Stephen G. Cobb - Florida Criminal Defense Lawyer

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Is My Case Dismissed If My Motion To Suppress Evidence Is Granted?

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. If a motion to suppress evidence is granted, it’s possible that the case will be dismissed. If the suppression of evidence damages the case so severely that the prosecution cannot go forward, then it will probably be dismissed. However, if there is other evidence that is not suppressed, then the suppression of evidence may result in charges being reduced or substituted for a lesser offense.… Read More

What Happens At The Hearing For A Motion To Suppress Evidence?

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 a motion to suppress evidence is filed, a hearing is normally scheduled. The judge’s judicial assistant who is designated to coordinate such things in the particular county where the litigation is occurring will often want to know about how long the hearing will take. Some motions to suppress might take 20 or 30 minutes and go very quickly, while other motions to suppress might… Read More

Can Either Side Challenge Or Appeal A Decision Made By The Judge?

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. Unlike a jury trial verdict where the state cannot appeal what they consider to be an adverse not-guilty verdict, the state of Florida can appeal a ruling on a motion to suppress that goes against them. For practical purposes of a criminal defendant, this could be done after trial and conviction or after someone changes their plea from not guilty to no contest or guilty.… Read More

How Can A Motion To Suppress Evidence Help My 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. Evidence that is suppressed cannot be used in trial. As a result, one of three things can happen. It may be the case that the suppression of evidence is enough to damage the prosecutor’s case. This is what you find in a DUI type of case that turns into a reckless driving or a reckless boating case. If the case is damaged, then it may… Read More

Can I Get A Confession Thrown Out 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. It may be possible to get a confession thrown out in a criminal case. This type of question is the number one reason why most criminal defense lawyers in Florida cannot pass the board certification exam. Even experienced lawyers are often confused when it comes to an analysis of the Fifth Amendment and Sixth Amendment-particularly when there are Fourth Amendment considerations as well. The first… Read More

What Is A Motion To Suppress Evidence 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. A motion to suppress evidence in a criminal case is a relatively new development. Up until we had Miranda vs. Arizona, we had what’s called the exclusionary rule. The exclusionary rule basically states that if the police obtained evidence unlawfully, then a defense lawyer can move to suppress that evidence due to the illegality. In Florida, that means that you have two different types of… Read More

What do You Look For When Interviewing a Juror in a Sex Crimes 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. Sex offense cases are won or lost during jury selection, and frankly sometimes they are won or lost before you enter the courtroom. What I mean is when they pick the venire panel, that’s the panel you pick six jurors from in Florida. If the venire panel is filled with people who are predisposed to convict, then they are going to convict if they sit… Read More

What is The Standard of Proof in a Sex Crimes 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. When someone is charged with a sexual battery, lewd or lascivious molestation acts, battery, some type of transmission of sexual images, or travelling to meet a minor for unlawful sexual purposes and those kinds of cases, the burden of proof for the conviction that the judge reads to the jury during the jury instruction phase right before they go back to deliberate states that the… Read More

Are People Aware That They Are Being Investigated For a Sex Crime Before an Arrest?

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. Most people are aware that they are being investigated for a sex crime. However, when they start thinking about what to do about it, far too many rely upon a strategy that can be described as merely hoping that things will be okay. Investigations into sex offenses can literally take several months. Sometimes the Office of the State Attorney, as well as law enforcement, are… Read More

How is a Sex Crime Determined to be Either a Misdemeanor or a Felony?

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. The number one thing that determines whether a sex crime is charged as a felony or a misdemeanor is how the State Attorney decides to charge the offense. However, an important factor that one must always consider is whether the crime charged is statutorily a felony or a misdemeanor. Let me give you the clearest example I possibly can, involving Florida Statute Section 800.04, for… Read More