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.
When you Need a Sex Crimes Attorney in Florida
By Stephen G. Cobb, Board Certified Criminal Trial Law Specialist
In the beginning…
You or someone you love is being investigated or has been charged with some form of sex crime and you need a skilled criminal defense attorney.
You already know that whether charged as a sexual battery, a sexual assault, a lewd or lascivious molestation, act or battery that the case is serious. The same is just as true for traveling to meet a minor for unlawful sexual purposes or child pornography. Sex crimes attorneys know all of them are serious.
The search for a sex crimes attorney
Google is not your friend. Google is not a search engine, either. Google is an ad server.
The Google Ad Server does not care about you getting the best sex crimes lawyer. The Google Ad Server wants you to click on lots of very expensive ads which cost sex crimes lawyers hundreds of dollars for each click. Worse, instead of real reviews from the people who would know the experts the Google Ad Server deliberately hides this from you. It would be bad for Google’s Ad Server business if actual, certified experts were listed according to actual credentials. So, instead of getting the best in field you get the best marketers.
Which is more important to you, the slickest most expensive ads designed to part you from your money regardless of skill and experience or finding the best sex crimes defense attorney?
How to find the best sex crimes attorney
In Florida, you can find the best sex crimes attorney with a single question: “are you certified by the Florida Bar as a Criminal Trial Law Specialist?” For 28 areas of law in this state, you only need one question: are you a Florida Bar certified specialist? The answer is either “yes” or the long story about why BCS (Board Certified Specialist) status doesn’t matter.
Less than a fraction of 1% of Florida lawyers are specialists in criminal law. You can trust the Google Ad Server, which requires no testing, criminal case trial experience or reviews from opposing trial counsel and from trial judges or the Florida Bar. The Bar requires each of those things and more.
Your sex crimes attorney will not be cheap
Generally speaking, privately retained sex crimes attorneys do not take long, drawn out payment plans. In terms of complexity, sex crimes are one of the most complicated areas of Florida criminal law practice complete with special evidence rules and intense public scrutiny. For this and other reasons, legal fees tend to be higher than the legal fees charged in other areas of criminal law. This is also an area where many more cases go to trial and thus an experienced sex crimes attorney will have lots of jury and bench trial experience. These types of trials take a long time to prepare for court. My last bench trial was a sex crime where the defendant was found not guilty by reason of insanity in under a single minute. However, it took over two years to get the case ready for trial.
If the legal fee your sex crimes attorney charges seems to good to be true, then it probably is: if there is one area of criminal law where discount fees are routinely a problem, it is with sex crimes and murder cases. Bluntly stated, if you cannot afford the fee the best sex crimes lawyers charge, then you should consider whether you qualify for the services of the Office of the Public Defender. Yes, they have cases coming out of their ears because they are kept overloaded intentionally. However, an overworked sex crimes attorney with experience is better than a privately retained one who have no trial experience. Even if your case does not appear headed for trial, the prosecutor will not offer the best deals to those sex crimes attorneys who cannot find their way to jury selection.
Filing an Injunction for Protection
Nobody ever deserves to be hit or treated cruelly, especially by the ones they love. While everyone would probably agree that that is true, it is not always the way things actually are. There are many reasons that domestic or stranger violence occurs and when it becomes a regular problem, when it is happening with alarming frequency, it is time to file for an injunction for protection. The process can be confusing, and scary on top of what is already going on in your life, so it might be a good idea to call an attorney to help you guide through the process.
A Florida criminal law attorney can not only advise you of your rights but also guide you to which court would best serve your purposes in this matter. An injunction for protection can be filed in either criminal or civil court depending on what the exact situation is and who is involved. There are four types of the injunction of protection including:
- An injunction against domestic violence
- Against repeated violence (not domestic violence)
- Against dating violence
- Against sexual violence
The Kissimmee defense attorney will listen to your case and tell you what you might need to bring with you to court to file your injunction. This can include all documentation of the events that have led you to believe that you need this protection from the court, any medical or police reports and any photographic evidence that you might have.
In the case of an injunction for protection against repeated violence there must be two unrelated incidents and one of them must be within six months of the time that you have filed for the order. Because this particular injunction is filed against people who are not known to you in some way (for example someone who would qualify under domestic violence) you must be sure to carefully document every contact, every threat and every act of violence. And your Florida criminal defense lawyer will assist you in every way.
False Domestic Charges
Domestic violence law in Florida is not just one law, but several laws that operate together. Thus, it is more accurate to think and speak in terms of Florida’s Domestic Violence Laws. The reason is very simple: Florida’s legal system creates many different types of domestic abuse that constitute a violation of the criminal law.
