/Recent Results
Recent Results2014-12-23T21:59:35+00:00

RECENT RESULTS


Possession of Controlled Substance with Intent to Deliver – 2nd Degree Felony


Broward County Circuit Court – Client left his house and went across the street to his friend’s house and came out shortly thereafter with a jacket over his hands covering something he was carrying. Multiple Broward Sheriff’s Officers were conducting surveillance of him and the street. After depositions of the officers, a motion to suppress was filed and heard by Judge Gold. Despite a hotly contested Motion to Suppress, the Judge granted out Motion to Suppress and threw out of the State’s evidence. We had our client’s case successfully dismissed without any penalty, court cost or other implication for our client. (JL)

Driving Under the Influence – Motor Vehicle Accident; Client arrested after accident investigation and subsequent DUI investigation – Broward County Court & DHSMV Administrative Review

Our client was on the scene when Pembroke Pines Police responded to a multi-car accident allegedly caused by our client. Thankfully no one was seriously injured. Our client spilled a drink on himself and had an open bottle of coca-cola that the officer stated smelled as if it had rum mixed in it. A second officer arrived while the first officer was conducting the accident investigation. The first officer told the second that our client may be impaired and asked him to follow-up. After speaking to our client and finding the coca-cola bottle, the second officer conducted a DUI investigation and arrested our client for multiple counts of DUI and DUI property damage. Our client gave a breath sample after he was arrested that was more than twice the legal limit. After taking the officer’s deposition and committing him to sworn testimony, we filed the appropriate motion with the Court. After a lengthy evidentiary hearing, the Court granted the Motion to suppress declaring the arrest and all evidence obtained after unlawful. We also successfully had our client’s driver license suspension (incurred as a result of an unlawful blood alcohol level) invalidated by the Department of Motor Vehicles (IH)

Failure to Register as Sexual Predator – Felony – Miami-Dade County Circuit Court

Our client was made a sexual predator while represented by the Public Defender as a result of consensual sex with a fifteen, almost sixteen year-old girl who was the aggressor in the relationship. He had just turned eighteen. His case was resolved with probation but his attorney at the time did not explain to him that he had to immediately register as a sex offender. Because he did not register right away, he was arrested again and charged with another felony for failing to register; that case was also handled by the Public Defender. After several years of perfect compliance and completing his probation without incident, our client was arrested for another failure to register. It seems he got busy with other things and simply misses one his semi-annual registrations. The prosecutor was seeking five years of Florida State Prison and to certify our client as an Habitual Violent Career Criminal. Our client urged us to resolve the case without the risk of trial; we were able to resolve the case for him, after diligent effort, with a time-served sentence for the one day he spent in jail when he was arrested. (GG)

Operating without a Valid License – Misdemeanor/Felony – Broward County Court

Our client was charged with operating without a valid license after a motor vehicle accident. Prior to being hired, the State had indicated that they were inclined to have his case up-filed as a Felony Driving While License Suspended. Once retained, we quickly intervened on our client’s behalf and successfully kept the case from being up-filed to a felony. We later were successful in getting the prosecutor to dismiss the entire case without any penalty or prejudice to our client. (RD)

Urinating in Public – Misdemeanor – City of Fort Lauderdale – County Court

Our client was charged with operating without a valid license after a motor vehicle accident. Prior to being hired, the State had indicated that they were inclined to have his case up-filed as a Felony Driving While License Suspended. Once retained, we quickly intervened on our client’s behalf and successfully kept the case from being up-filed to a felony. We later were successful in getting the prosecutor to dismiss the entire case without any penalty or prejudice to our client. (RD)

Driving Under the Influence (Actual Physical Control) – Misdemeanor – Broward County Court & DHSMV Administrative Review

Our client was sleeping in his car in a shopping center parking lot later at night. A Broward Sheriff’s Deputy noticed his vehicle and woke hip up. After a discussion with out client, the deputy called for the DUI task force who had our client do road-side exercises, determined he was under the influence and arrested him for DUI; our client subsequently refused a breath test. We successfully had his drive license suspension invalidated because of legal issues with the initial contact between the deputy and our client. In addition, our client was recently diagnosed as a diabetic which we argued played a role in the facts of his case and his improper arrest. Ultimately, we were able to show the hearing officer that the necessary criteria could not be met, based upon all relevant facts and the law we presented, to uphold the suspension. Our client’s driver license suspension was invalidated allowing him to immediately get his license back. We subsequently took the stopping deputy’s deposition and created a strong record that resulted in our subsequent Motion to Suppress all evidence in the case. Once our Motion was set for hearing the State dismissed all charges against our client based upon our Motion and deposition of the officer. Our client walked away without any penalty. Court cost of fee of any kind. Any indication of his arrest and refusal has been removed from his driving record as well. Our client never lost his right to drive at anytime since his arrest and has no risk of any further penalty as a result of this due to our defense efforts. (JH)

