Wednesday, November 18, 2015

Think Smart, Not Aggressively for Your Destin Domestic Violence Case

Think smart during your Destin, FL 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

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