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