Leaving the Scene of an Accident – Misdemeanor – Broward County Court

Our client was charged with leaving the scene of an accident. An alleged eye-witness called the police and made a report claiming that our client drove through and broke the security arm of a gated community. The owner of the vehicle got a letter from the police and gave it to our client who went and spoke to the police, making certain admissions, without the benefit of legal counsel. He was later charged with the criminal offense and then sought our representation. We examined the alleged witness prior to trial and obtained statements that made it nearly impossible for the State to proceed. When the witness arrived for trial we confronted him with the prosecutor present at which time he attempted to change his story. We were able to convince the prosecutor that it was not appropriate to go forward with the case and successfully got the State to dismiss the entire case right before trial. (RD)

Manslaughter/Culpable Negligence – Felony – Broward County Circuit Court – Early Termination of Probation

Our client came to us to after having pled to culpable negligence resulting in death which arose from an incident in which his car hit a man crossing the street and died. He had served several years of probation but had approximately four years remaining. We reviewed all of the evidence in his underlying case, located and contacted the family of the victim and prepared a lengthy motion. After hearing, the Judge granted our motion saving our client from an additional four years of probation. (MR)

Felony Driving While License Suspended (DWLS) – VOP – Broward County Circuit Court

Our client came to us after having taken a plea to felony DWLS and violating her probation. As a result of our efforts, we not only avoided any punishment for her on the violation but got her probation terminated at her violation of probation hearing without any further penalty or prejudice to our client. (LF)

Trespass & Resist without Violence (RWOV) – City of Fort Lauderdale – County Court

Our client was charged with both trespass and resisting the officer’s attempt to arrest him without violence. Within one week of our retention, we reached an agreement to have the entire case dismissed by the prosecutor. (NS)

Aggravated Assault with a Deadly Weapon – Felony – Broward County Circuit Court

Our client was represented by the Office of the Public Defender and later decided to hire private counsel. When we were retained our client was facing up to five (5) years of Florida State Prison and the State Attorney was refusing to make a plea offer at the time. After careful review of the State’s discovery submission, we undertook our own investigation and spoke with the State’s witnesses and the alleged victim. We also filed several motions to compel, a motion to suppress and a motion to dismiss for discovery violations. However, the state had six witnesses including three civilians including the alleged victim, the two police officers on scene and the detective that did further investigation in the case. When our client was arrested, the weapon alleged to have been used in the assault was in his hand. Prior to our Motion to Suppress and/or our Motion to Dismiss being heard, we got the State to agree to reduce the third degree felony to a second degree misdemeanor. Our client ultimately opted to plead no contest to a second degree misdemeanor and was sentenced to a withhold of adjudication (no conviction), two months of probation and an anger management class. Although we believed we could obtain a not guilty verdict after trial, our client elected to resolve the case with the charge of charge and incredibly lenient sentence that we were able to arrange for him. This outcome took a great deal of work and persistence but is one that we are especially proud of. (OW)

No Bond Hold on Felony Capias – Felony Bond – Broward County Circuit Court

Our client was charged with dog fighting after being found in the area of a dog fight with a pit-bull with blood and cuts on his body. He missed a court date resulting in a bench warrant being issued for his arrest with no bond. He was sentenced in a Federal Court case prior to our engagement and was extradited to Broward County from Federal Custody when his sentence was over in the Federal System. We were able to get a bond hearing set immediately and had him out of jail with a $1,500 bond within days. (BM)

Out of State Extradition – No Bond – 1st Degree Felony – Broward County Circuit Court

Our client was arrested in Tennessee for failing to appear for Court in Broward County on first degree felony drug charges. We were able to obtain an order for a $5000.00 bond that the State of Tennessee refused to recognize and transported to Florida without time to contact a local judge in Tennessee. Upon his arrival to Broward County, we immediately got him a bond hearing and successfully had him released on his own recognizance without having to post any bond at all. (TC)

