PLEASE WATCH #HABERPA'S VIDEOFAQ # 407) How do I get a new Public Defender / What’s a Nelson Hearing”? - https://youtu.be/IUeH8bXt4rw
This Blog Post is intended to serve three purposes: First and foremost it's a PSA (i.e. a "Public Service Announcement" that's designed to provide the folks with important information), it's part of the rollout of the latest batch of #HaberPA's VideoFAQs highlighting # 407) How do I get a new Public Defender / What’s a Nelson Hearing”? - https://youtu.be/IUeH8bXt4rw and it's a shameless plug for #MichaelHaberLaw (#HaberPA's YouTube channel). Disclosures complete let's get to it:
- The PSA: #HaberPA's VideoFAQ # 407 explains the process and protocol for seeking to replace your Public Defender.
Whether it’s right or wrong or true or false, many indigent Defendants complain about their CAC. It could be not returning calls, emails or texts, not scheduling meetings, not showing up at the jail often enough, not honoring or pursuing the client’s wishes, pushing a plea deal or having an attitude; whatever it is such complaints are very common. That said, standing alone or even in combination you’re not necessarily entitled to a new or a different PD; in fact, in order to get a new PD appointed, the burden is on you, the client, to prove to your Judge that your PD is “ineffective”.
In 1973 FL’s 4th DCA decided a case called Nelson v State (the legal cite is Nelson v. State, 274 So. 2d 256, Fla. 4th D.C.A. 1973), which set a Statewide precedent establishing a procedure that Trial Courts must follow when a Defendant seeks to discharge her/his CAC. The 4th started with the premise that the right of an indigent client to CAC includes an implicit right to “effective representation”, and the 4th defined “effective assistance" as “making reasonable investigation into the facts of the case and acquainting oneself with the law pertinent to the facts, free of any influence or prejudice which might substantially impair the ability to render independent legal advice to a indigent client.”
The procedure is now known as a "Nelson Hearing" and it requires an aggrieved client to put her / his allegations on the record, after which the Judge must “make a sufficient inquiry of the defendant and his appointed counsel to determine whether or not there is reasonable cause to believe that the court appointed counsel is not rendering effective assistance to the defendant”. Where “a reasonable cause for such belief appears” substitute counsel must be appointed and allowed adequate time to prepare, and if no reasonable basis appears to find existing counsel “ineffective” then new counsel isn’t appointed, although the defendant is free to hire private counsel.
As an aside where an aggrieved client chooses to discharge her/ his CAC and wants to proceed “pro se” (without a lawyer and serving as her/his own lawyer) then the Court must conduct a separate inquiry known as a “Faretta Hearing”.
That said I thank you for your question and I appreciate your having asked it. Please remember that at #HaberPA it’s all about reasonable doubt and if you like this video then please subscribe to our YouTube channel / VideoFAQ as we’ll be putting out more soon!
If you've not yet done so then I hope that you'll please SUBSCRIBE to #HaberPA's YouTube Channel #MichaelHaberLaw by visiting the following link: www.youtube.com/c/michaelhaberlaw
As of today we have 2,839 subscribers who've contributed to our 759,528 views, but your kind subscription will get us closer to reaching our immediate goal of 3,000 subscribers and 1,000,000 views!
Each #HaberPA VideoFAQ focuses on a specific question, most are 1 - 2 minutes long, but several in this latest batch are closer to the 3 minute mark (another relevant aside alert: "Necessity" is what we call an "Affirmative Defense", or a defense which negates the "intent" or Mens Rea" element of an otherwise criminal act as the actor's illegal conduct only occurred under threat, usually threat of harm), and while we may not always be successful in our endeavor we do consistently strive to make each VideoFAQ short, pointed, creative, entertaining and, most importantly, informative.
While I conjure some of the "questions" that form our VideoFAQs a substantial portion of them are in fact inspired by real world questions from others (e.g. clients, potential clients, random folks on social media / the internet, friends, family, colleagues, etcetera). Should you have a legal questions that you'd like #HaberPA to address then you're welcome - encouraged even - to SUBMIT it / them to me, be it by email (Sharky910@aol.com), calling or texting my cell phone (305-798-2220), messaging me on X /Twitter, MeWe or Truth Social (@Sharky910), on YouTube (via MichaelHaberLaw) or PM'ing me on FB (Miami.Criminal.Lawyer) and, assuming that your proposed topic is both appropriate and fits within our wheelhouse then I'll be happy to provide you with a custom tailored video answer to your relevant question.
With all that said I hope that you enjoy # 407, that if you've not yet done so then that you become a #MichaelHaberLaw subscriber and in any event that you know that no Attorney-Client Relationship with either #HaberPA or Michael A. Haber, Esq. exists as a result of watching any of our VideoFAQs. All information contained in and which may be construed from any #HaberPA VideoFAQ is meant to be generic in nature, should only be considered as academic and is not "Legal Advise" for any specific person or case. That said if you're looking for Legal Advise then please contact #HaberPA directly and schedule a confidential consultation.
Should you, a friend, a loved one or even someone that you {don't particularly like but happen to} know be in a jam with the Criminal Justice System then you can rest assured that either retaining or recommending #HaberPA will not only reflect well on you but will provide the client with unwavering, relentless and honest advocacy.
Established in 1991 and with no history whatsoever of any form of professional discipline, #HaberPA is readily available to have open, honest dialogue with potential clients and to quote and honor reasonable fees after identifying a realistic litigation objective. We're proud of our unblemished and time proven record of both having our client's "6:00", 24-7-365, 360° and of providing boutique, creative, effective, unwavering and zealous #CriminalDefense, #CriminalLaw, #CriminalProcedure, #ConstitutionalLaw, #Evidence, #DUI, #BUI, #DomesticViolence, #Probation, #Crime #CrimeVictimRights and #Seal & #Expunge representation to it's clientele, primarily in South Florida, on matters ranging from DUI to #DrugTrafficking and from #Misdemeanors to #Murder.
At #HaberPA "it's all about #ReasonableDoubt"!
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