Michael A Haber PA Criminal DUI Defense Litigation Miami Blog

Michael, thank you for your approach to this matter! It's actually refreshing. While I recognize the fact that my husband certainly shouldn't have been driving with a suspended license (commencing an actual scolding following his release), the reason I was bringing this issue up was moreover because I just couldn't fathom that an attorney could just stand up in court and represent my husband without ANY prior consent. I have finally gotten a PD assigned to his case and will definitely discuss these points that you've shared with him. My only question is, and we can make this a hypothetical if you'd like ;) : Isn't there some violation of civil liberties when an attorney represents a person unbeknownst to them, even if it's due to a clerical error? I mean, I know the system (especially in Florida) is absolutely corrupt, but seriously?

The answer, as is often the case in the law is, "it depends". There was likely a good faith mistake made by the lawyer who though that s/he had been appointed (of course this may not be true, but I suspect that it is the case).

The Court appointment process is in constant flux. There are PD's, what we call "Regional Counsel" (a sort of second tier PD system with private lawyer's who "contract" with the State to work part-time as quasi-PDs) and then CAC (or Court Appointed Counsel, a sort of specially appointed PD's). With all of these variables it's not inconceivable that a bona fide mistake was made.

Just as cops sometimes "benefit" from mistakes (i.e. there is a "good faith" exception for otherwise illegal acts) so too can Defendants, or, sometimes Defendant's can be effectively penalized / prejudiced by a simple mistake as well.

Like I said before, the PD's will be all over this issue. If there is any way at all to achieve a benefit or to use this screw up to your husband's advantage then I am 1,000% certain that the PD will take full advantage of the same. PD's (all defense attorneys actually) are used to being beaten down by a system which is realistically skewed toward the State, and they (we) therefore revel in any opportunity to cram the rule of law down the government's proverbial throat.

I am happy to have been of assistance and I wish you and your husband the best of luck. Hopefully he has more to fear from you than the system. I also want to thank you for your kind feedback in choosing my answer as "best". It is through feedback such as yours that others are confidently able to rely upon advise and seek counsel. Rest assured that I will be posting your question on my blog (link below) shortly.

Please see: http://habercriminallaw.blogspot.com/