Stephen G. Cobb - Florida Criminal Defense Lawyer

Category: Criminal Defense Page 3

Frequently Asked Questions By Someone Arrested For DUI In Florida

What Are Some Misunderstandings Or Misconceptions People Have About DUI Charges After They Have Been Arrested? The single biggest misconception people have regarding a DUI arrest comes from people doing their own internet research. That is really a problem because if they read government websites, they are convinced that they cannot win. However, if they read law firm websites, especially from Central and South Florida, they get the feeling that they can’t possibly lose and that’s not the truth either. Another misconception is about the lawyer’s fee. People will often call up a defense attorney and will want to know… Read More

Commonly Asked Questions Related To DUI In Florida

How Is DUI Defined Under Florida State Law? This is the “what is a DUI?” question. A person can be convicted of DUI basically in two ways in the state of Florida. One way is by impairment; the other is called a DUBAL, which means Driving with Unlawful Blood Alcohol Level. Under the impairment wing of the statute, if the state doesn’t have blood, breath or urine, then other things are examined in terms of evidence to prove a case. The absence of a blood, breath or urine test doesn’t mean an automatic win, because other evidence is considered. This… Read More

Handling a Walton County Minor In Possession (MIP) Charge The Hard Way

Why would anyone get arrested and then handle their criminal case the hardest way possible, dong the things most likely to cause increased suffering? They wouldn’t. Unless they did not know any better. The MIP Do It Yourselfers Mistake #1: Ignorance of basic and local criminal procedure After release, the Notice to Appear for Plea Day requires the defendant to return to DeFuniak Springs in north Walton County. Do it yourselfers hit the Internet, read as many blogs and articles and statutes as they possibly can as they prepare for their upcoming trial. They budget time and expense money for… Read More

Common Mistakes Made By Walton County MIP First Offenders

There are two mistakes first offenders routinely make in Minor In Possession of Alcohol cases in Walton County: self representation and parental interference. Let’s take them in reverse order since parental/family member interference is so common. Parental interference becomes a problem the moment a negative phrase such as “that isn’t right!” pops into a mother or father’s head. Many parents get so wrapped up in the emotional rightness and wrongness of what is happening to their child, that they often pressure defense attorneys to engage in risky defensive pleadings, strategies and tactics. This can backfire with seriously damaging consequences that… Read More

Arrested For Walton County MIP: Do I Need a Defense Attorney If I’m Guilty?

The short answer is yes, and not just a warm body with a law degree. Given the sneaky, life altering pitfalls of this type of charge, hiring a specialist will save you upset, time and money many times over. A criminal defense specialist can usually handle your entire case without you having to return to Florida as part of a properly litigated and negotiated dismissal Let’s start at the beginning of a typical MIP case. When someone is arrested for being a Minor in Possession of Alcohol (MIP) in Walton County, one of two things usually happen. The most likely… Read More

Did You Know That It Is Illegal To Use a Firearm While Impaired In Florida?

Florida criminal law1 provides that it is illegal to use a firearm while you are under the influence of alcohol, chemical substances, or drugs to the point that your normal abilities are impaired. This bit of news actually upset some friends and family when I let them know about it. If you are accused of this offense, you can be found guilty of a second degree misdemeanor where penalties include up to sixty days in jail and a fine of up to $500. If you really blow it representing yourself or act up in court, you can actually get six… Read More

5 Strange Tales of Battery In Fort Walton Beach

When most people think of the word “battery,” they picture one person punching another. While this qualifies as battery in Fort Walton Beach or anywhere else in the state, the Florida Statutes also criminalize a wide variety of bizarre actions as battery, both misdemeanor and felony. Section 784.03 of the Florida Statutes defines battery as an intentional touching of another that either (1) causes bodily harm or (2) is against the other person’s will. This definition is fairly broad, and as such, encompasses a large number of actions that seem fairly minor. Spitting One man was at a local Fort… Read More

Fort Walton Beach Criminal Defense Attorney Explains Sexual Battery

Sexual battery is a felony sex offense in the state of Florida. Sexual battery is rigorously investigated, vigorously prosecuted, and aggressively punished by the Fort Walton Beach police, Assistant State Attorney’s Office, and local judges. More commonly referred to as rape, Florida Statute 794.011 defines sexual battery as “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object” that occurs without legally recognized consent. While many people are aware of the popular “No means no” campaign and understand that rape occurs when an individual… Read More

Criminal Defense Attorney Discusses Jared Fogle’s Child Pornography Case

Jared Fogle, known around the world as “the Subway Guy,” was once interviewed by a local newspaper about how he had lost significant amounts of weight by eating only Subway sandwiches, which are purportedly a low-calorie and healthy alternative to fast food. Subway learned of his story and invited him to do an advertising campaign for the food chain. The advertisement worked so well that he became the official mascot for the brand, appearing in countless commercials over the years. In each commercial, he held up his old 62-inch jeans to his body to demonstrate how Subway had helped him… Read More

Florida Lawmakers Consider Increasing Penalties for Sexting in Fort Walton Beach

In the age of the Internet, social media, unlimited data plans, and teenagers’ constant use of cellphones, sexting has become a worldwide phenomenon, including in the Fort Walton Beach area. Sexting refers to sending sexually explicit messages and photos through online communication. Common ways to sext include: Text message Snapchat What’s App Kik Facebook Messenger Instagram Twitter Minors have been swept up in the sexting craze, and though the vast majority of them are sexting with teenagers around their age, they are still breaking the law. Child pornography, regardless of the age of the person found in possession or of… Read More