As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, I have seen what years inside that office build in a trial lawyer. In that role I oversaw a staff of over 100 attorneys, including the felony and major crimes divisions, and I kept trying major felony cases myself. I have now practiced for more than 25 years in Hillsborough County courtrooms and tried more than 150 jury trials to verdict. Our attorneys use that background to prepare every serious case as though it will be tried, starting with the first read of the arrest report.

What does a public defender’s office do in Florida?

A Florida public defender’s office represents people charged with crimes who cannot afford a lawyer. Each judicial circuit elects its own public defender to a four-year term under Article V, Section 18 of the Florida Constitution, and that public defender appoints the assistant public defenders who handle the cases. Under section 27.51, Florida Statutes, the office must represent any person found indigent who is under arrest for, or charged with, a felony, along with many misdemeanor and juvenile cases.

The right behind this system comes from a Florida case. In Gideon v. Wainwright, 372 U.S. 335 (1963), Clarence Earl Gideon was charged in Florida with breaking and entering, asked the trial court for a lawyer, was refused, and had to defend himself. The U.S. Supreme Court held that a state must provide a lawyer to a felony defendant who cannot afford one. A 2013 Florida Bar Journal column describes Gideon as the decision that sparked the creation of Florida’s public defender system.

The workload in Hillsborough County is large. From October 2024 through January 2025, the Hillsborough County Clerk of Court opened 6,032 new felony cases, about 1,500 a month, according to the Clerk’s monthly outputs report for county fiscal year 2024-2025. The Office of the Public Defender for the Thirteenth Judicial Circuit reports a team of about 200 employees, including more than 120 attorneys. Lawyers in that office learn by handling those felony cases in front of judges and juries, and that training is what a former public defender brings to private practice at our firm.

What experience does a former public defender bring to your case?

A former public defender brings felony trial experience, familiarity with serious cases, and practical knowledge of how the local courthouse moves a case from first appearance to verdict. How much of each depends on how long the lawyer stayed and which units they worked in. For the most serious charges, such as murder and manslaughter, that experience is the foundation of the defense described on our Tampa homicide attorney page.

Research supports the value of institutional defense experience. In a 2012 study, “How Much Difference Does the Lawyer Make? The Effect of Defense Counsel on Murder Case Outcomes,” 122 Yale L.J. 154, James M. Anderson and Paul Heaton examined Philadelphia murder cases in which one in five indigent defendants was randomly assigned to the public defender. Compared with court-appointed counsel in the same system, the public defenders reduced their clients’ murder conviction rate by 19 percent and reduced expected time served in prison by 24 percent. The authors tied the gap to institutional factors, including the office’s practice of staffing every case with two lawyers and one or more investigators.

Our firm carries that habit into private practice. We investigate before we advise, and we bring in experts when the evidence calls for one.

Is “former public defender” enough to judge a lawyer?

No single title tells you enough. “Former public defender” can describe a lawyer who spent two years in misdemeanor court or one who spent a decade trying homicide cases, so the details matter more than the label. Ask these six questions before you hire any defense lawyer, and expect direct answers.

Here is how I answer those questions. I have tried more than 150 jury trials to verdict. I worked as a Major Crimes Unit trial attorney on homicide, sex crime, child abuse, DUI manslaughter, and death penalty cases, and I meet the Fla. R. Crim. P. 3.112 qualifications to defend capital cases. I also served as a police academy instructor, teaching criminal procedure and courtroom testimony. Our guide on how to choose a criminal defense attorney in Tampa covers the rest of the hiring checklist, and my book, How to Choose a Major Crimes Attorney – or Any Criminal Defense Attorney for That Matter, is available as a free ebook.

How did leading the Hillsborough Public Defender’s Office shape our firm’s approach?

Leading the office taught me how cases actually move through the Thirteenth Judicial Circuit, the court system for Hillsborough County. As Chief Operations Officer, I oversaw the felony and major crimes divisions, mentored senior trial lawyers, and worked on policy and problem-solving court initiatives with judges, prosecutors, and court administrators. I also served on the Problem-Solving Courts Oversight Committee from 2012 to 2023 and chaired the 13th Judicial Circuit Juvenile Justice Board from 2022 to 2024.

That work matters to clients because the circuit’s website lists eight problem-solving treatment courts, including Adult Drug Treatment Court, Adult Mental Health Treatment Court, and Veterans Treatment Court. According to the court, completing the mental health or veterans program leads to dismissal of the charges. Adult Drug Treatment Court is designed for people whose drug or alcohol problems led to a third-degree felony charge. Our attorneys review every new case for these programs at the start, so a client who qualifies does not miss the option.

