Navigating the Criminal Justice System in Destin, FL
A criminal charge can turn your world upside down, and the legal process to deal with it is complex and intimidating: only more so when you realize that your future depends on the outcome. If you or someone you care about is facing charges in Destin, FL, having the right legal representation makes a critical difference. Let’s discuss the process and why a strong defense team and an experienced criminal lawyer is so important.
The Stages of a Criminal Case in Destin, FL
After an arrest, your case will typically proceed through several stages. The first appearance before a judge is where you’ll be informed of the charges and bail may be determined. This is also where your attorney can begin advocating to secure your release or negotiate more favorable release conditions. Next, at your arraignment, you formally enter your plea. If you plead “not guilty,” the discovery process begins. This is where your attorney examines evidence gathered by the prosecution and can conduct their own investigation, potentially uncovering weaknesses in the case against you.
Throughout these early stages, your attorney may explore plea negotiations with the prosecution. Plea negotiations can take quite a lot of back and forth, so having a skilled negotiator can make the difference between a harsh sentence and a more favorable resolution. If a plea agreement cannot be reached, your case proceeds to trial. This is where a judge or jury will decide your guilt or innocence, and you’ll want an experienced lawyer who knows how to cross-examine any witnesses against you and put the evidence in the best possible light for you.
Read the rest of this entry »Florida Arrest Warrants: A Comprehensive Guide
Active arrest warrants are very specific legal documents. An arrest warrant will be ordered by a judge after review for probable cause to believe a crime has been committed. An active arrest warrant means Florida law authorizes an arrest.
Cobb Criminal Defense does more than a search engine check with pre-arrest representation. Searches for “arrest warrant florida” or “active warrants florida” produce different search and advertiser results.
Search engines are not designed to produce qualitative search results. These Big Tech algorithms are privacy invasive ad servers. Florida criminal defense attorneys perform investigations regarding Florida warrants routinely.
What is an Active as Opposed to an Inactive Arrest Warrant (Florida)?
There are several types of active “warrants” issued by a County or Circuit Court judge. A warrant may be inactive for several reasons. Warrant recall, arrest of the defendant or lack of legal validity. One of the first defenses we look for is whether a warrant is legally valid.
Read the rest of this entry »Fort Walton Beach Criminal Defense Attorney
If someone you love has been charged with a crime in Fort Walton Beach, you need a skilled and experienced criminal defense attorney. The consequences of a criminal conviction can be severe and long-lasting, affecting your personal and professional life. That’s why it’s important to understand the role of a defense lawyer.
What is a Criminal Defense Attorney?
A criminal defense attorney is a legal professional who focuses on defending individuals charged with criminal offenses. Some practice in other areas of law while some limit their practice like we do.
The best criminal defense attorneys are specialists certified by the Florida Bar.
The Importance of Hiring a Criminal Defense Lawyer
Facing criminal charges can be a daunting and overwhelming experience. You already know of the risk of harsh penalties such as fines, probation, jail or prison time.
A criminal defense lawyer can help protect your rights and fight for the best possible outcome for your case. They will work to investigate the charges against you, gather evidence, and build a strong defense strategy.
Read the rest of this entry »Lewd or Lascivious Molestation Meaning: 800.04
Lewd or lascivious molestation is a crime that involves sexual activity with a minor under the age of 16. Florida does not have a criminal charge named “rape” but has “sexual battery” instead.
Likewise, Florida does not have a crime named “child molestation” and has Florida Statute 800.04(5). Generally, 800.04 is a sex offense statute different from 794, the Florida Sexual Battery statute. The key difference centers on the law of legal consent to engage in sexual relations.
This is defined by Florida statute section 800.04 (5)(a) and (b). The definition is complex and long:
- Lewd or Lascivious molestation involves intentional touching of specific areas of the human body. These areas include the breasts, genitals, genital area, or buttocks, of a person less than 16 years of age. Touching of the prohibited areas includes the clothing over them. This is defined by Florida statute section 800.04 (5)(a) and (b).
- A person can be charged for use of force or enticement where “a person under 16 years of age to so touch the perpetrator.” Being unlawfully touched is part of the lewd or lascivious molestation meaning.
- The ages of the people involved matter.
- Prior criminal history also matters.
- The offense may be reclassified by the prosecutor. The prosecutor may file the charge as a life felony, first degree, second degree or third degree felony. The police may arrest you for one charge but the prosecutor may increase or reduce the charges.
Understanding the Meaning of Lewd or Lascivious Behavior
The phrase “lewd or lascivious behavior” actually refers to Florida statute sections 800.04(6) and (7). This phrase is not technically correct but commonly used.
