Criminal Law Questions? Ask a Criminal Lawyer.
Yes. That is the only Motion necessary - as filed by the defense attorney. The courts get very back-logged and overburdened so it is not necessary to hold a hearing on every waiver - this is why I suggest your son read all the documents he has signed from the Public Defender - Sometimes, if a WST is filed and there is a hearing scheduled a judge will ask the defendant if they agree to waive as stated in the Motion, sometimes they don't ask. If you son is intent on having a ST, then I suggest that he speak with the supervisor of the PD and let them know that he wants the speedy trial - many times this is done when someone is going to plead guilty as there would be no purpose to waive as no defense would be need, thus no time is needed to prepare.
Please tell me what the HC was for in this matter.
I cannot explain why the judge went along with the WST if it was placed on record that HE WAS NOT waiving. This would be a foundation for appeal.
A judge does have the autonomy to grant or deny any motion that is filed - including the WHC - as you presented - (which is very good, btw). I wonder if it was denied because there was public defender counsel appearance still entered in this matter. Do you know if the PD withdrew appearance?
Well, again that is the preogrative of the court - and due to the seriousness of the charges she feels that your son needs legal expertise to ensure there is a fair and just trial. I can only suggest that, at this time, he allow the PD to represent him - tell him to make sure all objections are placed on the record in case he wants to appeal. Again, the WST would already be a grounds for that - though I will suggest that a trained lawyer is going to be the best resource for an appeal in this matter.
I wish I could assist you further. You might consider contacting the Univeristy of Florida Law School or one of the other law schools in your area - they have "clinics" where third year law students assist while under the supervision of a pro bono counsel. Your son might be able to tap into that - if you feel that there are too many improper rulings by this lower court.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).