One of the most significant problems with the entire statutory structure is the absence of even recognizing false allegations. Sure, Florida has a section prohibiting the filing of a false police report. Yet, the penalty is a misdemeanor – unless the victim of a false allegation is in a special protected class, such as law enforcement officers. Worse, these types of offenses are almost never prosecuted and when they are, they receive scant publicity compared to the publicity an alleged abuser receives.
FALSE DOMESTIC VIOLENCE CHARGE AWARENESS MONTH
June is False Domestic Violence Charge Awareness Month in Florida. Each year, thousands of lives are damaged by false domestic violence charges. Why do people – men and women – file false domestic violence charges? Several reasons:
- To gain leverage in a divorce action
- To protect themselves when the police are called and they are afraid of prosecution if they don’t make a false accusation
- mental illness, use of drugs or alcohol can cause false beliefs – and false memories of what actually transpired
- To win a lawsuit, often without even filing one – gaining hush money
- To get ‘payback’ for a slight, real or perceived
- Simply because someone is angry
- To win an argument in a very dramatic and public fashion
- To join the ‘brotherhood and sisterhood of victimhood’ – being a ‘victim’ gains a special status, a place of honor for their ‘suffering.’
A Domestic Violence charge is far too serious to be trivialized by false allegations, which are rarely prosecuted on the flimsy ground that prosecuting false accusers would deter real victims.
Real victims are people who have truly been victimized by the wrongful, violent conduct of another person – including victims of Domestic Legal Violence: The use of Law Enforcement Officers to physically force someone into jail and force them to be prosecuted and threatened with further imprisonment for a crime they did not commit.
So each June is False Domestic Violence Charge Awareness Month.
When you watch police or courtroom dramas on TV or when the newscasters speak about someone who has just been arrested, you will hear terms such as “felony,” “misdemeanor” and the like. Often the terms will include “degrees,” such as a first degree or so on. Knowing what all of those classifications mean can make the difference between hiring just any lawyer off of a list or hiring the finest Ocala attorney that you can find.
The penalties for some crimes become steeper with each commission. For instance, a simple DUI may be misdemeanor for the first offense but becomes a third degree felony by the third arrest in ten years. What does the difference in classifications mean though? Once you are arrested and have employed an Ocala attorney, he will explain the difference in more detail.
A felony is a crime that can be punished by more than a full year in a state penitentiary or correctional facility. The fines that are levied against those who are found guilty of a felony can vary according to the case itself and circumstances.
A misdemeanor is a crime that can be punished by less than one year’s time to be served in a county jail or correctional facility. Fines for misdemeanor crimes will also vary according to the particular crime and the circumstances. In both classifications there will be court costs and other associated fees to contend with as well, including restitution to victims if required.
An Ocala attorney will explain the differences between these crimes as well as what your options are toward resolution. He may suggest that you plead guilty to a lesser crime, for instance, rather than risking a trial and being found guilty of the original offense. If the prosecuting attorney has a very strong case against you however, he may refuse to take any deals that are beneficial to you in any way.
Once you are found guilty of a crime as an adult, that classification will remain on your record forever. For some jobs, simply having a felony conviction may be enough to keep you from being hired. It is always in your best interest to obey the law, but if you do find yourself facing charges of any level, you should contact a good Florida criminal defense attorney for assistance.
Homicide is one of the most serious crimes that can be committed in the state of Florida. It is the death of one person caused by another, whether intentionally or through negligence. Depending on the circumstances, homicide may be classified as murder, involuntary manslaughter, or justifiable homicide.
If you have been charged with homicide in Florida, you should know that you face possible prison time, large fines, and other negative effects on your personal and professional life. Therefore, it is essential that you have the assistance of an expert criminal defense lawyer who can adequately represent you in court.
What to do if you are arrested for homicide?
The first thing you should do if you are arrested for murder is to exercise your right to remain silent and request the presence of an attorney. Do not make any statement or confession without the legal advice of your defender. Also, do not sign any document or come to any agreement without consulting your attorney.
Remember that anything you say or do can be used against you by the prosecution. Therefore, it is essential that you contact your attorney as soon as possible and inform him or her of all the details of the case. Your lawyer will be able to guide you on how to proceed and what defense strategy to follow.
What defense strategies can be used in a homicide case?
The defense strategy used in a homicide case will depend on the evidence, witnesses, and the specific circumstances of each situation. However, some of the possible defenses that can be raised are the following:
- Self-defense: This involves alleging that the accused acted in self-defense or defense of third parties in the face of an imminent and reasonable threat of death or serious injury on the part of the victim.
- Alibi: This is about proving that the accused was not present at the place and time of the event, and therefore, could not have committed the crime.
- Reasonable doubt: This involves questioning the credibility, consistency, and sufficiency of the evidence presented by the prosecution, and generating reasonable doubt about the guilt of the accused.
