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.
Burglary comes in many different forms. Florida does not have breaking and entering. Florida did a long time ago before I started practicing law, but the legislature was not happy about court decisions involving what is breaking, what is entering; in this case, there was no breaking, in this other case there was. They decided to go with burglary. Basically, there is burglary to a structure, a dwelling or a conveyance. Burglary to the structure is unlawfully entering, for example, a business and committing a crime in the business when it’s closed. That would be an example of burglary to a structure. Burglary to the conveyance would be if a group of kids on spring break go to a resort parking lot and start checking to see door handles to see if the vehicles are open and then taking whatever they find inside, that’s an example of burglary to a conveyance.
When that fact pattern happens, group of drunk kids and car is what I call it, that’s my internal slang for that type of fact pattern, often what will happen is each of the kids involved will get charged with multiple burglaries because multiple vehicles were entered. Finally, you have the most dangerous type of burglary that is non-deadly, and that would be burglary to a dwelling, which is somebody’s home, whether it’s rented or owned. Those are almost always automatic prison cases and it’s important to have early intervention by an experienced criminal defense attorney. With burglary of conveyance, it’s a felony charge, it’s serious and needs to be handled correctly. I have one right now where the body cam evidence was going to be crucial determining the outcome of the case and that’s actually very rare in a burglary to a conveyance charge.
These are cases I’ve defended very easily over a quarter of the century. So if you or someone you love is charged with burglary to a conveyance, it’s critically important to hire the best lawyer you possibly can to try and find a way to communicate the facts with the lawyer as effectively as possible. We use something known as fact pattern reports, I think all law firms should use them, and it’s important to listen to legal counsel very carefully because burglary of conveyance is one of those cases where it can be relatively easy to resolve or you can end up in a situation where you’ve got a very upset vehicle owner who calls the state attorney’s office everyday demanding the defendant’s head served up on a platter. So when we’re dealing with single burglary to a conveyance cases or multiple burglary to a conveyance cases, we try to clarify exactly what the client’s objectives are and then we formulate the most effective strategy possible and then technically implement that strategy to produce the result that our clients are happy with.
My Son Was Arrested On Vacation In Florida With His Friends, My Husband Says He Can Handle It Himself Because It’s A First Offense And He’s A Grown Man. I Think He Needs A Lawyer. Who Is Right?
It’s not a matter of who is right; it’s more a matter of what is the right thing to do. The reality is if your adult son got arrested on vacation in Florida with their friends and a parent feels the need to contact an attorney to ask this type of question, then that tells us right away that there may be a maturity issue and even if there is not, we certainly know there is an ignorance issue. Ignorance is not a mean thing to say to someone. The reality is I am ignorance when it comes to the proper techniques of brain surgery. Let’s face it. I don’t do brain surgery every day and odds are the questionnaire probably does not either. Same is true for law. This is legal surgery of very delicate nature.
When you’re dealing with young people who have no prior record whatsoever, a lot of parents want to make it a learning experience and teach their child a lesson so that they never do the same type of thing again, placing themselves in a wrong place at the wrong time, often with the wrong people and getting accused to being on the wrong side of the law. The problem with the whole mindset of do it yourself, you’re on your own, is parents sometimes unintentionally hurt their children very badly and I know many parents who I’ve spoken to over the years who have confided in me that that was the worst decision they ever made.
So I think what is right in this particular case is that whatever the charge is, because it is a criminal charge that could reduce your son’s earning for the rest of his life if it’s not handled correctly, because it can result in him being incarcerated, because it can disrupt his entire future. I think it’s critically important to hire an experienced criminal defense attorney. There are some things in life you can do on your own and do it yourself. Handling a criminal case in the state of Florida just is not one of them.
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.
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