Small procedural facts also change a client’s experience. In our experience, the Hillsborough County Sheriff’s Office handles bond walkthroughs at the Orient Road Jail on weekdays only, from about 9:00 a.m. to 3:00 p.m., and only on warrants where a judge has already set a bond. A walkthrough booking usually takes about 30 minutes to 2 hours, compared with 8 to 12 hours or more for a regular booking. These are the details our Hillsborough County criminal defense work depends on.

How is a former public defender in private practice different from an appointed public defender?

The main differences are timing, eligibility, and choice. A court appoints the public defender, usually at first appearance or arraignment, and only for a person the clerk finds indigent under section 27.52, Florida Statutes. That statute treats an applicant as indigent when household income is equal to or below 200 percent of the federal poverty guidelines. The applicant owes a $50 application fee, but no one found indigent can be refused counsel for failing to pay it.

A private lawyer can start before charges are filed. That allows representation before charges are filed, where our attorneys contact the prosecutor while the case is still under review. You also choose your lawyer. Under section 27.51(2), the court cannot appoint the public defender to represent a person who is not indigent, or to serve on a case at the same time as private counsel the defendant has retained.

Assistant public defenders carry demanding caseloads and gain trial experience early in their careers. Our post on public defender vs. private attorney in Tampa compares the two paths in detail, so you can decide which one fits your situation.

How do our attorneys put this experience to work on your case?

Our attorneys follow the same sequence on every serious case, starting the day you hire us.

1. Confirm the charges, bond status, and every court date and deadline.
2. If no charges are filed yet, contact the assigned prosecutor through pre-file advocacy.
3. Collect the evidence, including police reports, body camera video, records, and the State’s discovery.
4. Retain experts when the science or medicine is contested, such as a forensic pathologist or digital analyst.
5. Depose the State’s key witnesses, including law enforcement officers and expert witnesses.
6. Screen the case for diversion and problem-solving court eligibility.
7. Prepare the case for trial, so any plea decision is made from a position of strength.

When should you hire a defense attorney after an arrest or investigation?

Hire a defense attorney as early as possible, ideally before the State Attorney’s Office files formal charges. Once charges are filed, the chance to influence the charging decision has passed. Evidence such as surveillance video can be overwritten, and witnesses become harder to find as weeks go by. Our step-by-step guide on what to do after being arrested in Tampa lists the first moves to make, and our attorneys can start on your case as soon as you hire us.

Frequently Asked Questions

Are former public defenders good trial lawyers?

Many are, because assistant public defenders often try felony cases to juries early in their careers. At The Brancato Law Firm, we measure trial skill by cases tried to verdict, and our founder has tried more than 150. Ask any lawyer you consider for that number.

What did Rocky Brancato do as Chief Operations Officer of the Hillsborough County Public Defender’s Office?

He oversaw the felony and major crimes divisions of an office with a staff of over 100 attorneys, mentored senior trial lawyers, and kept his own major felony trial caseload. The Brancato Law Firm applies that same case-review discipline to every file our attorneys open. His attorney profile lists his full background.

Does a former public defender have special influence with judges or prosecutors?

No, and no lawyer should promise influence with a judge or prosecutor. Our attorneys at The Brancato Law Firm rely on knowledge of local procedure instead, such as how scheduling, discovery, and plea timing work in the 13th Circuit. A lawyer who claims a personal relationship will fix your case is showing you a red flag.

Can I hire a private attorney if a public defender already represents me?

Yes, you can retain a private attorney at any point in the case. When you hire The Brancato Law Firm, our attorneys file a notice of appearance and coordinate with the public defender so the file and deadlines transfer without a gap. Florida law does not allow the court to appoint the public defender on the same case as retained private counsel. Our homicide defense team in Tampa handles these transitions on serious felony cases.

Who qualifies for a public defender in Hillsborough County?

A person qualifies when the clerk finds them indigent, which generally means household income at or below 200 percent of the federal poverty guidelines. The Brancato Law Firm can walk you through how that test applies if you are unsure which path fits your situation. Our public defender vs. private attorney comparison explains the eligibility rules in more detail.

How can I check a former public defender’s experience before hiring?

Ask the lawyer directly for trials to verdict, the units they worked in, and the roles they held, then confirm their standing with The Florida Bar. The Brancato Law Firm answers those questions in the first consultation. Our founder’s book on choosing a defense lawyer is free to download.

Can a former public defender help me before I am charged?

