Top Assault and Battery Lawyers Near Me
Searching like crazy for assault and battery lawyers near me? When facing charges of assault and battery, you need a skilled and experienced defense attorney on your side.
Assault and battery charges can have serious consequences, including jail or prison time. No one wants errors which result in a permanent criminal record. That’s why it’s essential to find the best assault and battery lawyer to represent you, rather than the cheapest.
Read the rest of this entry »Being charged with a crime in Florida is a serious matter. Whether it’s a misdemeanor like disorderly conduct or a serious felony like drug trafficking, you need to understand the process and your rights to protect yourself. Here’s a brief explanation from a criminal defense lawyer serving Crestview, FL on what to expect when facing criminal charges in Crestview.
What to Expect When Facing Criminal Charges in Crestview, FL: A Criminal Defense Lawyer Explains
The Initial Arrest
The first step in the criminal justice process is often an arrest. Law enforcement officers may arrest you based on probable cause, meaning they have a reasonable belief that you have committed a crime. During the arrest, you have the right to remain silent. It’s advisable to politely invoke this right and refrain from giving any statements without consulting an attorney.
Booking and Bail
Following an arrest, you will be transported to the Okaloosa County Jail for booking. This process involves the gathering of basic personal details, fingerprinting, and photographing. A judge will then determine whether you are eligible for bail. Bail is a sum of money paid to ensure your appearance in court. The amount of bail will depend on the severity of the charges and other factors deemed relevant by the judge.
Read the rest of this entry »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.
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