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Is There An Opportunity To Reduce A Sentence At A Sentencing Hearing?

Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just like talk to text on your smartphone, there may be misspelled words or sentence fragments. Yes, there is an opportunity to reduce a sentence at a sentencing hearing. This takes us into the area of what […]

What Should I Expect To Happen At A Sentencing Hearing?

Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just like talk to text on your smartphone, there may be misspelled words or sentence fragments. I normally describe the legal system as an upside down letter Y. It starts with an investigation, follows with an arrest […]

When Does Sentencing Actually Take Place In A Criminal Case?

Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just like talk to text on your smartphone, there may be misspelled words or sentence fragments. In Florida, a criminal case sentencing will happen at one of the several different points. As a practical matter, anyone arrested […]

Is Someone Sent Straight To Jail After A Sentence Hearing?

WHAT HAPPENS AT SENTENCING? A defendant who has been given a sentence of jail time often wonders whether or not they will be taken to jail immediately. This is the exact reason why no one should enter a plea of no contest or guilty at their first court date outside of the jailhouse, and something that an […]

Can Witnesses Or Alleged Victims Speak At A Sentencing Hearing?

Witnesses and alleged victims can speak at sentencing hearings, but as a practical matter, very few do. Florida provides a constitutional right for victims to be present at what’s called a crucial stage of the legal proceedings. Sentencing is always considered a crucial stage. The input from a crime victim is always very important. Lawyers […]

What Is Lewd or Lascivious Molestation In Florida?

Florida has a completely different statute section that makes certain sexual activity unlawful. Some consider it to be similar to chapter 794, but it is very different. Specifically, 800.04 addresses four different types of lewd or lascivious behavior that is illegal under the law. The first is lewd or lascivious battery. The penalty range is […]

What Actually Is Sexual Battery In Florida?

Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just like talk to text on your smartphone, there may be misspelled words or sentence fragments. Florida is very different from most states in that it does not have a statute that uses the word “rape.” Instead, […]

What If There Are No Witnesses Or Evidence In A Sexual Battery Case?

Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just like talk to text on your smartphone, there may be misspelled words or sentence fragments. One of the most frequent questions I’m asked about sex offenses is what to do if there are no witnesses or […]

Step 7: Make Decisions From The Perspective Of A Third Person

Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just like talk to text on your smartphone, there may be misspelled words or sentence fragments. When you are involved in a criminal case as a family member or as a defendant, it’s very easy for your […]