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    Sara1988's Avatar
    Sara1988 Posts: 2, Reputation: 1
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    #1

    Sep 23, 2014, 07:21 AM
    1st time VOP on felony probation Florida
    Hi there, my boyfriend is awaiting trial for trespassing of occupied dwelling and criminal mischief. He is currently in the middle of a 12 year probation sentence after having served 6 years upstate. His new charges trial will begin next month and after that he has the violation hearing. We live in Orange County Florida. I am really worried, we only have an attorney for the VOP, not the trespassing. He is probation for attempted murder and commission of a firearm during a felony. His violation of probation judge is Gail Adams and we hear she is quite fair. Any experience in this county or with this judge is appreciated.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Sep 23, 2014, 07:31 AM
    ... we only have an attorney for the VOP, not the trespassing ...
    Your BF definitely needs an attorney for the new charge because, if nothing else, he is facing doing the time for the previous conviction. Ask the judge to appoint one.
    Sara1988's Avatar
    Sara1988 Posts: 2, Reputation: 1
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    #3

    Sep 23, 2014, 07:37 AM
    Is the judge appointed lawyer the same as a public defender?
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #4

    Sep 23, 2014, 07:41 AM
    His violation of probation judge is Gail Adams and we hear she is quite fair. Any experience in this county or with this judge is appreciated.
    This is a global website. The chance that any member of this site would have experience with this county or judge are quite slim.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Sep 23, 2014, 11:22 AM
    Quote Originally Posted by Sara1988 View Post
    Is the judge appointed lawyer the same as a public defender?
    A public defender is a lawyer with a state agency, which agency is charged with criminal defense of indigents. The procedure varies from place-to-place, but usually a judge will appoint the PD or, if a PD is not available for some reason, sometimes will have to appoint another attorney.

    But Florida law requires that an indigent defendant be defended by an attorney, unless the judge takes any jail time off of the table.

    The right to "an attorney if you cannot afford one", stems from a US Supreme Court case out of Florida: Gideon v. Wainwright.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #6

    Sep 23, 2014, 12:39 PM
    As AK lawyer points out... I believe there are actual means testing to prove you can't afford an attourney (rather than just don't want to pay for one) before you are simplly given a public defender in many places.
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