If you have been arrested in Florida, you
need a Criminal Law Expert.
Our DUI defense lawyers will fight to protect your
rights after being arrested at a roadside checkpoint. We
are on your side, and we are here to help. If you are
charged with DUI in Florida you need to hire the best
DUI lawyer in Florida.
Cobb Law Firm
can be reached by calling (ph):
COBB - DUI ATTORNEY
ENTRY OF A PLEA
There are two times when a plea is entered in a
misdemeanor criminal case:
1) Upon Arraignment, or;
2) At a designated time to enter a change of plea
Unlike Florida felony cases, a criminal defendant can
enter a plea at either times. Either way, you should
consult an experienced criminal defense attorney before
Here is why:
If you have potential legal defenses, it is important to
weigh the impact of Florida's criminal case discovery
These rules require the government to provide certain
information to anyone charged with a crime, and this
1) uncover defenses that are complete defenses to
any and all charges,
2) uncover partial defenses to some, but not all
3) uncover partial defenses that justify a
reduction or substitution of lesser charges for more
There is a big difference between pre-trial defenses and
trial defenses, and only an experienced attorney can
explain the difference – and the magnitude of the
potential danger – of exercising certain defenses. You
don't want to find yourself in a position where reckless
defenses actually hurt your case and increase both the
likelihood and severity of criminal punishment.
Sometimes, it is to your advantage to enter a quick plea
upon formal charging – at Arraignment Court. However,
most of the time is more advantageous to enter a formal
Change of Plea at a later date, after discovery has been
reviewed by a highly skilled lawyer.
Most lay people are totally incapable of interpreting
Florida criminal statutes, rules, local rules (often
unwritten), procedural issues and case law.
There are two basic types of criminal trials in Florida:
Jury Trials and Bench Trials.
Jury Trials are trials where six to twelve people are
selected to render a verdict. Jurors do not decide legal
issues such as whether someone's rights were violated or
whether a case should be dismissed. Jurors decided
issues about the facts, the judge decides issues of law.
For example, a person is prosecuted for battery, the
defense is that no battery occurred, and the person
claiming the battery has lied. The judge would not
dismiss the case based upon a defense that the would-be
victim has lied. Why? The jurors decide whether the
person is lying. The issue of whether the person is
lying is a factual issue, not a legal issue.
Bench Trials are where the judge decides both the legal
and the factual matters. For example, in a Florida
criminal law Bench Trial, the judge could find that the
witness lied as a matter of fact because the judge would
decide factual issues as well as legal ones.
In Juvenile Delinquency cases, all trials are Bench
Trials unless the juvenile in question has been waived
up to adult court by the prosecutor.
NOTE: Probation and Community Control Violation Cases
are actually hearings, but they are more like Bench
Trials since there is no right to a jury.
The Florida Bar Association Board of Legal Education and
Specialization in Tallahassee, Florida, has designated
Attorney Stephen G. Cobb as a Board Certified Criminal
Trial Law Specialist. The Cobb Criminal Defense Law Firm
handles all phases of Florida Criminal Trial Law, from
pretrial discovery through verdict.
Have loved one who is often in trouble?
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Contact professional DUI attorney Stephen G. Cobb today
If you have recently
been charged with a driving while intoxicated (DWI) and need
assistance fighting for your case, be sure to contact Stephen G.
Cobb at 850-651-6565 your FREE case evaluation.
CobbLawFirm.com is an educated,
experienced DUI attorney is just who you need to help fight for your
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information purposes only. Nothing on this site should be taken as
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Stephen G. Cobb.