“Behavior” refers to both “conduct” under subsection (6) and “Exhibition” under subsection (7). Either may be classified as a third or second degree felony.
Read the rest of this entry »Facing criminal charges can be an overwhelming experience. It is crucial to have a skilled and experienced criminal defense lawyer. However, it can be challenging to know which one is the right fit for your case. Here is what you need to know about hiring a criminal defense lawyer.
Experience and Expertise
The first and most important factor to consider is expertise in criminal defense. Look for a lawyer who has a proven track record of successfully defending clients in cases similar to yours. The most skilled have the letters “BCS” instead of “Esquire” or “Esq.” BCS is the Florida Bar’s designation that a lawyer is a “Board Certified Specialist”.
Okaloosa defense lawyers must have a deep understanding of the Florida criminal justice system. This includes legal procedure and the laws related to your case. Additionally, it is essential to choose a lawyer who specializes in criminal defense rather than a general practitioner.
Read the rest of this entry »Arrest to Verdict: Okaloosa, Florida Criminal Cases
Being arrested and charged with a crime can be frightening and overwhelming. Suddenly, you are in the criminal justice system and faced with a dangerous and complex legal process. In this article, we will break down the stages of a criminal case and provide tips for navigating each step.
Arrest and Booking
The first step in a criminal case is an investigation. The second is an arrest and booking.
An arrest occurs when a law enforcement officer has probable cause to believe a crime has been committed. The person accused will be taken into custody. There may be a temporary detention before being taken to the Okaloosa County Department of Corrections (the county jail).
The booking process involves taking of fingerprints, photographs, and personal information. You will also be informed of your rights, including the right to remain silent and the right to an attorney.
Read the rest of this entry »Understanding Florida Capital Sexual Battery Laws
Capital sexual battery is a serious crime that involves both sexual misconduct and battery. It is a capital offense in many states and carries severe penalties, including life imprisonment. If you or someone you love is investigated or charged with capital sexual battery case, it’s frightening. This is a charge where it is important to understand the law.
What is Capital Sexual Battery?
Capital sexual battery is intentional and unlawful sexual contact with of a child under the age of twelve (12). This offense is considered a capital offense because of the age of the complaining witness. The sole difference between capital sexual battery non-capital sexual battery is the age.
Penalties for Capital Sexual Battery
The penalties for capital sexual battery vary by state, but they are typically severe. In some states, capital sexual battery is punishable by life imprisonment without parole. In others, it is punishable by the death penalty.
There is no death penalty for this offense in Florida, but capital sexual battery carries a life sentence. These harsh penalties reflect the seriousness of the crime, the politics of the state, and the impact it has on the victim.
Read the rest of this entry »Facing a criminal charge can be frightening: your future and freedom feel uncertain, and the legal system can seem impossibly complex. Yet you have rights, and a skilled criminal defense attorney in Walton Beach, FL can help you protect them. You are not alone in this battle.
Defending Your Rights: Criminal Defense Strategies in Florida
Remember, you are presumed innocent until proven guilty beyond a reasonable doubt. This means the prosecution has the burden of convincing the jury of your guilt with undeniable evidence. Your defense strategy will focus on casting doubt on the prosecution’s case, identifying weaknesses in their evidence and presenting alternative explanations for the events.
Read the rest of this entry »By Stephen G. Cobb, Board Certified Criminal Trial Law Specialist
Florida Domestic Violence lawyers are not mind readers but certain patterns exist. If you or someone you love needs a domestic violence attorney, then in addition to limiting your search to certified specialist in Florida criminal trial law you need to consider practical realities. Let’s go through the emotions and the thought process I’ve seen people go through for over three decades. As you will see, this is the voice of experience and not guess work.
Do I really need a domestic violence attorney?
If you are completely okay with going to jail, domestic violence probation, and undergoing 26 weeks of domestic violence batterer’s counseling (without missing a single class), then you do not need a domestic violence attorney to help you. You will suffer a lifetime of collateral consequences (as in “can’t pass a background check for a good paying job”) and also have inexpugnable criminal history in addition to a harsher penalty than is necessary.
So, if you take your case and your life seriously then you definitely need an experienced domestic violence attorney.
The Steps to Success with a Domestic Violence charge
Instead of sticking your head in the ground and relying on “hope”, your first step is to hire an experienced criminal defense attorney with substantial skill handling domestic assault and domestic battery charges in Florida courtrooms. Limit your search to Board Certified Criminal Trial Law Specialists. The best Florida Domestic Assault and Battery lawyers are not designated by “Esq.” for “esquire”. The best are designated by “BCS” which stands for “Board Certified Specialists”.
