Pensacola Florida Criminal Defense Lawyer
Fort Walton Beach Florida Criminal Attorney

FAQ's

Stephen Cobb
Frequently Asked Questions

• You have been charged in court with a crime. This may occur following an arrest or through a summons to appear in court and answer a criminal complaint or indictment. All people have an absolute constitutional right to the assistance of a lawyer in a criminal court case. 
• You have been arrested. If arrested for a potential criminal charge, a referral for criminal charge(s) may be made to the District Attorney in the county of the alleged law violation, or to the prosecutor for the federal district of the alleged violation. If an in-custody interrogation follows the arrest, the person being questioned has an absolute constitutional right to remain silent and to have a lawyer present during the questioning. 
• You are being investigated for a crime. Law enforcement officers and prosecutors often contact people directly to answer questions about their alleged involvement in a crime.

Generally, the sooner a criminal defense lawyer is brought into a criminal case or investigation, the better potential results for the client. Do not take a wait-and-see approach to a criminal situation. Do not seek answers to questions about your rights and legal status from police officers and prosecutors who do not have a legal duty to act in a suspect’s best interest.

What is the right to remain silent?
Just that—an absolute right to remain silent if a person is in custody and is being questioned by police as the suspect of a crime. This is an adversarial setting between the police and the suspect. The police may use various tactics to get a suspect to admit to a crime or make incriminating statements. These tactics may include appealing to a person’s guilt or conscience, engaging in ploys like ‘good-cop/bad-cop,’ lying about the evidence against the person, making promises of leniency or release if the suspect confesses to a crime or outright intimidation. This is such an inherently coercive setting for a person that the U.S. Supreme Court ordered that the now-famous standard Miranda warnings be read to a person before a custodial interrogation begins. You have the right to remain silent. Everything you say will be used against you. You have the right to a lawyer. If you cannot afford a lawyer, one will be appointed to you.

It seems that, despite the warnings, people often ignore these rights and give incriminating statements to police that they later say are false, inaccurate or the result of abuse, coercion or intimidation. Also, people often forget that any communication or information given to police is considered a statement – not just a written or signed statement. These statements will be used against a person – just like the warning says.

An analogy: If you have a baseball bat, and someone tells you that if you hand him the bat he will hit you over the head with it, would you give that person the bat? Think about the right to remain silent the same way.

What should I say if the police are questioning me?
Your magic words are: “ I would like to speak to a lawyer.” Many people try to talk their way out of being arrested, but end up getting arrested AND giving the police evidence which hurts their legal interests. Remember, law enforcement officers are professional statement takers. You are probably not a professional statement maker.

Must a police officer always advise a person of their Miranda rights before asking a question?
No. The Miranda warning is only in effect during a custodial interrogation. This means that the person being questioned is in custody or in an environment in which the person does not believe that he is free to leave.

For example: Officer Jones is investigating a robbery at the local supermarket. The cashier indicates that a patron named Mary Smith may have seen the robber. When Officer Jones interviews Mary, Mary makes statements implicating herself in the robbery as a lookout. Can Mary`s statements be used against her later, even though she was not read her Miranda Warning? The answer is yes, because Mary was not in custody when she was being asked the questions. Therefore, Mary was free to leave if she wanted to.

What is a search warrant?
A search warrant is a written order issued by a judge that authorizes police officers to conduct a search of a specific location and seize any evidence. Under the Fourth Amendment searches must be reasonable and specific. This means that a search warrant must be specific as to the specified object to be searched for and the place to be searched. Before a search warrant may be issued, there must be a showing of probable cause.

If I am arrested, can the officer search me?
Yes. Police officers do not need a warrant to conduct a search after making an arrest. After making an arrest, the officer can legally search the person being arrested and the area in the immediate control of the person. Under this exception to the search warrant requirement, an arresting officer may search only the person arrested and the area within which that person might gain possession of a weapon or might destroy or hide evidence.

What happens if I am arrested?
When someone is arrested for breaking a criminal law in Florida, they are usually taken to a local jail for arrest processing. If the person was arrested on a warrant, the arrest warrant may specify a bond amount and release conditions. If the warrant specifies a bond and the person makes that bond, then they will be released and given a court date known as Arraignment. Arraignment usually is scheduled several weeks after the arrest.

