With Florida State running back Dalvin Cook scheduled to face a misdemeanor battery trial on Monday, I interviewed Tallahassee criminal defense attorney Chuck Hobbs to get a better understanding of the process and what Dalvin will encounter at trial. If you remember from a few weeks ago, Chuck offered some good insights right after Dalvin was charged, so I invited him to help us again.
An audio recording of the full interview with Chuck can be found on the link at the bottom of this post, and it also will air on Warchant Radio in the morning. Here's a brief synopsis as well for the folks who don't do audio.
Demand for speedy trial has pros, cons
Regarding Cook’s request for a speedy trial, Hobbs said this might be the quickest he has seen a case go from charges to trial in his nearly 20 years of practicing law in Tallahassee. The other trial he recalls happening this quickly was former FSU quarterback Adrian McPherson’s case in 2003. That is no coincidence. He said that in general, people who are accused of crimes prefer to wait as long as possible for a trial because it makes it more difficult for accusers and witnesses to keep their accounts straight. And that’s a prime opportunity for a defense attorney to point out reasonable doubt. But in the cases of McPherson and Cook, they were willing to trade that potential benefit for the possibility of getting back on the field quicker.
How jurors deal with conflicting witness accounts
On the statements from Dalvin’s attorney that the defense has a witness who will contradict the accuser’s testimony, Hobbs said that could be “huge” … especially if his credibility holds up. But he said the state attorney will try to discredit his testimony if they can. If the witness had been drinking that night or if he has previous criminal offenses in his background, those are things the prosecutors will go after.
Pre-trial media coverage
On pre-trial media coverage of the case, Hobbs said he didn’t think it would have any bearing on the outcome of the trial. He said he’s always amazed during jury questioning how few potential jurors say they read or see much in the local news.
How long it will take for verdict
As for the length of the trial, Hobbs said he’s just about certain it will be wrapped up in one day on Monday. He said he’s only seen one misdemeanor case where a jury deliberated for more than 5 or 6 hours. (That was Adrian McPherson’s case, which ended with a deadlocked jury.) Most juries are done in a few hours. So there's a very good chance we will have a verdict Monday, or at the latest early Tuesday.
Anyway, Chuck had some more things to say. It's a 15-minute interview. So if you want to hear the whole thing, check out the link below. I think it's informative.
Chuck Hobbs interview on the Warchant Radio page
An audio recording of the full interview with Chuck can be found on the link at the bottom of this post, and it also will air on Warchant Radio in the morning. Here's a brief synopsis as well for the folks who don't do audio.
Demand for speedy trial has pros, cons
Regarding Cook’s request for a speedy trial, Hobbs said this might be the quickest he has seen a case go from charges to trial in his nearly 20 years of practicing law in Tallahassee. The other trial he recalls happening this quickly was former FSU quarterback Adrian McPherson’s case in 2003. That is no coincidence. He said that in general, people who are accused of crimes prefer to wait as long as possible for a trial because it makes it more difficult for accusers and witnesses to keep their accounts straight. And that’s a prime opportunity for a defense attorney to point out reasonable doubt. But in the cases of McPherson and Cook, they were willing to trade that potential benefit for the possibility of getting back on the field quicker.
How jurors deal with conflicting witness accounts
On the statements from Dalvin’s attorney that the defense has a witness who will contradict the accuser’s testimony, Hobbs said that could be “huge” … especially if his credibility holds up. But he said the state attorney will try to discredit his testimony if they can. If the witness had been drinking that night or if he has previous criminal offenses in his background, those are things the prosecutors will go after.
Pre-trial media coverage
On pre-trial media coverage of the case, Hobbs said he didn’t think it would have any bearing on the outcome of the trial. He said he’s always amazed during jury questioning how few potential jurors say they read or see much in the local news.
How long it will take for verdict
As for the length of the trial, Hobbs said he’s just about certain it will be wrapped up in one day on Monday. He said he’s only seen one misdemeanor case where a jury deliberated for more than 5 or 6 hours. (That was Adrian McPherson’s case, which ended with a deadlocked jury.) Most juries are done in a few hours. So there's a very good chance we will have a verdict Monday, or at the latest early Tuesday.
Anyway, Chuck had some more things to say. It's a 15-minute interview. So if you want to hear the whole thing, check out the link below. I think it's informative.
Chuck Hobbs interview on the Warchant Radio page
