It's so rare that I've never seen it done in more than two decades of criminal defense trial work. Hillsborough County Circuit Judge William Fuente ordered a new trial in David Rolon's murder case. In the order, Judge Fuente cited the inadequate defense offered by Attorney Byron T. Christopher. Fuente waited for defense motions for overturning the conviction or a new trial. When none were forthcoming, Fuente ordered a new trial citing inadequate defense.
The defendant stood accused of fatally shooting a neighbor and faced 25 years to life in prison if convicted.
In open court, Attorney Christopher admitted to having spent less than five minutes preparing him for testifying in his own defense. During the questioning, the defendant appeared confused and even gave incriminating statements to questions from his own defense attorney. What Rolon's attorney did or didn't do is an outrage. The Sixth Amendment provides for competent legal counsel and Judge Fuente found that Christopher did not provide it to his client.
In any criminal case, the defendant's life is on the line. Whether the charge is murder or petty theft, the outcome will impact the defendant for the rest of his life. A competent, skilled, and aggressive defense is not only required by law but demanded by justice and the oath that the attorney takes upon admission to the Bar.
When hiring a criminal defense lawyer, know the right questions to ask your potential lawyer. Remember, you are interviewing him or her for a job. Make certain your lawyer has sufficient trial experience and has a good record with the Florida Bar (or whatever Bar holds sway in your area). Determine before hiring an attorney that he or she has no violations or reprimands in the record. Finally, make sure the attorney listens to you and your concerns. If the prospective attorney seems too busy for you or is distracted by other phone calls or meetings, hire a different attorney. You deserve your attorney to focus and expend all his or her legal skill and experience on your case. The stakes are too high to do otherwise.
Leave a comment