If a person has been arrested without a warrant, they may get a bond during processing at the jail, or they may be held for First Appearance, which is held within twenty-four hours of arrest.

At First Appearance, the duty judge will determine three things: 1) Whether probable cause exists, 2) whether the time periods required by law have been followed, and 3) whether a bond will be set. If the person has been arrested for a Violation of Probation or Community Control, then the duty judge will not normally set or reduce a bond set by another judge’s warrant. If the person cannot make the bond, or if one has not been set, a Motion to Set or Reduce Reduction may be filed.

Why is my arraignment in another city than the one I was arrested in?
Florida has sixty-seven counties which are divided up into ‘judicial circuits.’ In some counties, such as Okaloosa, there are two separate courthouses. Thus a person arrested for a felony in Destin, Fort Walton Beach or Mary Esther will have their arraignment in Crestview, yet there case will be handled in Shalimar at the Shalimar Courthouse Annex for all other proceedings. If there were arrested in Crestview, then all of the proceedings including arraignment are handled at the same courthouse. In other counties, such as Santa Rosa, virtually all cases are handled in Milton, even though most Santa Rosa County arrests actually occur in Gulf Breeze or Navarre, Florida. Some counties, such as Duval, are consolidated, which means any arrest which occurs in Duval County is arraigned in Jacksonville because Jacksonville, Florida, is an entire, consolidated city-county local government.

What happens at an arraignment?
There are three basic types of arraignment cases: Misdemeanor, felony and violation. At the arraignment, if you are charged with a misdemeanor you can plead guilty, nolo contendere (No Contest), or not guilty at the arraignment. No Contest is a plea of convenience meaning that you will not contest the charges. Legally, this is the same as a guilty plea, but is not an admission of guilt. If the plea entered is not guilty, then the case will be set for a trial.

If you are charged with a felony, judges will normally not accept a plea of guilty or no contest at arraignment because the case is so serious. The exception to this general rule is in cases where there is a Violation of Probation or Community Control arraignment. In either case, Normally, you will be given one to three court dates. These court dates vary depending upon the type of case. For example, a Violation of Probation or Community Control may have an evidentiary hearing scheduled. A felony or misdemeanor case will normally have a pretrial conference, case management conference or docket day scheduled before the trial date.

Should I ‘plead out’ or handle my case by myself at arraignment and just get it over with?
This is the most important time to have a lawyer: An unexpected jail or prison sentence can be devastating to you and your family. The State Attorney will not offer the best deal to an unrepresented person at arraignment. They also won’t drop the charges because they suddenly become convinced you are innocent or feel sorry for you and your circumstances. Before pleading guilty to any first time offenses, you should consult an attorney. Even misdemeanor offenses have “collateral consequences” that you may not be aware of. For example, if you like to hunt or are a member of the military, a plea of guilty or no contest plea to a domestic violence charge automatically makes it illegal for you to own or possess a firearm – for life. Also, in Florida, a plea of no contest or guilty may result in a two year suspension of your driver’s license in certain drug possession cases, even for small amounts of drugs like marijuana. You also may legal defenses that you are not aware of simply because you haven’t been practicing criminal law for many years.

What is the sentencing hearing?
In arriving at an appropriate sentence, a sentencing hearing may be held at which evidence of aggravating or mitigating circumstances is considered. The sentence hearing is also known as the "sentencing phase," "penalty phase" and "punishment phase." In assessing the circumstances surrounding a convicted person’s criminal behavior, Florida’s state courts often rely on pre-sentence investigations by probation agencies or other designated authorities. Courts may also consider victim impact statements, particularly in sentencing defendants convicted of serious or particularly violent crimes. A sentencing hearing may be waived if the State and the defense agree to a negotiated settlement that is acceptable to the sentencing court.

Take Action Now to Protect Your Rights:
If you or someone you know in Fort Walton Beach, Pensacola, Crestview, Destin, Niceville, Gulf Breeze or throughout Florida needs the assistance of an experienced criminal lawyer, please contact Cobb Criminal Defense Law Firm today at 866-716-5115, or complete the contact form provided on this site to schedule your free consultation.