Stephen G. Cobb - Florida Criminal Defense Lawyer

Florida Legal Article: Attorney Lawyer Criminal Defense Naples Florida


Criminal defense attorneys (or lawyers) in Naples, Florida provide representation to clients across a wide array of statutes.  One of their primary duties is to ensure that their clients receive fair treatment under the Bill of Rights.  Under this important legal document, there are two fundamental elements when it comes to prosecuting a defendant: The presumption that the defendant is innocent, and the fact that the burden rests with the prosecution to prove guilt beyond a reasonable doubt

As Naples, Florida criminal defense attorneys (or lawyers) will advise their clients, criminal defendants have many other rights, including:  the right to remain silent, the right to confront witnesses, the right to have a public trial, the right to have a jury trial in most cases, the right to have a speedy trial, the right to be represented by an attorney–and to receive adequate representation–and the right to not be tried twice for the same offense (referred to as “double jeopardy.”)

The right to remain silent is certainly one of the most important of these rights.  The Fifth Amendment to the United States Constitution states that a defendant cannot “be compelled in any criminal case to be a witness against himself.”  This means that, should a Naples, Florida criminal defense attorney (or lawyer) advise the defendant to remain silent, no one–not the prosecutor, the judge, or even the defense–compel the defendant to testify during the courtroom proceedings.  This rule doesn’t apply in civil cases, however.

The “confrontation clause” of the Sixth Amendment provides that defendants have the right to “be confronted by the witnesses against” them.  This means that defendants have the right to cross-examine witnesses, often through a Naples, Florida criminal defense attorney (or lawyer).  The Sixth Amendment also forbids prosecutors from using written statements from absent witnesses to prove a defendant’s guilt, although a few limited exceptions do exist.

Under the Sixth Amendment, defendants are entitled to adequate legal defense.  This amendment specifically states that “in all criminal prosecutions, the accused shall enjoy the right … to have the assistance of counsel for his defense.”  In cases where the defendant is indigent (meaning he or she cannot afford to hire an attorney), the judge must appoint a Naples or Florida criminal defense attorney (or lawyer) to represent the accused at the government’s expense.  This only applies in cases with potential punishments of six months or longer in jail.

Stephen G. Cobb, Esq.

Get your questions answered - call me for your free, 20 min phone consultation (850) 466-1522