Tampa Criminal Lawyer Blog
People charged with violating Florida law often worry that they will inevitably be convicted. In criminal cases, though, the prosecution faces a high burden of proof, and there are frequently defenses criminal defendants can assert to establish that the prosecution’s evidence is inadequate to establish guilt. Similarly, if a person is convicted of a crime, they may have grounds for pursuing an appeal. In most cases, though, it is challenging for a person to convince the courts of their innocence without the assistance of an attorney, as demonstrated in a recent Florida ruling issued in a criminal case. If you are accused of engaging in criminal activity, it is smart to speak with a Tampa criminal defense attorney to gauge what defenses you may be able to assert.
History of the Case
It is reported that the defendant had a history of multiple post-conviction motions dating back to 1993 when he pleaded guilty to second-degree murder, burglary with assault, and arson, receiving consecutive sentences totaling sixty years in prison. Over the years, he filed numerous post-conviction motions, with this case being just one among many. Despite previous warnings from the court about the consequences of filing further meritless pro se cases, the defendant continued to submit additional filings.
Allegedly, the defendant, representing himself, filed a petition for a writ of habeas corpus with the court. The court denied his petition and issued an order to show cause why the defendant should not be prohibited from making further self-represented filings related to a specific lower tribunal case number. Despite being given forty-five days to respond, the defendant did not file a response.
The Right to File Pro Se Motions
The court issued an order barring the defendant from filing additional pleadings pro-se. In doing so, the court emphasized that while incarcerated individuals have a constitutional right to challenge the legal basis for their incarceration, this right can be forfeited if it is abused through repetitive and meritless filings.
In this case, despite being given an opportunity to respond, the defendant failed to show good cause for further self-represented filings related to the specified lower tribunal case number. Therefore, the court decided to prohibit the defendant from submitting any more filings related to that case number unless they were reviewed and signed by a licensed attorney.
The court warned the defendant that any unauthorized filings would result in sanctions, including potential disciplinary action by the Florida Department of Corrections, such as forfeiture of gain time. Ultimately, the court issued the order to prohibit further filings, aiming to balance the defendant’s access to courts with the court’s need to allocate its resources to legitimate appeals and petitions.
Talk to a Dedicated Tampa Criminal Defense Attorney
People convicted of crimes often have grounds for pursuing appeals, but the criminal process can be difficult to navigate without the assistance of an attorney. If you are charged with a crime and want to understand your rights, it is wise to talk to a lawyer. The dedicated Tampa criminal defense attorneys of Hanlon Law inform you of your options and help you to seek the best outcome possible. You can contact Hanlon Law by using the form online or by calling us at 813-228-7095 to arrange a consultation.