Miami, FL asked in Criminal Law for Florida

Q: Florida criminal law: when new counsel is hired, takes over case from PD, are they entitled to all discovery evidence?

In my case the public defender had filed a notice of appearance and discovery. I appeared in court a few days later, and informed the court I would be retaining private counsel, case was continued 30 days. I appeared with my new attorney on the court date, he filed his notice of appearance and discovery. A few weeks later the PD withdrew. The problem is the state sent the full discovery (44 pages) to the PD, who never represented me in court. The state however only sent 17 pages to new counsel. 2/3 of the evidence was withheld. I accidentally obtained missing evidence during appeal. Re-filed w/new evidence (proves 100% innocence).

The court is trying to say because the PD received it that i can't claim new evidence. The PD never met me or appeared for me in court. My hired counsel should have been given the same 44 page discovery as the PD, right?. It was all in the states possession and control at the time new counsel filed his motion to participate in discovery.

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1 Lawyer Answer
Michael Celso Gonzalez
Michael Celso Gonzalez pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: The attorney you hired should have gotten the discovery from the PD. You may have a remedy under Rule 3.850 for Ineffective Assistance of Counsel alleging that because your lawyer made a mistake representing you you should be able to start over.

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