To make your search for a domestic assault or battery search even easier, look for this logo – ONLY Florida Bar certified criminal law experts can legally use it:
There are many things you need to do to protect yourself from domestic violence charges, whether they are felony or misdemeanor, and whether they are for domestic assault or domestic battery.
Your next step will depend on the legal team and or law firm you work with. However, we always start with your version of the facts about what happened. This is called a Fact Pattern Report,
In domestic assault and battery cases, it’s far too easy to rely upon arrest reports, probable cause statements and body worn camera video and this is a mistake!
Body worn camera has been received in many domestic assault and battery pretrial discovery cases where there was no audio or the video was incomplete, turned off during an investigation or placed to show part of the investigation while deliberately hiding favorable evidence from view.
So, how do you tell us what happened when the police came and questioned you about a domestic violence assault or battery charge? The answer is your written Fact Pattern Report about the factual events that occurred and also a history of the course of the relationship in most cases. This second step is critical. My first jury trial was over 30 years ago and despite multiple “chat sessions”, my client forgot to tell me a critical fact that only became known as we were literally walking into the courtroom with a jury in the box waiting for opening statements. This previously unknown fact meant my client was definitely going to be convicted and sentenced to the maximum. Worse, there was no way I could have thought to ask a question in the category of “did a random plane flying over your house drop a bolt that hit your driveway” type of fact.
So, here is your biggest path to failure with domestic abuse charges whether assault or battery: verbally tell your story over and over again and become very pushy with your legal team for results right now! There are other ways to blow up your life with a first offense domestic assault or battery charge, yet this one is the fastest and most effective method. By verbalizing the events, accuracy is reduced. Plea negations are unable to be conducted as effectively as needed and bad fact pattern cases go to losing jury trials while the domestic assault attorney discovers case destroying facts the hard way. “Fact babbling” with domestic assault and battery lawyers is why first offense, no prior record domestic violence defendants get maximum sentences.
Your case is far too serious to verbally babble about. Instead, write down what is needed over no less than 4 days. Righteous anger is your enemy. Facts, logic and reasoning are your best friends. Write about your domestic abuse case for your attorney, don’t babble.
By Stephen G. Cobb, Board Certified Criminal Trial Law Specialist
One of the most frustrating things for a specialist in criminal trial law is the use of inaccurate language. This frustration is due to the fact that such language causes confusion. For example, domestic assault and battery is a common phraseology that confuses people because you never hear domestic violence assault separated from domestic violence battery charges. They are not the same thing.
Let’s examine the elements the prosecution must prove in trial for each charge.
Under Florida criminal law statute section 784.011 and Florida Standard Jury Instruction 8.1, there are 3 elements to an assault charge, domestic or not:
- (Defendant) intentionally and unlawfully threatened, either by word or act, to do violence to (victim).
- At the time, (defendant) appeared to have the ability to carry out the threat.
- The act of (defendant) created in the mind of (victim) a well-founded fear that the violence was about to take place.
In short, an intentional threat + apparent ability to carry threat out + a “well founded” fear that the violence threatened is “about to take place.” Let’s now examine the elements of a battery:
- (Defendant) actually and intentionally touched or struck (victim) against [his] [her] will.
- (Defendant) intentionally caused bodily harm to (victim).
As you can see from the two examples, domestic assault has three elements and domestic battery has two. There are also other factors to consider: case law.
Give only if applicable. Fey v. State, 125 So. 3d 828 (Fla. 4th DCA 2013).
An intentional touching or striking includes situations where a defendant knows that a touch or strike is substantially certain to result from his or her act.
The above case answers a question: what happens if someone throws an object at someone else and the free flying object hits the other party? The answer is clear: it’s a domestic violence battery.
The next example is most commonly involved with cases where a vehicle strikes another one:
Give only if applicable. Clark v. State, 783 So. 2d 967 (Fla. 2001).
A battery may be found as a result of the intentional touching or intentional striking of something other than the actual body of the person. However, the object that is touched or struck must have such an intimate connection with the person that it is to be regarded as a part or as an extension of the person. [For example, in cases where a person intentionally drove into another occupied vehicle, it is for you to determine whether the vehicle that was struck should be considered as a part or as an extension of the person inside that vehicle. This determination may include consideration about whether the person was “touched” through the force of impact by being jostled or otherwise impacted through the transfer of energy from the collision.]
Since we are discussing the differences between domestic violence assault versus domestic violence battery, note that the assault statute and jury instructions do not cover this “domestic” element. This is how this element is determined:
“Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
“Dating relationship” means a continuing and significant relationship of a romantic or intimate nature.
As you can see, this definition of “family” or “dating relationship” is very broad when it comes to domestic assault or battery charges.