Yes, once that lawyer is in private practice. A public defender is appointed only after an arrest, while our attorneys at The Brancato Law Firm can contact the prosecutor during the investigation through pre-file advocacy. Early contact can give the prosecutor information to weigh before deciding what, if anything, to file.

Talk to Our Tampa Defense Attorneys Today

Our attorneys will start by reviewing your arrest report, bond status, and every deadline already running, then tell you plainly what the State must prove and where its case is weakest. The Brancato Law Firm, P.A. was founded by Tampa Criminal Defense Attorney Rocky Brancato, and our team includes attorney Jean-Luc Adrien, who speaks Haitian Creole and French, along with Spanish-speaking staff. The best time to act is before the State Attorney’s Office files formal charges, so call (813) 727-7159 today. You can call us at any hour.

For more about our defense strategies, visit our Homicide Defense page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

A new mental health diversion law known as the Tristin Murphy Act took effect in Florida on October 1, 2025. Senate Bill 168 reshapes how courts and prosecutors handle criminal cases involving people with mental health conditions—creating pathways to treatment instead of incarceration.

Key Provisions of SB 168

Who Is Eligible for Mental Health Diversion?

Under the Tristin Murphy Act, eligibility for diversion programs generally requires:

• A diagnosed mental illness, intellectual disability, or autism spectrum disorder
• A charge of misdemeanor, ordinance violation, or certain non-violent felonies
• Consent to treatment and participation in the diversion program
• Willingness to comply with treatment recommendations

Violent felonies and serious crimes are generally excluded. Prosecutors, judges, and defense attorneys collaborate to identify appropriate candidates.

What This Means for Tampa Bay Defendants

In Hillsborough, Pinellas, and Pasco counties, the Tristin Murphy Act provides a genuine opportunity for treatment instead of punishment. Defendants who qualify may avoid the lifelong impact of a criminal conviction by completing treatment programs. Successful completion can lead to charges being dismissed entirely.

However, prosecutors still control much of the process, and eligibility varies. Without strong advocacy, defendants risk being excluded from diversion programs they should qualify for. This makes experienced defense representation essential.

Frequently Asked Questions

What is the Florida mental health diversion law?

The Florida mental health diversion law, known as the Tristin Murphy Act (SB 168), takes effect October 1, 2025. It allows certain defendants with mental health conditions to receive treatment instead of traditional prosecution.

Who qualifies for mental health diversion in Florida?

Defendants facing misdemeanors, ordinance violations, or certain non-violent felonies may qualify. Eligibility depends on mental health evaluations, the type of charge, consent to treatment, and approval by the prosecutor and court.

Does the Tristin Murphy Act apply in Tampa Bay?

Yes. The law applies statewide, including Hillsborough, Pinellas, and Pasco counties. Additionally, SB 168 specifically extends the Forensic Hospital Diversion Pilot Program to Hillsborough County.

Can charges be dismissed under the new law?

Yes. Upon successful completion of treatment, the State Attorney must consider dismissal of charges. Many defendants who complete their treatment plans will have their cases dismissed.

How do veterans benefit from the Tristin Murphy Act?

The law expands funding for Veterans Treatment Courts. These specialized courts connect veterans with treatment programs instead of pushing them through standard criminal penalties.

Will probation include mental health treatment?

Yes. Under the new F.S. 948.0395, defendants who were previously found incompetent due to mental illness but later restored to competency must undergo evaluations and follow treatment as a condition of probation.

Why do I need a lawyer for mental health diversion?

The law creates opportunities, but prosecutors still control eligibility and outcomes. An experienced defense attorney ensures you are considered for diversion, protects your rights during evaluations, and advocates for dismissal when treatment is complete.

How I Can Help

I bring over 25 years of courtroom experience and have handled some of Tampa Bay’s most complex mental health-related criminal cases. I know how to:

• Push for diversion at the earliest stage of your case
• Ensure treatment plans are fair and realistic
• Secure dismissals after successful program completion
• Protect clients from unfair exclusion from diversion programs

Mental Health Is a Factor in Your Case?

The Tristin Murphy Act creates real opportunities for treatment and second chances. But those opportunities are not automatic. Having an experienced advocate guide the process often makes the difference between dismissal and continued prosecution.

If you or someone you love faces charges where mental health is a factor, now is the time to understand your options.

Call (813) 727-7159 for a Confidential Consultation

The Brancato Law Firm, P.A.

620 E Twiggs Street, Suite 205, Tampa, FL 33602

Serving Hillsborough, Pinellas, and Pasco Counties

Related Resources: See my Tampa Criminal Mental Health Lawyer page for more information on how I defend clients in mental health-related cases.

