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To: Psycho_Bunny
Seems to me like a lot of non-members of the Florida Bar are commenting on this.
What do you actually know about this proceeding? In Florida, a restitution hearing may be an equivalent to a sentencing "hearing" in other states, where the "hearing" is nothing other than the judge sentencing the guilty party.

Don't need to be a FL Bar member to comment on FR. We could ping some, but why make a federal case of it.

The article makes it clear that he wanted an attorney, didn't understand the proceedings, but also notes

Pinellas-Pasco Public Defender Bob Dillinger (FL bar I'm sure) said he has never seen a juvenile represent himself during such a hearing

George Richards (FL bar), deputy chief of the juvenile division at the Hillsborough State Attorney's Office, said indigent youths are appointed an attorney unless they specifically decline one

Judy Estren (FL Bar), executive assistant public defender at the Pinellas-Pasco Public Defender's Office, said the co-defendant's attorney should have intervened. "I would have instructed my attorney to jump in."

The judge screwed up. Glad it was a little error.

147 posted on 05/29/2002 3:31:20 PM PDT by SJackson
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To: SJackson
Pinellas-Pasco Public Defender Bob Dillinger (FL bar I'm sure) said he has never seen a juvenile represent himself during such a hearing

Public Defender i.e. not a credible source of impartial opinion.  Might as well ask a debtors' attorney about impartial Bankruptcy "fairness".

George Richards (FL bar), deputy chief of the juvenile division at the Hillsborough State Attorney's Office, said indigent youths are appointed an attorney unless they specifically decline one

At a trial yes, but at a reading of a sentence? - again, the article never states if a defendant is entitled to an attorney at this type of hearing.  There are legal proceedings where sentencing can be handed down after a trial,  without a court proceeding.  If you don't have an attorney present in your house when you receive a sentence mailed to you can you appeal based on lack of representation?  Even if you were represented in the trial?  

Sentencing is often a formality.  Frequently, the sentence is written by the judge in his or her chambers.  The "hearing" where it is presented is not a "hearing" per se...it's just when the sentence is formally entered into the record and the defendant often has no right to say anything at that "hearing".  Was this the case here?  Was Richards statement being taken out of context?

There's a ton of questions this article never raises or answers or puts in their proper legal perspective.

Judy Estren (FL Bar), executive assistant public defender at the Pinellas-Pasco Public Defender's Office, said the co-defendant's attorney should have intervened. "I would have instructed my attorney to jump in."

Another "not credible" source....well, maybe credible but, hardly impartial.

These are all just questions that are popping into my mind because I was the legal assistant to the Head Counsel of Seafirst Bank for 5 years.

This article is sloppy as hell.

 

157 posted on 05/29/2002 5:56:15 PM PDT by Psycho_Bunny
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