What Happens During Your Fort Walton Beach DUI Case

While every case is different, most Fort Walton Beach DUI cases follow the same general track. If you’ve never been arrested for a DUI before, you may find the court process confusing and intimidating. Below is an overview of what to expect.

Arrest

After arrest, you will be taken to one of the local police precincts in Okaloosa County. The Fort Walton Beach area has numerous precincts for specific geographic areas. You will be taken to  one based on the area where you were arrested.

Once at the station, your mugshot will be taken, as well as your fingerprints. The officer will ask you for biographical data, such as your name, date of birth, and home address.

The officer may also ask you questions about what happened, such as whether you had anything to drink. Do not answer any questions that might incriminate you! Tell the officer you want to consult with a lawyer immediately.

After you are booked and processed, you may be released on citation. Your car may have been impounded, so you may need to call a cab or have someone pick you up. Active duty service members may have to wait until someone picks them up from their chain of command, depending upon their branch of service and duties. Most people held are held overnight.

First Appearance

If the Fort Walton Beach police department decides to hold you, you will be taken to the Okaloosa County Department of Corrections (the county jail). Early the next day, you will see a representative from Pretrial Release Services for a screening for bond purposes. Each person arrested since the last First Appearance will be gathered from their holding cell, lined up in a group, and taken to the video court room. The judge will be at one of the two county courthouses (Fort Walton Beach or Crestview, FL) and your first appearance court date will be by video. The judge will determine if you should be released, and if so, on what conditions.

Personal recognizance is your promise to return for court. You may have conditions such as no alcohol or drugs, or pretrial supervision.

A bail bond means you or a bonding company will pay money to the court to ensure your appearance. The judge determines the bond amount.

Held without bond means that the judge has determined you are a danger to the community and that there is no reasonable assurance you would return for court. Retaining a local DUI defense lawyer is a good idea. Your case may have “red flags” that could effect bond that a lay person who never spot.

Arraignment (AKA “Plea Day” in some counties)

In DUI arrests, you will usually be given a Florida Uniform DUI Citation with a court date, time and location. This court date is not for a trial. This court date is correctly called arraignment, according to the Florida Rules of Criminal Procedure, but in Okaloosa and Walton Counties it is called “Plea Day” by unofficial local rule. Knowledge of local rules is important: Plea Day is also the last time to change a plea of not guilty to one of no contest or guilty before trial in Escambia and Santa Rosa counties. Same name, different meaning.

Written pleadings should be filed prior to arraignment. A Waiver of Arraignment will excuse you from court and you avoid sitting around the courthouse all day, just to enter a plea of Not Guilty. Ask about how written pleadings can be used to avoid most time wasting Fort Walton Beach criminal court appearances.

Never plead no contest or guilty at arraignment unless advised to do so by a DUI defense attorney experienced enough to know the handful of times when this is the best option. The best are board certified specialists.

Status Hearings

Status hearings may involve many different legal matters. For instance, evidence discovery, motion requests, changes of plea and negotiated diversion conditions are a few of the things decided in court at such hearings.

Trial

At trial, witnesses are called and evidence is presented. At the conclusion of the trial, the prosecutor and your attorney will make arguments. After receiving jury instructions, the jury will decide.

Talk to the Only Florida Bar Board Certified Fort Walton Beach Criminal Defense Attorney in Okaloosa County

If you still have questions or are in need of representation, contact a top Fort Walton Beach DUI defense attorney, Stephen G. Cobb. He is board certified in Florida criminal law. Free consultation. Call us at 850-651-6565 today.

Cobb Law Firm
5 Clifford Dr
Shalimar, FL 32579
(850) 651-6565

References:

http://articles.sun-sentinel.com/2013-12-24/news/fl-dui-monitoring-palm-court-program-20131224_1_jail-time-dui-offenders

Defenses To Arrest For Possession of Child Pornography In Fort Walton Beach

If you were arrested for possession of child pornography in Fort Walton Beach, you are likely deeply concerned about your case, how it will affect your job and family, and when you can resume normal life. There are multiple defense strategies available to individuals charged with possession of child pornography in the state of Florida. Which strategies are best for your case will depend on the unique facts and circumstances surrounding your arrest.

Attacking the Government’s Case

One of the best ways to defend yourself can sometimes involve not presenting any sort of affirmative defense but rather, undermining the government’s evidence and testimony in order to show that the government has not met its burden of proof.

