What is a Nelson Motion?

1 Answers. Asked on Sep 17th, 2013 on Criminal Law - Florida
More details to this question:
I have been trying to keep up with my brother-in-laws court case. He was arrested for trafficking in stolen property and burg. It says he went to court yesterday and he "ANNOUNCED TO THE COURT THAT HE WILL WITHDRAW HIS NELSON MOTION." I was hoping you could tell me what this means.
Answers Showing 1 out of 1
Answered on Sep 30th, 2013 at 2:22 PM

If a defendant makes a specific allegation/files a motion to/with the court stating that his/her defense attorney is providing incompetent or unacceptably deficient representation and he/she, therefore, is seeking to have that attorney removed and replaced with a different attorney, the court is to hold a hearing -- referred to as a "Nelson" hearing to determine whether the allegation appears to be valid.  If the court determines the allegation is not valid, the attorney will continue representing the Defendant (unless the Defendant retains an attorney to replace the current one).  If the court determines the allegation is valid, then the court should remove the attorney and replace him/her with a different attorney. 

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