Orlando, FL asked in Criminal Law, Libel & Slander and Civil Rights for Florida

Q: Can media coverage of a court miscommunication affect my trial and public defender's reputation?

I am facing a possession charge and have a trial scheduled for next month. My public defender told me I could leave the courtroom, which led to a warrant for failure to appear, even though I was present. This was resolved with the judge, who lifted the warrant after we explained the miscommunication. However, the local news reported that my public defender gave me misinformation, and now it's widely publicized. I'm concerned this coverage may influence the jury's opinion of me and affect my trial. Is the media allowed to report this, and could it impact the outcome of my case or my public defender's reputation?

3 Lawyer Answers

A: I find it ridiculous to believe what you write and know for a fact the public does not care about your case

Hire a private lawyer if you so despise the lawyer you were provided by the taxpayers but stop whining about the lawyer provided to you.

A: Sorry to hear about this incident that is worrying you. First, you currently have a lawyer - your APD (Asst. Public Defender), with whom you should discuss these concerns. That discussion might alleviate your concerns. If you have doubts about your lawyer's competence and/or veracity, you need to inquire about having another APD assigned to your case (if you cannot afford private counsel). Regarding what the media is allowed to report, the First Amendment gives the media the right to report anything observed in proceedings that are open to the public and anything that is in the Court file (if not sealed or redacted for confidentiality). Can that reporting affect your APD's reputation? Some people paying attention to the story might think your APD is somewhat incompetent, BUT as part of the voir dire (jury selection process), the potential jurors should be asked if they have heard any news about your case. It is likely that a very large percentage of them, and maybe 100%, never heard a thing, and if any did, your lawyer should ask if that would influence that person in any way. Your lawyer would have a certain number of peremptory strikes - that is, the ability to remove that prospective juror from the pool without having to give a reason to the Judge, and additionally would have the ability to remove one for cause (good reason presented to the Judge). Another possibility in every criminal case is a plea deal that is satisfactory to the accused, and in that event, there's no trial.

A: Sorry, had typo in my previously-posted answer: Second line from bottom "ability to remove one for cause...." should read "ability to remove any for cause...."

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