Unlawful Possession Of Child Pornography, Sexual Performance By A Child
2012: Twenty-four (24) counts of unlawful possession of child pornography, sexual performance by a child plus one (1) count of Promoting a sexual performance by a child usually results in a “plea bargain” of several years in prison followed by probation and sex offender registration.
However, a background in computers and a life long love of technology proved to be helpful. It’s rather technical, but the easiest way to explain it is that there are different types of memory in all computers, with different purposes. These differences meant that the case result was NO INCARCERATION AND FOUR YEARS PROBATION.
Capital Sexual Battery (Child Under 12 Years Of Age)
2011: A client was dating a woman with small children. His girlfriend had been separated for over two years and was going through what appeared to be a never ending divorce. Child custody, alimony and child support issues had kept the case alive for almost three years.
The father of the children sensed an opportunity that every man dating a woman with children fears – he coached the youngest child into making an allegation of child sexual abuse.
The Florida Department of Children and Family Services and Law Enforcement investigators immediately intervened. Prosecution for a false allegation of sexual abuse was pending against the client when he called.
Early intervention is critical in criminal cases, and in this case, the client was smart enough to hire an attorney immediately rather than simply hoping for the best. This was a wise move: Assisting him, it was able to be shown that the child had been coached, the accusation was completely unfounded and untrue. The result? NOT CHARGED
Capital Sexual Battery (Two Counts, Children Under 12)
1997: Two of the worse parents imaginable had two beautiful children who they neglected. Each was developmentally delayed from the neglect, and later it was discovered, from unspeakable child abuse including medically verifiable sexual batter by penetration multiple times. Of all of the men around them within the household, they identified . . . a neighbor.
For over a year, the client was forced to wait in jail, because bond was denied. The case was extremely complex and one of the most difficult every tried in firm history.
At trial, the abuse by the parents was brought to light, along with numerous inconsistencies in the allegations made by the children. The jury could sense that the children had clearly been abused, including sexually. After several days of trial conducted by Mr. Cobb, the verdict was NOT GUILTY.
Lewd Or Lascivious Battery On A Victim Under 16 (First Degree Felony Punishable By Life)
2010: Two high school students fell in love. Their desire combined with their hormones and they did precisely what they were biologically wired to due when their hormones are raging. They had sex.
Unfortunately, the boy had just turned 18 in his senior year and his girlfriend was just short of her 16th birthday. Much worse, her father found out about it and against the wishes of his entire family, filed a complaint with law enforcement and pressed for prosecution, imprisonment and sexual offender registration of his daughter’s boyfriend, who had just been accepted into college.
Early intervention once again played a crucial role: Despite the charge, the intervention of legal counsel resulted in the young client got a reasonable bond his family could afford. Despite the seriousness of the charge, he remained out of jail on bond while his case was pending for many long months. At the suggestion of Mr. Cobb, he didn’t put his life on hold, waiting to see what would happen. He enrolled in college and made the honor roll while the case was pending.
The discovery phase of the case quickly revealed two important facts: the girl was a willing participant, yet uncharged, but this simply meant they were both factually guilty of a first degree felony.
Depositions were taken, and the client’s former girlfriend broke down in tears over the mistreatment of the man she loved by her own father. After her deposition was concluded, the court reporter was excused so both the State and the Defense could speak with the father. Mr. Cobb confronted the father and told him point blank that his daughter was guilty of the same offense although charges had not been pressed by anyone at that point. Mr. Cobb told the father his daughter left the deposition room in tears because her father made her cry. Worse, he made it clear, if the case went to trial, the father would be putting his entire family through a hellish trial that would echo through their lives forever.
The father was deeply angered, but he thought about the truth behind those words. Ultimately, all parties were able to come to an agreement and the State substituted the charge for an expungable non-sexual offender status offense and the client pled no contest in exchange for no conviction and probation. SUBSTITUTED CHARGE (NON SEXUAL OFFENSE), NO CONVICTION OR INCARCERATION; PROBATION.
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