Get the Perfect Appeal from Lower Court
A person has a right to have an attorney represent him or her when the defendant stands accused of a criminal offense wherein imprisonment and an adjudication of guilty is a possibility. An individual is entitled to represent himself in a criminal proceeding if he wants to do so. The defendant must effectively waive representation by counsel to represent himself. A defendant must knowingly & voluntarily waive his right to counsel for the waiver to be legally effective. The defendant must know of the right that he was waiving, be aware of the consequences of waiving that right & waive the right voluntarily, meaning his free will without coercion.
To determine whether the right has been effectively waived, the court should conduct an inquiry on the record. The trial court will question the defendant concerning the waiver so the court can determine as to whether or not the defendant’s waiver was a knowing and voluntary waiver. As shown below, an individual can collaterally attack a conviction if his waiver is later determined to be either unknowing or involuntary.
The case below is a second tier appeal. The defendant entered a plea of guilty to a DUI charge, without the assistance of-of a lawyer, in the County Court. Defendant’s first appeal went to the Circuit Court. Defendant’s 2nd appeal is termed a writ of certiorari, which is a discretionary review of the Circuit Court’s ruling. The writ of certiorari is in the District Court of Appeal.
In the case of Eden field v State of Florida, the appellate court denied the defendant’s petition for writ of certiorari in which the defendant argued that his procedural due process rights had been violated for the reason that the county court didn’t ascertain whether his waiver of the right to counsel, to defend him against a driving under the influence charge was knowing and intelligent. Before he pleaded no contest to the charge of driving under the influence, the defendant, as well as other defendants, were given the opportunity and did watch a video explaining the rights of people accused of committing a criminal offense, signed waiver forms, and also testified in court that he wanted to represent himself. After analysis applying Faretta v. California, 422 U.S. 806 (1975), & the relevant Florida law, the district court of appeal reached the conclusion that the county court had a sufficient basis to find a knowing and intelligent waiver of the defendant’s rights under federal & state law & therefore denied the defendant’s petition for writ of certiorari. Law firms usually provide legal services in a wide range of issues. You can find attorneys that practice and specialize in particular aspects. You can take the help of writ bond lawyer Collin County who specialize in personal injury cases which include vehicle accidents, day-care abuse, medical practice, nursing home negligence, products liability and more. Firms usually have attorneys who practice in drug charges wherein a person is charged for possessing illegal drugs. In assault charges a person can be arrested if they try to hurt someone physically. The ones specializing in sexual offenses handle cases relating to sexual assault, rape, and indecency with children, internet sex crimes and more. You can take the help of Plano attorney writ bonds who will help you out if you have been arrested for any false allegations.