th Circuit
Public Defender Office has the highest number of Florida Bar Criminal
Law certified attorneys in the State. It also has the highest number of
Florida Supreme Court death qualified attorneys to try death penalty
cases in the entire State.
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Q How do I get a Public
Defender?
A.If a person wants a Public Defender Attorney to represent him/her on a pending case, the person needs to go to the Clerk's Office on the second floor of the Criminal Justice Center in Pinellas or to either Clerk's Office in New Port Richey or Dade City. There is a $50 application fee set by the legislature that needs to be paid. If you do not currently have the $50, the Court will order it be paid at the end of the case.
Affidavit of Indigent Status
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Q Is a Public Defender free?
A No. If you enter a plea or are convicted at trial, the
court can enter an order requiring payment of a fee or the court can
make the fee a lien which could affect your credit. There is no fee
ordered if your case is dismissed or you are acquitted.
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Q What is the $50 fee?
A The $50 application fee
was created by the legislature. The fee applies whether or not you
actually are appointed a Public Defender. If you do not have the money,
you cannot be denied a Public Defender.
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Q What is an arraignment?
A. After your first appearance, if formal charges are filed,
an arraignment will be scheduled. The arraignment is not a trial and
not a time when evidence can be presented. At most arraignments your
charges are read to you and if you do not have a lawyer the judge will
again determine if the Public Defender's office will represent you. If
a plea of not guilty is entered at your arraignment, your case will
normally be scheduled for a pretrial conference. If the Public Defender
has not been appointed, YOU MUST ATTEND THE ARRAIGNMENT.
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Q What is a pre-trial hearing?
A A pre-trial is the court
proceeding in which a decision is made to either set a trial date or
enter a plea of guilty or not contest. You generally MUST attend a
pre-trial hearing unless your Public Defender has told you not to go.
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Q. What is a Baker Act hearing?
Can you have a Public Defender represent you at a Baker Act hearing?
A A Baker Act is an involuntary
mental health commitment proceeding. Generally these occur when someone
has a concern that a person is a threat to themselves or others. You
are entitled to representation by a Public Defender on a Baker Act.
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Q Why hasn’t my Public Defender had my case dropped?
A Only the state attorney or the court can drop or dismiss
a case. Even if the victim says they do not want to prosecute the case,
the decision by law is still up to the state attorney.
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Q If I have a previous DUI and
did not “blow”
and I get stopped again
for DUI, can I still refuse to “blow” into the breathalyzer?
A Refusal to blow after a previous refusal is a 1st degree
misdemeanor that has a maximum penalty of one year in the county jail.
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