- Dorothy Naumann
- Indian River County, FL
When a person faces criminal charges in Florida and cannot afford to hire a private attorney, the court is required by law to provide legal representation. That representation is provided through the public defender’s office. Understanding how this system works and what options are available can help defendants and their families make informed decisions about legal representation.
The Constitutional Right to Counsel
The Sixth Amendment to the United States Constitution guarantees the right to legal representation in any criminal proceeding where incarceration is a possible outcome. The U.S. Supreme Court’s decision in Gideon v. Wainwright (1963) extended this right to state criminal proceedings, requiring states to provide attorneys to defendants who cannot afford one.
Florida Article I, Section 16 of the Florida Constitution recognizes the same right and provides for the appointment of counsel at public expense for those who qualify.
The Public Defender’s Office for the 19th Judicial Circuit
The 19th Judicial Circuit of Florida, which serves Indian River, Okeechobee, Martin, and St. Lucie counties, has a dedicated public defender’s office. The office is staffed by licensed attorneys who represent defendants assigned to them by the court.
Public defenders handle a high volume of cases across all levels of criminal court, from misdemeanor proceedings to capital felony cases. They are licensed members of the Florida Bar and subject to the same professional and ethical standards as private defense attorneys.
Determining Eligibility for a Public Defender
At the first appearance hearing, the judge inquires whether the defendant is represented by counsel. If the defendant indicates they cannot afford an attorney, the court conducts an inquiry into financial eligibility. This typically involves reviewing income, assets, and household expenses.
Florida law requires the defendant to complete an application for indigent status. If approved, the public defender is appointed. If the court finds the defendant is not indigent, they are expected to retain private counsel. A defendant who is not fully indigent but cannot afford full fees may be assessed a partial fee for public defender services.
Private Criminal Defense Attorneys
A person facing criminal charges in Florida may also retain a private criminal defense attorney at any point in the proceedings. Private attorneys may be retained before charges are filed, at or after arrest, or at any stage of the court process.
Private defense attorneys work exclusively for their clients and are not subject to the caseload volume that characterizes public defender offices. The scope of representation, including how much time the attorney can devote to investigation, motions, and trial preparation, may differ between public and private representation.
The Role of Defense Counsel in Florida Criminal Proceedings
Whether appointed or retained, defense counsel in Florida criminal proceedings is responsible for:
- Advising the client of their legal rights at each stage of the proceeding
- Reviewing the evidence and any discovery provided by the prosecution
- Filing pretrial motions where applicable
- Negotiating with the state attorney’s office, where appropriate
- Representing the client at hearings and trial
Defense counsel does not determine guilt or innocence. That determination is made by a jury or, in a bench trial, by the judge.
Right to Legal Representation
Florida law provides individuals the right to legal representation when facing criminal charges. Anyone charged with a criminal offense in Indian River County who wishes to discuss their legal representation options may contact a qualified criminal defense attorney.
Contacting a Criminal Defense Attorney
Florida law provides individuals the right to legal representation when facing criminal charges. Anyone facing criminal charges in Vero Beach or Indian River County who wishes to understand their options for legal representation may contact a qualified criminal defense attorney to discuss their situation and legal rights.
To speak with a criminal defense attorney in Vero Beach, call 772-WIN-CASE or send an email inquiry.