Stephen G. Cobb - Florida Criminal Defense Lawyer

Category: Criminal Defense Page 2

What Alternative Programs Are Available To DUI Offenders In Florida?

Are Any Alternative Programs Or Punishments Available In The State of Florida For DUI Offenders? First and foremost, the discovery of pretrial defenses, which affect the evidence and whether it cannot be used in court, is called admissibility. That makes the most difference in the outcome of a case. That’s why hiring a specialist is so important because a layperson can’t figure that out. Also some things are negotiable and some are not. Those that are negotiable are going to depend on a number of factors as well as the individual prosecutor and the judge. Finally, DUI diversion programs are… Read More

How Can An Attorney Help In DUI Cases?

How Often Can Attorneys Have DUI Charges Either Dropped, Get Alternative Punishments Or Punishments Reduced? This is an odds and percentages question that people always want to ask. People want certainty. The attorney has to be upfront with the client: It doesn’t matter how often an attorney can get the charges dropped or reduced or substituted. If an attorney wins or loses ten DUI cases in a row, it has absolutely no bearing on the very next DUI case he handles. What matters is whether the defense lawyer can get such results in your case, not cases with different fact… Read More

What Factors Can Impact DUI Cases In Florida?

What Are The Laws In Florida That Address Drivers With A BAC Below The Legal Limit? The politicians in Tallahassee have made it so that if someone under the drinking age blows into the Breathalyzer, even though their blood alcohol level is much lower than the legal limit they can be charged with a DUI. Commercial vehicle driver’s license holders have additional restrictions as well. It is very easy to lose a commercial driver’s license with DUI related cases. Additionally, although it makes a case much harder to prove, a BAC result below 0.08 does not automatically means someone wins.… Read More

Factors That Can Enhance Or Aggravate A DUI

What Are The Factors That Could Enhance Or Aggravate A DUI? Generally, prior DUIs are big enhancements even if they are outside of the five- and ten-year windows established for minimum sentencing for second and third offense DUIs. Another factor that will enhance a DUI, is one that people don’t really think about and that is whether or not the person is driving on a suspended driver’s license. That is huge, particularly in smaller rural counties. That alone can invoke 30 days in jail without any other aggravating factor whatsoever. Additionally a person who is arrested for a DUI and… Read More

Questions About Hardship Licenses And Ignition Interlock Devices

If Someone Were To Refuse The Breath Or Blood Tests, How Would That Affect Their License Or The Possibility Of The Hardship Or Work License? The government hates refusals; period. The politicians in Tallahassee have made it that if someone has refused a breath alcohol concentration test (BAC) by blood, breath or urine one time and then they refused a second time, the second time it becomes a criminal offense. You may win the DUI but lose the other case. A refusal may win the DUI case but prevent a hardship license. However, there is a common defense to this… Read More

Do You Lose Your Drivers License In Florida After A DUI?

When Someone Is Arrested For A DUI In Florida, Do They Lose Their License Immediately? When someone is arrested for a DUI, their license is taken on the spot unless the officer cannot find it or they do not have it on them. After that, it’s reported to the Department of Highway Safety and Motor Vehicles for the State of Florida. Pursuant to Interstate Compact, an administrative suspension of the driver’s license is done. This is the first way a license is suspended in Florida, but there is also the risk of a separate court order driver’s license suspension. When… Read More

How Long Does A DUI Case Take To Resolve?

DUI Cases: Misdemeanor vs Felony There are legal rules, practical rules and exceptions. Legal rules: DUI cases can generally be divided in two different categories. There is a misdemeanor and there is a felony. Misdemeanor DUI Cases A misdemeanor case is normally going to take around three to six months to be completed. The speedy trial rule means that the case should be resolved in 90 days or less. The reality is, when a notice of discovery is filed, you usually do not get all of the information the state is obligated to provide. This very common problem is usually… Read More

Will Courts Be Lenient On Someone With A Clean Record?

Do Courts Have Mercy On People If They Have A Clean Record? Maybe, I don’t know: I need more information. One things is clear though – not if they are unrepresented. People make legal mistakes and don’t know until it’s too late. That’s how courthouse surprise happens. Many of my clients started out unrepresented, but then quickly realized that they were out of their depth. They are the ones that plead not guilty at their first court date, and walk out of the courtroom having lost their right to a jury trial. The best part is, they don’t even know… Read More

Should You Just Plead Guilty And The Case Over With?

What Should Be Done If Someone Wants To Plead Guilty And Get The Case Over With? Do it with a lawyer and do without going to court. This eliminates the risk of courthouse surprise. Knowing how to use weak defenses in a weak case to achieve maximum results is a key distinction most defense lawyers struggle with and virtually all lay people can’t achieve. Most defense lawyers don’t know how to do this without going to court several times and disrupting a client’s life. But most lawyers aren’t criminal law specialists, either. It can be done in a way to… Read More

Common Mistakes People Make When Facing A DUI

What Are Some Common Mistakes And Errors People Make When They Have Been Arrested That Can Hurt Their Case? Utilizing the jail telephone system – One of the things that can hurt someone’s case is if they utilize the jail telephone system to discuss the facts of the case with their family. This is why a smart attorney doesn’t take jail phone calls. Those phone calls are recorded. Talking too much – Another mistake people will make early on in the process is when they are pulled over, they just talk too much. There is a reason that people should… Read More