If you’ve been on social media recently, you’ve likely seen the viral video involving Captain Brock Horner. In it, Horner climbs aboard a young man’s boat and issues threats of violence, despite the young man’s efforts to de-escalate. The video has drawn widespread national attention. You can view it here: Facebook Video Link

Let us be clear: The Brancato Law Firm, P.A. does not condone Mr. Horner’s actions. We are not affiliated with him, are not seeking to represent him, and have no involvement in his case. Our purpose in discussing this incident is purely educational—to explore the legal implications of a viral event that has raised valid public questions.

What Charges Could Be Filed?

The footage raises legitimate legal questions about what charges could result from such behavior under Florida law. Most notably, this conduct could support allegations of assault and burglary of a conveyance—terms that carry specific legal meanings and serious consequences.

For example, if the prosecutor files a single charge of burglary with assault, it becomes a first-degree felony punishable by up to life in prison. While few would argue that the incident justifies such a sentence, combining these charges gives the State leverage in negotiations. Outcomes could range from problem-solving court referral to probation or incarceration.

If Mr. Horner is a licensed boat captain, professional licensing consequences may also come into play.

Some have even suggested piracy might apply. While the nautical setting invites that comparison, piracy is a rare and typically federal charge. In more than 25 years of practice, this writer has never seen such a charge filed in state court, and there’s little indication this case would be removed to federal jurisdiction.

Would the Young Man Have Been Justified in Using Force?

The young man in this case acted commendably, arguably with more intellect and restraint than many more “mature” human beings. One question that continues to surface is whether the young man on the boat would have been legally justified in using force—possibly even deadly force—in response to the intrusion.

Under Florida’s Stand Your Ground and self-defense laws, the answer may be yes.

Florida law creates a presumption of fear when someone unlawfully enters an occupied conveyance, which includes a boat. In this case, the video clearly shows an enraged intruder climbing aboard and issuing threats. He also claimed to be a military Ranger. Whether that claim was true is legally irrelevant; what matters is what the young man reasonably believed at the time.

The law requires that the fear be objectively reasonable—and many jurors would likely agree that it was. If the young man had been armed and had used force to defend himself, there is a strong legal argument that such force would have been justified under Florida Statutes §§ 776.012 and 776.013.

Why Discuss This Case?

Beyond its viral moment, the Horner incident touches on a broader issue: how the criminal justice system treats veterans who may be struggling with service-related mental health conditions.

That’s where Veterans Treatment Court (VTC) comes in—a specialized program offering structured treatment and accountability rather than traditional prosecution for eligible veterans. It’s not about excusing unlawful behavior—it’s about addressing the underlying issues that may have led to it.

What Is Veterans Treatment Court?

Veterans Treatment Court is a judicial program that connects eligible veterans with resources from the U.S. Department of Veterans Affairs, behavioral health providers, and veteran mentors. Its focus is on rehabilitation and recovery, while maintaining strict accountability.

In Hillsborough County, the VTC follows a team-based approach that includes:

• Access to VA treatment and support services
• Ongoing mentorship from fellow veterans
• Frequent court monitoring and structured compliance

It is a demanding program, not a shortcut. Participants are expected to fully engage in treatment and adhere to court orders.

Who Is Eligible?

Eligibility for Veterans Treatment Court in Hillsborough County is governed by Florida Statutes §§ 948.08, 948.16, and 948.21. You may qualify if:

1. Military Status
   
   
2. Service-Related Condition
   
   
3. Qualifying Offense
   
   
4. Voluntary Participation
   
   

Admission is not automatic—even if all criteria are met, entry into the program is up to the Veterans Court judge. A thorough legal and personal background presentation is often critical to that decision.

Why It Matters

In Hillsborough County, VTC is overseen by a judge who is also a military reservist and combat veteran, bringing unique perspective to the bench. The court’s goal is not to stigmatize, but to support veterans through accountability, structure, and access to care.

For those who complete the program successfully, the court may even dismiss the underlying charges, offering a true path to rebuilding.

Final Thought

After watching the video, many people understandably feel that Captain Horner does not deserve leniency. That reaction is valid—and it reflects the public’s strong sense of justice and safety.

But legal outcomes are based not on emotions alone, but on a careful application of facts and law. A competent defense attorney will likely conduct a complete background workup on Mr. Horner, examining any possible history of service-related trauma, mental health conditions, or other mitigating factors. That process belongs in the courtroom—not on social media—and should be handled by professionals, including lawyers, judges, and treatment providers, not by the court of public opinion.