In Fort Walton Beach, in every criminal case including possession of child pornography, the prosecutor must prove to the jury that you possessed child pornography beyond a reasonable doubt. This means that if the jury has a doubt, based on reason, that you did not meet all of the elements of possession of child pornography, the jury must acquit you.

To prove possession, the prosecutor can show actual or constructive possession. Actual possession occurs when the child pornography is found directly on you, such as in your pocket or hand. Since this rarely happens, the vast majority of cases are prosecuted under the theory of constructive possession. Constructive possession occurs when the child pornography is in your custody and control and you have an intent and ability to exercise control over the child pornography.

So let’s say the Fort Walton Beach police department searches your home for evidence of child pornography. You live with four roommates. Photos of nude children are found in a box in the living room, a common area. Because the photos were not found on you, actual possession cannot be proven. The prosecutor will need to use the constructive possession angle. The prosecutor will try to show constructive possession by combining circumstantial evidence. This could include:

·         Your fingerprints on the box

·         Your proximity to the box during the raid

·         Any identifying features on the box, such as engraved initials

·         Statements you or your roommates make

·         The fact that the box is in an open and obvious location in the home

Constructive possession cases are often shaky, and your defense attorney can argue that the prosecutor failed to meet its burden by not offering enough evidence or by offering evidence that doesn’t necessarily tie you to the box. Your attorney could also seek to undermine prosecution witnesses by pointing out flaws in their testimony or investigation process.

Affirmative Defenses

In addition, after the prosecution rests, you can put on your own case. At this time, you can raise your own defenses. Remember, it is not a valid defense if you: never knew the child’s exact age, believed the child in the photo was older, or had the consent of the child. Affirmative defenses include:

·         Insanity – Individuals who are insane cannot form the requisite intent.

·         Alibi – You did not have access to the home at the time the photographs were obtained.

·         Mistaken identity – The Fort Walton Beach police got the wrong person. Your roommate was the individual who obtained the child pornography, not you.

·         Accident – You did not obtain the photos for lewd or immoral reasons but instead accidentally found them and intended to turn them in to authorities.

·         Age of Complainant – The individuals in the photos are of legal age.

·         Your Age – You are a minor. You are subject to a special law (currently undergoing revision) for possession of a consensually sent photograph of a nude minor.

Defend Child Pornography Charges with the Experience and Skill of a Fort Walton Beach Criminal Defense Attorney

A child pornography conviction can absolutely ruin your future, career, family, and chance at freedom. Let Stephen G. Cobb, a Board Certified Specialist in Florida Criminal Law, review your case and advise you on how to proceed. Call our Fort Walton Beach criminal defense law firm now at (850) 651-6565 today to schedule a free initial consultation.

For more information, please visit http://www.cobblawfirm.com/fort-walton-beach-criminal-defense-lawyer/

Defending Against Sexual Battery Accusations in Destin

There are two main ways to defend against false allegations of sexual battery in Destin. First, you can argue that the Destin Assistant State Attorney did not meet his burden of proof. The prosecutor must show, beyond a reasonable doubt, that you committed the act of sexual battery. That means that if the jury has any doubt based on reason, even just one, the jury must acquit you. You can argue that the prosecutor’s case is weak and failed to meet this burden. Second, you could put forth an affirmative defense during your case-in-chief. After the prosecutor calls witnesses and presents evidence, it will be your turn to call your own witnesses and introduce evidence if you choose to do so. At this time, you can present evidence of your innocence, known as an affirmative defense.

Undermining the Destin Assistant State Attorney’s Case

You are not required to put on your own witnesses or present testimony. In fact, you could rest and proceed directly to closing arguments after the prosecutor wraps up his case. This tactic is only recommended in certain situations. However, under this strategy, your Destin criminal defense attorney will focus on undermining the Assistant State Attorney’s case during cross examination, motions for judgment of acquittal, and closing arguments.

During cross, your attorney will question government witnesses to reveal inconsistencies in their testimony or outright lies. When witnesses are not credible, the jury will afford their testimony little weight when deciding a verdict.

During a motion for judgment of acquittal (MJOA), made when the government rests, your attorney will argue that the prosecutor’s case failed to meet its burden of proof before you have even presented any evidence or testimony of your own. If the judge agrees, the case will be dismissed immediately.