Possession of Cocaine – Felony – Broward County Circuit Court

Our client was a passenger in a car that was lawfully stopped by local law enforcement. After being given consent to search the car, the police found cocaine in a pack of cigarettes. Our client was arrested for Possession of Cocaine, a third degree felony punishable up to five years in Florida State Prison. Our client acted quickly and hired us within days his arrest. Because of his wise decision to hire a lawyer early, we were able to prevent the State from filing any charges against him at all. His entire case went away without the need for any court appearances. (JP)

Organized Fraud/Grand Theft/Conspiracy – Felony (8 Counts) – Broward County Circuit Court

Our client contacted us as soon as he received a phone call from a police detective. Acting quickly, the day before Christmas, we learned that there was an arrest warrant with a $250,000.00 bond. We made arrangements for our client to surrender on the warrant the day after Christmas and immediately got an emergency bond hearing set the next day. We successfully had our client’s bond reduced to $12,000. Our further efforts resulted in the State Attorney’s Office not filing any charges despite substantial resistance by Broward Sheriff’s Office. Our client, who was facing over forty (40) years in Florida State Prison, walked away from this case without any penalty or record. (MJ)

Grand Theft – Felony – Miami-Dade County Circuit Court

Our client came to us after having been discharged in a pre-trial diversion program after having been enrolled for over a year. After being discharged, she failed to appear in Court and had a warrant issued for her arrest which she learned of when the police came to her house looking for her. It turns out that despite being enrolled in the diversion program for nearly a year, the report prepared and sent to the Judge indicated that she had not completed any of the things expected of her despite the fact that she had been in the program for nearly a year. We were able to get our client’s warrant set-aside without her ever being arrested or being put in jail. Despite her total failure for the last year, we successfully persuaded the prosecutor to allow her to re-enroll in the program so she could complete her obligations and have her entire felony case dismissed. (DM)

Lewd & Lascivious Conduct with minor under the age of 16; Impregnating a Minor – Felony – Broward County Circuit Court

Our client came to us after having been arrested after a traffic stop at which time he was served with an outstanding warrant on two felony counts causing him to fact up to twenty (20) years in Florida State Prison scoring mandatory prison on his score sheet. Based upon the applicable law, there is almost no viable defense to having sexual intercourse with a minor under sixteen years old when you are approximately ten years older short of the state failing to prove their case or you being able to show that you were not the person. Since our client and the alleged victim was pregnant with and had our client’s baby (who was at the hospital and gave his name as the father on the birth certificate), his case was a difficult one to say the least. Nevertheless, we very carefully analyzed all information and investigated various issues related to his case. As a result of our analysis and investigation, we found a technical defense, commonly referred to as a “loophole”, filed a Motion to Dismiss which resulted in dismissal of all charges. (RR)

Battery and Disorderly Conduct – Misdemeanor – Miami-Dade County Court

Our client made several Court appearances without a lawyer, never knew to ask for any documents or information that the State was going to use to prosecute him (called “Discovery”). After his case was set for trial, a family member that we had previously represented recommended that he come and speak with us. At his consultation, he hired us to represent him without sufficient time to seek a continuance of his trial before his Court date. We promptly undertook whatever investigation we could with the limited information and time we had. We filed a motion attacking the legality of his arrest before trial and appeared with him as scheduled. On the day of trial, we spoke to the alleged victim about certain facts and circumstances of the case that we uncovered in our quick investigation. After speaking with him, we advised the Court and prosecutor of certain issues that led to the prosecutor speaking to the victim with us present. By the end of the brief conference outside the Courtroom, the State agreed to dismiss the battery charge but was prepared to move forward with the disorderly conduct charge. After further discussion about various issues including but not limited to the pre-trial motion we filed, the State nolle prossed (dismissed) the entire case. Once again, our client walked away from the charges without any penalty, conviction, sentence or criminal record of any kind and is eligible to even have the arrest itself expunged. (DH)

Driving Against Restrictions – Misdemeanor – Miami-Dade County Court

Our client was stopped for a traffic infraction and told the police officer he was on the way to the gym. Unfortunately, his license was suspended after a DUI arrest and only had a restricted permit to drive for work purposes. At the first court appearance, we made numerous arguments to the Assistant State Attorney who ultimately agreed to announce a nolle prosse (dismissal of case) and the Court dismissed the traffic infraction as well. (CV)

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