With its emerald green water, sandy beaches, and beautiful resort facilities, it is not surprising that Destin is one of the most popular vacation destinations in Florida. However, like almost any other city, Destin police are continually placing individuals under arrest for a variety of criminal offenses.
If you’ve been convicted of a crime in Destin, Florida, you may face serious consequences including fines, probation, convictions on your permanent criminal record, and even time in jail. To limit these consequences and avoid wrongful conviction, it is highly advised that you seek representation by a criminal defense lawyer who has extensive experience in Destin, FL criminal courts.
Every criminal case has different facts, circumstances, and potential penalties, all of which must be considered by an attorney who knows how to evaluate cases on an individual basis and develop effective defense strategies for each individual client. Mr. Cobb is a highly experienced criminal defense attorney who knows how to formulate the best strategy for any given set of facts surrounding a criminal charge, whether that charge is a simple misdemeanor or a serious felony. Throughout his career in Destin and other counties throughout Florida, he has handled a wide variety of cases, including the following:
Mr. Cobb will identify all possible legal defenses in your case and advise you of all of your options, never pressuring you into pleading guilty if it is not the right choice in your case. Unlike many other criminal defense attorneys who will avoid taking cases to trial and encourage their clients to accept plea bargains instead, Mr. Cobb will never shy away from the challenge and complexity of litigation. This is because it’s not just his job to protect your rights, avoid wrongful convictions, and see that justice prevails—it’s his passion. Having been certified by the Florida Bar as a criminal trial lawyer, Mr. Cobb has extensive trial experience and has built the reputation of a strong and fiercely dedicated litigator in Destin, FL.
If you’ve been accused of a criminal offense in Destin, FL, you probably have a lot of questions, starting with how to go about defending your case and whether or not you should take your case to trial. The answer to these questions will depend on the facts specific to your case, your criminal history, your reputation in the community, your ultimate goals, and the degree to which your attorney believes certain factors may influence negotiations. Ultimately, a criminal defense attorney like Mr. Cobb will be able to distill the complexities of your case and review with you the options for both pretrial and trial defenses. Read further to lean more about each.
A successful pretrial defense will prevent a trial from ever occurring by removing the crucial components of the prosecution’s case. This is typically done through a motion to suppress or motion to dismiss evidence that the prosecution needs in order to bring a case to trial. There are many bases for filing one of these motions, but some of the most common include illegal stops and seizures, and warrantless stops. The Fourth Amendment of the Constitution protects people from unreasonable searches and seizures by the authorities, which means if there was no probable cause showing that a crime has occurred or will occur and no warrant to conduct a search and seizure, then the evidence obtained as a result of that process could be deemed inadmissible in court.
Other pretrial defenses include self-defense supported by the stand-your-ground law, and speedy trial violations supported by the Sixth Amendment of the Constitution. Whether or not either of these pretrial defenses would apply to your case and be the most effective positions to take prior to a trial is something that should be discussed with your Destin, FL criminal defense attorney.
In any criminal case, the prosecution has the burden of proving the defendant’s guilt beyond a reasonable doubt, which is the highest standard of proof in the criminal justice system—certainly higher than the standard in non-criminal or civil cases, which is only by preponderance of the evidence. As a result, the most common trial defense is that the prosecution failed to reach this standard of proof by failing to present sufficient evidence. If the prosecution’s case leaves any seed of reasonable doubt in a juror’s mind as to the defendant’s guilt, then according to the jury instructions read to every juror, they must find that defendant not guilty—despite how personally convinced they may be of the defendant’s guilt.
A second commonly used trial defense is that of the affirmative defense, which may be used by a defendant who admits to the incident having occurred, but is also able to provide evidence of legal justification for their actions. For example, if a defendant is on trial for murder, they could provide evidence demonstrating that they acted in self-defense or as the result of duress or necessity. There are several other forms of affirmative defenses, which are best discussed with a criminal defense attorney who has experience with each.
If you have been arrested in the Destin, FL area, your first call should be to a board-certified criminal defense attorney. Do not hesitate to call the law office of Stephen G. Cobb at (850) 423-0035 for help with your case today.
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