A writ of prohibition is a legal court order of an appellate court commanding a lower court stop a particular action or disposition of a case. It generally occurs where a lower court attempts a criminal law procedure that it is not allowed to execute. These writs are also issued by a higher court where a lower court lacks jurisdiction. If a criminal defense attorney foresees that a lower court is about to improperly deny the criminal suspect a legal or constitutional right, he or she will petition a higher criminal appellate court to issue the writ to prohibit the lower court from actually denying the right. In criminal trials, the criminal defense lawyer may petition the appellate court where he or she believes that the conduct of the criminal suspect, even if proven, does not rise to the level of a criminal act. If the higher court issues the writ, the lower court may be forced to dismiss the criminal suspect, erase the criminal charge, and end the criminal case. If you have been charged with criminal conduct, or some other behavior or crime for which you believe you are being wrongly prosecuted, in Miami, Fort Lauderdale, Broward County, or Miami Dade County, you should consult an experienced competent criminal defense attorney who can represent you in criminal court.
Kenneth P. Hassett of Hassett and Associates, P.A. is a criminal defense attorney who represents clients in Miami, Fort Lauderdale, Broward County, Miami Dade County, and the rest of South Florida. Having a criminal defense lawyer to represent you in criminal court is advantageous, especially when charged with serious criminal offenses. Contact Hassett and Associates, P.A. for an immediate free consultation 24 hours per day with a criminal defense attorney if you have been charged with these criminal offenses.
Florida Constitution, Article V
The Florida Constitution states that the Supreme Court of Florida may issue writs of prohibition to courts and all writs necessary to the complete exercise of its jurisdiction. A district court of appeal may issue writs of prohibition and other writs necessary to the complete exercise of its jurisdiction. To the extent necessary to dispose of all issues in a cause properly before it, a district court of appeal may exercise appellate jurisdiction over the circuit courts. The circuit courts also have the power to issue writs of prohibition.
81.011 Petition for prohibition.
The information on this page does not represent legal advice. Florida Statues obtained from Online Sunshine, www.leg.state.fl.us, the official site of the Florida Legislature. Because the law is continually changing, some of the provisions contained herein may be out of date. It is always wise to seek counsel from an experienced criminal attorney like Kenneth Hassett.
If you have been charged with a crime or criminal conduct in Miami, Fort Lauderdale, Broward County, Miami-Dade County, or other area of South Florida, call Criminal Defense Attorney Kenneth P. Hassett.