Counsel's Third Motion to Withdraw as Attorney — United States v. Edwards (M.D. Fla., Document 280)

Summary

Undersigned counsel's third motion to withdraw as defendant Joshua Edwards's attorney in United States v. Joshua Edwards, Case 6:22-cr-00201-WWB-LHP, Middle District of Florida, Orlando Division, filed by Andrew C. Searle. It states that since the Court's pretrial detention order Mr. Edwards has refused to meet with or speak to counsel, including at a courthouse meeting on May 27, 2025 where Mr. Edwards put his head down for the entire meeting, and at a meeting on June 13, 2025, with Dr. Kim Spence accompanying counsel. It states that the government takes no position on the request. It asks the Court to hold a hearing, including addressing certain matters ex parte if necessary, and ultimately to grant leave to withdraw.

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“Counsel's Third Motion to Withdraw as Attorney — United States v. Edwards (M.D. Fla., Document 280).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-united-states-v-joshua-edwards-dkt-280-m-d-fla-3306a6bbc9/, SHA-256 6162da7f63d99013adfb7361e32a0750042f524d5008afc8318378489f0270fc.

Full text

Case 6:22-cr-00201-WWB-LHP Document 280 Filed 06/24/25 Page 1 of 7 PageID 1714

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
v. ) Case No. 6:22-cr-201-WWB-LHP
)
JOSHUA EDWARDS, )
)
Defendant. )
)

UNDERSIGNED COUNSEL’S THIRD MOTION TO
WITHDRAW AS DEFENDANT JOSHUA EDWARDS’S ATTORNEY

Regrettably, the undersigned counsel hereby moves for the third time to

withdraw as counsel for the Defendant, Joshua Edwards (“Mr. Edwards”). While

the undersigned has expended substantial time and energy representing Mr.

Edwards, it has become readily apparent that the defendant no longer wishes for

the undersigned to continue as Court-appointed counsel in this matter. The

undersigned does not make this motion to withdraw lightly and believes he has

exhausted all other options available to him. In further support of this motion, the

undersigned states as follows:
Case 6:22-cr-00201-WWB-LHP Document 280 Filed 06/24/25 Page 2 of 7 PageID 1715

STATEMENT OF FACTS

On December 7, 2022, a federal grand jury returned an indictment charging

Mr. Edwards with various fraud offenses, in violation of 18 U.S.C. § 1344, 18 U.S.C.

§ 1349, 18 U.S.C. § 1014, and 18 U.S.C. § 1546. See Doc. 1.

Mr. Edwards’s mental competency status was unresolved from the date of

his arrest on December 14, 2022, through March 31, 2025, when the Court entered

an order adjudicating the defendant competent to stand trial. Docs. 9, 14, 19, 124-

125, 209, 215, 242, 251. During this timeframe, Mr. Edwards underwent several

competency evaluations. Docs. 69, 71, 72, 96, 97, 121. Additionally, Mr. Edwards’s

first defense counsel was granted leave to withdraw based on Mr. Edwards’s

request for “another lawyer.” Docs. 128, 130.

Since the undersigned’s appointment on February 21, 2024, the undersigned

has had significant and consistent difficulties conducting attorney-client meetings

with Mr. Edwards. On several different occasions, Mr. Edwards has refused to

meet with the undersigned when the undersigned has gone to the Orange County

Jail to see the defendant. In addition, on a number of occasions, Mr. Edwards has

refused to participate in jail video visitation sessions that the undersigned has

scheduled and attempted to have with the defendant. Based on these challenges,

the undersigned has twice filed motions to withdraw as Mr. Edwards’s counsel.

Docs. 146-47, 150-151, 252, 258, 264.

2
Case 6:22-cr-00201-WWB-LHP Document 280 Filed 06/24/25 Page 3 of 7 PageID 1716

Most recently, at a hearing on April 8, 2025, the Court granted the

undersigned’s request to withdraw as Mr. Edwards’s counsel in this matter. Doc.

258. However, before the undersigned formally withdrew, Mr. Edwards’s

communication with the undersigned improved and the undersigned felt

compelled to continue serving as Court-appointed counsel so that the defendant

could finally have his bond hearing and move forward in the case. Id. As a result,

the Court denied the undersigned’s second motion to withdraw without prejudice.

Docs. 258, 264.

On April 11, 2025 and April 18, 2025, respectively, the undersigned

represented Mr. Edwards at hearings before the Court. Docs. 266, 269. At the

conclusion of the hearing on April 18, 2025, the Court ordered Mr. Edwards’s

pretrial detention at the Orange County Jail. Docs. 269, 270.