If the judge disagrees, you can put on your own evidence or proceed to closing arguments. Again, at closing, your attorney will argue that the prosecutor did not meet its burden by explaining what that burden is and how the jury should interpret the evidence. You can be acquitted even if your MJOA was rejected because the burden of proof is different.

Affirmative Defenses

You may also choose to put forth your own case to defend yourself. There are multiple affirmative defenses that are available. Which ones work for your case will depend on the exact circumstances.

·        Insanity: If you are able to prove you were insane at the time of the alleged incident, you will be unable to form the requisite intent to commit sexual battery and cannot be convicted.

·      Involuntary intoxication: If you committed sexual battery but were intoxicated against your will at the time (e.g. drugged without your consent), you will not be held responsible for your actions during this time.

·        Consent: If the complainant consented, you can present evidence of consent, such as what the complainant said to you, the lack of resistance, the history of your relationship, lack of injuries or evidence of force, and other circumstantial evidence to show the sex was voluntary and willing between two consenting adults.

·     Alibi: With an alibi defense, you show the police got the wrong person because you were somewhere else at the time the sexual battery occurred.

·     Duress: Though you committed the sexual battery, you did so under duress due to threats, intimidation, or violence. For example, someone held a gun to your head.

Work with a Reputable Destin Criminal Defense Lawyer to Fight Your Case

Stephen G. Cobb is one of only a handful of Board Certified Specialists in Florida Criminal Law. He is well-regarded for his proficiency in the courtroom, knowledge of Florida law regarding sexual battery, and his ability to adeptly navigate even the toughest cases. For assistance with crafting a strong defense to sexual battery, contact Stephen G. Cobb, an experienced Destin criminal defense attorney, at (850) 651-6565.

Cobb Law Firm
5 Clifford Dr
Shalimar, FL 32579
(850) 651-6565

Think Smart, Not Aggressively for Your Destin Domestic Violence Case

Every day, you are bombarded with advertisements and gimmicks for criminal defense law firms. You see giant billboards on the side of the interstate, cheesy ads on tv, and even spam all over your Facebook. Every criminal defense lawyer in Okaloosa County promises aggression. “We will aggressively defend against all charges!” “Our law firm will use aggression to combat the prosecution.” “We will stop at nothing to aggressively fight your case!”

When you are arrested for domestic battery in Destin, you know you face some pretty serious consequences, and you likely want to avoid or reduce those consequences by hiring a good lawyer. When there are hundreds of marketing slogans and advertisements being thrown your way, how do you pick who is right for you? Many people think it is a good idea to hire someone who will use aggressive tactics to defend you. However, I caution all prospective clients against going after the guy who uses aggression as his main tool for fighting a case. There can be very dire effects associated with going full-steam ahead and aggressively handling the police, prosecution, and judge, including:

Aggression burns bridges. While criminal law is naturally an adversarial system with the prosecution on one side and you and your defense lawyer on the other side, it never hurts to form relationships with people who can be both your foe and your ally. For instance, by treating police officers with respect and not aggression, an investigator for a criminal defense law firm may be able to get a police officer to talk about an investigation or arrest or turn over a key piece of prosecution evidence. This would never happen if the investigator was aggressive or rude. In addition, prosecutors are much more likely to negotiate on plea deals or diversion if the prosecutor respects the defense attorney and has already developed a relationship with him. The ability to communicate with the other side is key for a well-rounded approach. In addition, complainants are incredibly sensitive about being contacted by the defense for a statement, especially those who falsified police reports. An aggressive approach to witnesses will never result in obtaining key statements. Remember – you catch more flies with honey than vinegar.

Aggression doesn’t win cases. I caution all of my clients against the attorney who promises aggression. In fact, there is a famous example of a criminal defense attorney in Florida who opposed everything in his DUI cases, even if the opposition had no merit. He filed motions to suppress in every single case and argued endlessly at every Master of DUI hearing. He was eventually “sanctioned” by the State Attorney’s Office when the prosecutor amended all of the plea offers in his cases to require massive amounts of jail time.

     Aggression doesn’t impress the jury. At trial, an aggressive attorney will object to everything and make tedious, endless arguments about facts or testimony that have little to no effect on the jury’s verdict. In addition, courtroom tantrums are not only disrespectful to the jurors but create the impression that the attorney is unable to control himself and act professionally.

