What happens if the state has not timely answered a motion regarding the ineffective assistance of counsel?

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What happens if the state has not timely answered a motion regarding the ineffective assistance of counsel?

A motion for ineffective assistance has been filed. The judge gave the state 90 days to respond. However after 90 days they have not responded. Can the judge render a decision without the state’s response or do I need to take additional steps?

Asked on July 8, 2011 under Criminal Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It is not possible to predict how a court will rule; however, the court will strictly enforce the filing deadline.  Since the state did not respond within 90 days, the judge will probably issue an adverse ruling against the state.  The judge can render a decision based on the state's failure to respond in a timely manner.


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