Nelson Hearings And Florida Criminal Cases
The Sixth Amendment right to a fair trial includes the right to representation by a criminal defense lawyer. Since the drafting of the Bill of Rights, the courts have further interpreted the responsibilities of attorneys representing defendants in criminal cases. For example, the Gideon v. Wainwright decision set the precedent that, when defendants cannot afford to pay for their own legal representation, the court must appoint public defenders to represent them. Lawyers are only human, and when the case does not go the way the defendant had hoped, it is usually not the lawyer’s fault. Defendants have several remedies available to them if the lawyer representing the defendant makes a mistake big enough that it costs the defendant his or her due process of law and leads, or will likely lead, to an unfair conviction. If your previous lawyer’s mistakes in your pending case are causing you stress, or if you were wrongfully convicted, contact a Tampa criminal defense lawyer.
Was the Lawyer’s Mistake Big Enough to Necessitate Removing the Lawyer From the Case?
The Supreme Court has ruled that egregious mistakes by a criminal defense lawyer count as a violation of the defendant’s right to due process. For example, the court will overturn your conviction on appeal if it passes the Strickland test, that is, if the lawyer’s conduct was inconsistent with professional standards and if the misconduct was a deciding factor in the outcome in the case. Many defendants who have appealed their convictions based on Strickland had hired their lawyers from private law firms.
Another Supreme Court decision related to ineffective assistance of counsel is Nelson. This decision applies to defendants whose cases are currently pending and whose lawyers are court-appointed public defenders. If the defendant feels that the lawyer’s job performance is poor enough to constitute a violation of due process may request a Nelson hearing. If the court determines that the lawyer has violated the client’s right to due process, the court can remove the lawyer from the case, but it has no obligation to appoint another lawyer. There can be another hearing to determine whether the defendant is competent to represent himself or herself.
What If the Defendant and the Lawyer Just Don’t Get Along?
In many Nelson hearings, the court determines that the lawyer is doing a professional job, but the defendant is complaining simply because the lawyer and the defendant are incompatible. If you have hired your own lawyer, though, it is your decision, and not the court’s, whether your lawyer is doing a good enough job. When you hire your own lawyer, you get to contact several lawyers, or at least read reviews by their former clients, before you decide which one is right for you, and if you want to change lawyers in the middle of your case, you do not need a Nelson hearing.
Contact Tampa Criminal Defense Attorney Bryant Scriven
A criminal defense lawyer can help you if things did not work out with the previous lawyer that represented you. Contact Scriven Law in Tampa, Florida to schedule a consultation.
Source:
floridabar.org/the-florida-bar-journal/self-representation-and-ineffective-assistance-of-counsel-how-trial-judges-can-find-their-way-thro/#:~:text=The%20trial%20judge%20must%20first,the%20circumstances%20surrounding%20the%20complaint.