Since the Court’s entry of its pretrial detention order, Mr. Edwards has

refused to meet with, or speak to, the undersigned. Specifically, on May 13, 2025,

the undersigned attempted an attorney-client video visit but Mr. Edwards did not

appear on screen at the scheduled date and time. Later, on May 16, 2025, the

undersigned attempted to see Mr. Edwards in-person at the Orange County Jail,

however, jail staff informed the undersigned that Mr. Edwards was refusing to

meet.

3
Case 6:22-cr-00201-WWB-LHP Document 280 Filed 06/24/25 Page 4 of 7 PageID 1717

On May 19, 2025, in desperate hopes of continuing his representation of Mr.

Edwards, the undersigned filed a motion seeking a standing order directing the

U.S. Marshals to transport Mr. Edwards to the courthouse for attorney-client

meetings. Doc. 276. On May 22, 2025, the Court granted the undersigned’s motion

and directed the U.S. Marshals to bring Mr. Edwards to the courthouse for

attorney-client meetings on dates/times that were convenient to the Marshals’

prisoner transport schedule. Doc. 277.

On May 27, 2025, at the undersigned’s request, the U.S. Marshals brought

Mr. Edwards to the courthouse for an attorney-client meeting. When Mr. Edwards

was brought into the room with the undersigned, he put his head down for the

entire meeting and refused to speak to the undersigned. The undersigned waited

for approximately 20 minutes before leaving Mr. Edwards, who did not say a word

to the undersigned.

On June 13, 2025, the undersigned met with Mr. Edwards again at the

courthouse. Dr. Kim Spence accompanied the undersigned to this meeting, with

the Court’s approval. See Docs. 278, 279. Once again, when Mr. Edwards was

brought into the room with the undersigned and Dr. Spence, he placed his head

down and refused to speak to either the undersigned or Dr. Spence. After

approximately 30 minutes, the undersigned and Dr. Spence left Mr. Edwards.

4
Case 6:22-cr-00201-WWB-LHP Document 280 Filed 06/24/25 Page 5 of 7 PageID 1718

As discussed above, the undersigned has diligently attempted to continue

representing Mr. Edwards and believes he has exhausted all options available to

him before seeking, for the third time, to withdraw from this case.

The undersigned counsel is aware from his prior motions to withdraw in

this case that the government takes no position on the undersigned’s request to

withdraw from this matter.

MEMORANDUM OF LAW

The Middle District of Florida Local Rules provide, in relevant part:

If a lawyer appears, the lawyer cannot without leave of court abandon, or
withdraw from, the action.

(1) To withdraw, a lawyer:

(A) must notify each affected client fourteen days before
moving to withdraw unless the client consents to withdrawal, and

(B) must file a motion to withdraw that includes:

(i) a certification that the lawyer has provided fourteen days’
notice to the client or that the client consents to withdrawal . .

See Rule 2.02(c), M.D. Fla. Local Rules (emphasis added).

It is impossible for the undersigned to comply with the notice requirement

of Local Rule 2.02(c) because Mr. Edwards refuses to speak to the undersigned, as

noted above. Therefore, the undersigned respectfully requests that the Court set

a hearing on this motion to address Mr. Edwards’s refusal to speak with the

5
Case 6:22-cr-00201-WWB-LHP Document 280 Filed 06/24/25 Page 6 of 7 PageID 1719

undersigned and to determine whether the undersigned’s third motion to

withdraw should be granted.

Because Mr. Edwards refuses to speak with the undersigned, the

undersigned cannot meaningfully discuss with the defendant any plea offers that

the government might extend in this case. Moreover, the undersigned does not

believe he can effectively represent Mr. Edwards at trial where Mr. Edwards is

unwilling to meet or speak with the undersigned.

CONCLUSION

WHEREFORE, the undersigned counsel, Andrew C. Searle, Esq.,

respectfully requests that this Court hold a hearing on this motion, including

addressing certain matters ex parte if necessary, and ultimately grant the

undersigned leave to withdraw.

Respectfully submitted on this 24th day of June, 2025.

s/Andrew C. Searle
ANDREW C. SEARLE, ESQ.
Florida Bar No. 0116461
SEARLE LAW P.A.
200 East Robinson Street, Suite 1150
Orlando, Florida 32801
Telephone: 407-952-0642
Email: andrew@searle-law.com
Attorney for Defendant Joshua Edwards

6
Case 6:22-cr-00201-WWB-LHP Document 280 Filed 06/24/25 Page 7 of 7 PageID 1720

CERTIFICATE OF SERVICE

I HEREBY CERTIFY on June 24, 2025, I filed a copy of the foregoing with

the Clerk of the Court via the CM/ECF system. I further certify that all parties to

this case are equipped to receive service of documents via that system.

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