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Reductions

Cobb Law Services

Reductions In Charge And Substitutions Of Charge

As mentioned in the Diversion section,, the Florida State Attorney’s Office is politically motivated to obtain convictions. Therefore, their goal is not to reduce or substitute lesser charges. Reductions and substitutions are most likely to occur when:

The case for the State of Florida has ‘proof problems’
The defendant has no prior record (First Offender Diversion Programs)
If there is a ‘victim’ in the case (for example a theft or a battery as opposed to a Fleeing and Attempting to Elude charge), that the victim does not object

The State is extremely resistant to reductions and substitutions for certain charges such as DUI and sex offenses. This does not mean that they do not occur, but it does mean that obtaining a reduction is more difficult.

What if the Victim Doesn’t Want to Prosecute?

NOTE: The fact that the ‘victim’ does not want to prosecute is not enough, by itself, to get charges ‘dropped’ by the State. Florida law states that it is the public policy of the State of Florida to prosecute even when the ‘victim’ opposes prosecution. However, the State Attorney’s Office may give great weight to a ‘victim’s preference and this can be used in negotiations. Do not attempt this on your own: You could wind up with witness tampering charges.

First Offender Diversion Programs are one of the rare instances where the legal system “gets it” in the best possible sense of the phrase. However, that being said, it is often critical that such programs avoid “one size fits all” counseling and mental health treatment programs. The diagnostic protocol of “what is your charge” = “[Charge Name] counseling” is not recognized by any reputable psychiatric or psychological association. Any mental health or substance abuse treatment mandated by any diversion program should always be custom tailored to the needs of the person entering into any First Offender Diversion Program – because that is what actually works.

Florida Misdemeanor & Felony Case Pretrial Diversion Programs
Reductions or substitutions in charge from greater charges to lesser offenses
Florida Punishment Code Departure Sentences
One Stop Therapy Program


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Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just…

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“"This is actually one of the best law firms I've had the pleasure of dealing with. They stick with you throughout the entire process, walking you through every step and they know the law! They were able to help me get out of a situation that had occurred because of a technicality and was very knowledgeable in the process. I would recommend them to anyone."”

James S.

“"Such a great service to go through when dealing with any legal matter! Mr. Cobb is very knowledgable and will take the time to understand and communicate with you in a timely manner."”

Dreeana A.

“"Everything was great and smooth working with Mr. Cobb. He was fast and efficient and answered any questions I had."”

Joshua T.

“"I would recommend Attorney Cobb to others. I would describe him as an honest and straightforward lawyer. All my concerns were addressed."”

Crystal H.

“"He was excellent, he did everything without me having to do much especially not living close. I hired him and told him everything and he did it all and it was a great experience. The legal assistant that works there was also amazing."”

Joseph S.

“"It was as clean of a process as it could have been for me. He handled everything for me because I live out of state and made it so simple and easy. He was great and thorough and I hardly had to do anything."”

William S.

“"If you can hire Stephen as your attorney then definitely do that. He talked openly and gave me assurance and even his legal assistant that works there is amazing. I never had any problems or trouble with them."”

Lonnie M.

“"I have used other lawyers in the past. I was facing years but left court with probation and a suspended sentence. Thank you and god bless you."”

Jason

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