Category: Criminal Defense
DUI: the pretrial fee is lowered and in return, there will be no in-person court or motions to suppress blood, breath, or urine tests to be filed unless there is additional payment. Limited consultations may also be part of the formula. Domestic Violence: the client wants a bond motion filed to get the defendant out of jail and to change the “no contact” provision to “no violent contact” but no further representation because “he/she won’t show” but resides in the local area. This case is not suited for limited representation, but why? (This is one of the most common phone… Read More
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 jury instructions during trial for unlawful sexual activity with minors involve 794.05 of the Florida Statutes. The state has to prove three elements, and if one were to ever look for unfair age discrimination, they will find it here. This is the government telling people who they can and cannot date. First of all, the state has to prove that the alleged victim was… Read More
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. One of the more difficult, dangerous, and painful types of sexual battery to defend are those involving family members pursuant to section 794.011(8)(b) of the Florida Statutes. This particular offense does not actually have to involve actual family members. The first thing that the state must prove with this particular charge is that the alleged victim was over 12 years of age but less than… Read More
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 jury instructions for sexual battery without special circumstances where the victim is 12 years or older are based upon 794.011(5) of the Florida Statutes. These instructions have fewer elements than most of the other sexual offense instructions that have been covered, and state that the state must prove three elements beyond a reasonable doubt. First, it must be proven that the alleged victim is… Read More
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. There are numerous jury instructions for sexual battery where the victim is over 12 years of age with special circumstances. First, the state has to prove that the alleged victim was 12 years of age or older. Secondly, the state has to prove that the defendant committed an act upon or with the alleged victim whereby the sexual organ of either the defendant or the… Read More
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. In the last section, we discussed the four elements of sexual battery where the alleged victim is 12 years of age or older involving great force. We will now go through the definitions that the judge will read to the jurors. This is something people should consider if they have a loved one who is being prosecuted for this offense. These instructions change depending upon… Read More
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 jury instructions at trial in a sexual battery case where the alleged victim is over 12 years of age, yet great force has been used is governed by 794.011(3) of the Florida Statutes. The jury instructions for this type of charge are lengthier than those for a sexual battery with a victim less than 12 years of age. The beginning of the instructions that… Read More
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 is possible to get a sexual battery with a victim under the age of 12 reduced or substituted for another charge through the plea bargaining process. However, sex offenses are very political in nature, and as of late, there has been a lot of attention on sex offenses generated by the Me Too movement. As a result, is it virtually impossible to get a… Read More
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. Section 794.011(2) of the Florida Statutes provides that the state has to prove three basic elements in order to convict someone of capital sexual battery with a victim less than 12 years of age. First, they have to show that the complaining witness who the state will call a “victim” is less than 12 years of age. In many cases, this particular element is not… Read More
What Should Someone Know When Deciding Between A Public Defender Versus Hiring An Experienced Attorney? First of all, people who represent themselves need to remember that there is an old expression that says “A lawyer who represents himself has a fool for a client.” A person who is unrepresented is at a far more extreme disadvantage than they can imagine. That’s why at every stage of the process, they are being told by different people in the system, “You have the right to an attorney. If you cannot afford one, one will be appointed for you.” Of course, the truth… Read More