You want an attorney who starts smart and stays smart. A smart attorney knows when to dial up or down the aggression, when to be gentle and compassionate, when is the proper time to make arguments or objections, and how to creatively and intelligently frame your case for the court without resorting to insults and barbs.

Approach Your Case the Smart Way with an Experienced Destin Criminal Defense Lawyer

There are times for a lawyer to be aggressive, and there are times for a lawyer to be passive. But it is always right for a lawyer to come out of the box smart. If the lawyer needs to become aggressive or needs to be gentle, an experienced Destin criminal defense lawyer will always be prepared and seldom surprised. To consult with an attorney who will utilize his knowledge, experience, and skill to craft your defense, contact Stephen G. Cobb today at (850) 651-6565.

Cobb Law Firm
5 Clifford Dr
Shalimar, FL 32579
(850) 651-6565

http://www.cobblawfirm.com/destin-criminal-defense-lawyer/

Myth: I Can’t Be Arrested for a DUI in Fort Walton Beach if I Am Not Driving My Car

Many Florida residents are under the mistaken belief that if they aren’t caught driving their cars by Okaloosa County police officers, they cannot legally be charged with driving under the influence (DUI). Under this mistaken assumption, people believe the following scenarios do not qualify as DUIs:

·         Sitting behind the wheel in a parking lot

·         Pulling over on the side of the road

·         Sleeping in the driver’s seat

Law enforcement in the state of Florida has wide latitude to charge drivers suspected of operating vehicles while under the influence of drugs or alcohol. Most arrestees are caught while operating the car on the road. However, other arrestees are not driving at all. In fact, the car might not even be on! The Florida DUI law has a funny way of wording the elements of driving under the influence.

According to the Florida jury instructions for DUI, the Fort Walton Beach prosecutor must prove two elements beyond a reasonable doubt:

1.       The accused was either driving or in “actual physical control” of the car; and

2.       The accused had a blood alcohol content of 0.08 or above or was under the influence of any amount of drugs or alcohol if that amount impaired his faculties.

“Driving” is self-explanatory, but what about “actual physical control?” The Florida Legislature made this phrase slightly generic on purpose, creating confusion for drivers like yourself who don’t quite understand what is and isn’t prohibited.

When you’re intoxicated after a fun night out at one of Fort Walton Beach’s festive bars, you may have good intentions of sleeping off your buzz or waiting in your car for a ride from a friend. However, these good intentions might not translate to good decisions. Okaloosa County judges have interpreted “actual physical control” to include situations that do not involve the operation or movement of a car, so you need to be careful.

When you are in “actual physical control,” you have to be inside of the car (or on the motorcycle). “Control” encompasses the ability to drive the car. Ability to drive is usually proven by a variety of evidence, such as:

·         The car belongs to you or is commonly driven by you;

·         The car is on;

·         The keys are in the ignition;

·         The keys are in your hand;

·         You are in the driver’s seat;

·         Your hands are on the steering wheel or stick shift;

·         You made statements to officers about driving or attempting to drive the car; and/or

·         Other evidence of intent to operate.

So what are you supposed to do if you are drunk, your car is in the parking lot, and you need to get home? Skilled Fort Walton Beach DUI defense lawyer Stephen G. Cobb recommends that if you are with friends, you should give your keys to a sober friend and request that they drive your car home. If all of your friends are intoxicated, you can call a taxi or try walking home. If you are alone, you can call a friend or family member to pick you up. If none of those options are possible, you can wait until you are sober. However, this is risky because it can take hours to sober up depending on your level of intoxication. Remember – your driver’s seat is not the place to wait to sober up!

Find a DUI Defense Lawyer Near You Today in Fort Walton Beach!

If you were caught behind the wheel while intoxicated, talented Fort Walton Beach Criminal Defense Lawyer Stephen G. Cobb can utilize his experience as a Board Certified Specialist in Florida Criminal Law to defend against the accusations. For a free consultation, contact the Okaloosa County DUI defense lawyers at the Cobb Criminal Defense Law Firm now at (850) 651-6565.

Cobb Law Firm
5 Clifford Dr
Shalimar, FL 32579
(850) 651-6565

Source: FL criminal jury instructions for DUI