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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24946
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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At sentencing my son was not provided with a attorney as s

Customer Question

at sentencing my son was not provided with a attorney as his withdrew days earlier isn't that a violation of his rights ?? state of florida
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

If your son said that he didn't want to go forward without a lawyer, then the sentencing should have been delayed so that a new lawyer could be retained or appointed for sentencing. If the judge asked him whether he would be willing to waive his right to counsel so long as the court honored the deal that he'd contracted for, that too would be okay.

Did the judge change the terms of the agreement that his lawyer got him? Did his lawyer withdraw because your son wanted his plea back? Did the judge sentence your son over his objection? If yes, that would be a violation of his rights and a basis for him to appeal and try to get his plea overturned.

Customer: replied 1 year ago.
No no and no he was just up there with no one he did take a plea on advise from his then private attorney who withdrew days before and applied for him to get a PD but that never happened he was all alone and did not understand the ramifications
Expert:  Zoey_ JD replied 1 year ago.

Did the judge not ask him if he had any questions? Does he want his deal back? All ramifications should have been gone over with his private attorney before your son took his plea. But yes, he was entitled to a lawyer at his sentencing.