JAMES RUSSO, Public Defender Eighteenth Judicial Circuit

Services & Activities

  • The Public Defender is assigned approximately 20,000 cases per year. The cost to the taxpayer for handling each of these cases is approximately $200 although attorney fees for privately retained counsel would normally cost between $1,500 and $20,000 per case.

    The Public Defender only handles criminal cases. The law does not require the appointment of a lawyer to a person who cannot afford an attorney in civil cases such as landlord tenant actions, divorces, negligence cases and the like.

    Our offices represent people in the county court who are unable to hire their own attorney and facing misdemeanor charges such as assault and battery, disorderly conduct, retail theft and other minor offenses. These are crimes where the possible sentence can be up to a year in the county jail and a fine of up to $1000. We also represent people charged with criminal traffic offenses such as driving under the influence of alcoholic beverages or substances, driving with suspended driver’s license, reckless driving and other criminal driving offenses. We do not represent people charged with civil infractions such as speeding, running a red light or careless driving because they are not crimes but civil infractions and no one can go to jail for these offenses.

    The Public Defender represents people in the circuit court. The circuit court has jurisdiction to handle all felony crimes. Felony offenses are those where a convicted person may be sentenced to a long-term state prison sentence and a substantial fine. These offenses include aggravated battery, burglary, grand theft, robbery, kidnapping, sexual assault and other serious crimes.

    The Public Defender is also required to represent anyone charged with a capital offense. These crimes require either a life sentence or death by electrocution if one is convicted.

    Another duty of the Public Defender is representing juveniles charged with delinquent acts and facing prosecution in the circuit court. If the juvenile, parents or legal guardian are unable to afford to hire a lawyer the court will appoint the Public Defender if so requested.

    One final area of Public Defender representation that is not a criminal matter yet could call for a loss of liberty is mental health cases. If the state of Florida desires to have a citizen taken into custody for the purposes of providing mental health treatment and the person does not feel it necessary and contests this action, The law requires an attorney be appointed to them in commitment proceedings If they cannot afford one.

     

  • Home page