- Imputability: It is about arguing that the accused was not aware of or responsible for his actions at the time of the incident, due to mental illness, involuntary intoxication, or serious emotional disturbance.
Why is it important to have a lawyer specialized in criminal defense?
As you can see, facing a murder charge in Florida is neither simple nor trivial. In-depth knowledge of criminal defense laws, procedures, and techniques is required in order to obtain the best possible result.
Therefore, if you or a loved one has been charged with homicide in Florida, do not hesitate to contact a criminal defense attorney who can defend their rights and interests. An experienced attorney will be able to evaluate your case, devise an appropriate strategy, negotiate with the prosecution, present evidence and witnesses on your behalf, and represent you before the judge and jury.
Don’t risk facing a charge as serious as murder alone. Seek the professional help you need and deserve.
Rehabilitation for Offenders in Florida
What rehabilitation options are there in Florida for offenders?
Rehabilitation is a process that aims to help people who have committed crimes to change their behavior, acquire skills, and reintegrate into society. Rehabilitation can be an alternative or a complement to the prison sentence, depending on the seriousness of the crime, the conditions of the case, and the needs of the offender.
What are the benefits of rehabilitation?
Rehabilitation has several advantages for both offenders and society. Some of them are:
- Offense decreases. Research has shown that rehabilitation programs can reduce recidivism rates, which means fewer victims, less court costs, and less prison overcrowding.
- Promotes restorative justice. Rehabilitation seeks to restore the damage caused by the crime, both to the victims and to the community. Rehabilitation may involve the payment of fines, compensation, community service, or mediation between the parties.
- Facilitates social reintegration. Rehabilitation provides offenders the opportunity to improve their education, employability, mental health, and self-esteem. Rehabilitation allows offenders to resume their role as productive and responsible members of society.
What modalities of rehabilitation exist in Florida?
In Florida, there are various rehabilitation alternatives for offenders, depending on their profile and their legal situation. Some of them are:
- Conditional freedom. It is a measure that allows the offender to serve his sentence outside of jail under the supervision of a probation officer. The offender must respect certain conditions, such as not committing new crimes, not using drugs or alcohol, submitting to detection tests, and attending treatment or education programs, among others.
- House arrest. It is a measure that limits the offender to remain in his residence for a certain period, except for authorized activities, such as working, studying, or going to the doctor. The offender may be monitored electronically or by periodic visits from the probation officer.
- Rehabilitation or treatment programs. These are programs that offer specialized care to offenders who have drug, alcohol, mental health, or sexual behavior problems. Programs may be residential or outpatient, and may be court-ordered or voluntary by the offender.
- Labor release. It is a measure that allows the offender to leave prison during the day to work or study, and return at night. The offender must pay a daily fee to the labor release center and comply with the established rules of conduct.
How to access rehabilitation in Florida?
The offender must meet certain legal and personal requirements to access rehabilitation in Florida. Some of them are:
- Not have a serious or violent criminal record.
- Not having committed sexual crimes or crimes against minors.
- Do not represent a risk to public safety.
- Demonstrate regret and willingness to change.
- Accept the conditions and obligations of the program.
- Have family and social support.
In addition, the offender must have adequate legal advice to request rehabilitation before the judge or the prosecutor.
Community service is a voluntary activity that is carried out for the benefit of the community without receiving any payment or financial compensation. Community service can have different purposes, such as helping people in need, taking care of the environment, and promoting education or human rights, among others.
Community service has many benefits for the offender and for society. On the one hand, the offender avoids going to jail and its negative consequences, such as social stigma, loss of job opportunities, or family breakdown. In addition, the offender can repair the damage caused to the community and reflect on his conduct. On the other hand, society benefits from the work done by the offender and saves the costs of the prison system.
For what crimes does community service apply?
Community service is not applicable to all crimes or to all offenders. It depends on the type and severity of the crime, as well as the judge’s decision. Community service may be imposed as part of a suspended sentence, probation, or suspended sentence. It may also be an option for the offender to negotiate with the prosecutor and avoid a trial.
To perform community service, the offender must meet certain requirements and conditions. The offender must give consent and accept the rules established by the judge. The offender must complete the assigned hours within the established period and under the supervision of an authorized agency. The offender must take responsibility for it and face the consequences if he defaults or abandons community service.
In Florida, there are many community service options that can be performed depending on the needs of the community and the abilities of the offender. Some examples are:
- Cleaning of parks, beaches, or roads.
- Assistance to the elderly, disabled, or sick.
- Support charitable, educational, or cultural organizations.
- Participation in prevention or rehabilitation programs.
If you have been accused of a crime in Florida and want to know if you can opt for community service as an alternative sanction, schedule a consultation with us, and we will advise you and defend your rights.
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