Our Recent Criminal Defense Victories
Feb 21, 2023
Police responded to a call about a drunk driver. The defendant was found
in the driver's seat and parked at a gate of a community. When the
defendant rolled down her window, the officer observed an odor of alcohol,
bloodshot eyes, and slurred speech. The defendant was unsteady and had
an orbital sway while outside the car. Her movements were also clumsy
and uncoordinated. After performing poorly on roadside tests, she was
arrested for DUI. She later refused a breath test.
The lawfulness of the initial encounter with police was called into question.
The officer had no corroboration of any DUI observations or driving pattern
when he ordered her to roll down her window. It wasn't until her window
was down that the officer started making all the DUI observations.
The State dropped the DUI.
Oct 5, 2021
The defendant was the at fault driver in a rear end crash. When officers
arrived, they noticed the defendant to have red/glassy eyes, a drowsy
appearance, and slow movements. Believing that she was impaired by drugs
and not alcohol, she was asked to perform roadside tests. She performed
poorly and was arrested for DUI She later refused a urine test.
Under the Florida DUI statute 316.193, to prove DUI, the State must prove
that the defendant was impaired by either alcohol and/or a specific chemical
and/or controlled substance. Here, the State could not prove by what specific
substances were impairing her.
The DUI was dismissed.
Sep 17, 2021
The defendant was the at fault driver in a crash. He made an improper turn
and failed to yield the right of way. The officer observed the defendant
to have an odor of alcohol, slurred speech, and he had no idea what had
happened. The defendant refused to perform field sobriety tests and was
arrested for DUI. He later refused the breath test. This was the defendant's
Under Florida law, one can only be asked for a breath test after being
arrested for DUI. Here, the officer improperly asked the defendant for
a breath test prior to arrest. The firm also filed pretrial motions to
exclude statements that were taken in violation of Miranda and also a
motion to exclude the refusal to perform roadsides. The firm took pretrial
depositions of the witnesses in which there were many inconsistent statements
made by the officers. The State Dropped the Defendant's Second DUI.
The State dropped the DUI.
Jun 9, 2021
The defendant crashed into a bicyclist in a residential neighborhood driving
approximately 90 mph. The bicyclist subsequently died and the defendant
was charged with vehicular homicide. A video which was located two blocks
from the crash estimated the defendant's speed between 84mph and 99mph.
The black box in the vehicle revealed a speed of 88mph. A civilian witness
observed the defendant behind the wheel and corroborated the speed.
The State Attorney listed approximately 50 witnesses. Most important to
the case was the traffic homicide investigator. After five (5) hours of
cross-examination, the homicide investigator acknowledged the following.
First, there was a box truck making a left turn that was discovered near
the location of the crash which could have concealed the victim's
bicycle just prior to the crash. There was a set of headphones that were
located close to the victim's body which could have impaired the defendant's
attention on the road. A toxicology report indicated both alcohol and
cocaine in the victim's blood which could have impaired his ability
to safely operate the bicycle. In addition, the officer recognized that
many of the details that the independent civilian witness testified to
were incorrect. The prosecutor acknowledged the weaknesses that were created
by the defense. The vehicular homicide was amended to a reckless driving
The defendant was not convicted of any crime.
The defendant was charged with three counts of battery by strangulation. He was facing Florida State prison time if convicted.
The defense got all charges dismissed prior to the case even entering the justice system.
The defendant was charged with domestic aggravated assault and aggravated stalking. He was alleged to have went to the victim's house, violated a restraining order, and chased her with a knife in front of three witnesses.
The defendant received no jail, no prison, and no felony conviction on his record.
The defendant was stopped by the police as he was walking down the road to watch a meteor shower on the beach. The police found him to appear suspicious and patted him down. In doing so, they found a glass pipe commonly used for smoking marijuana. The defendant was charged with possession of drug paraphernalia.
Prior to trial, the defense argued there was no reason to have patted him down under Florida law as he did not appear to be armed and dangerous. Thus, there was unreasonable search and seizure. The charge was Dismissed. Read the paraphernalia was not being used for the purpose of "illicit drug usage."
The defendant was charged with felony possession of cocaine. It was found in her purse after being arrested for DUI.
The defendant received no felony conviction, no jail, no probation and no two year driver's license suspension.
The defendant was stopped for driving through a restricted area in a park. The officer smelled marijuana in the car. A subsequent search revealed marijuana cigarettes in the car. He was arrested for possession of marijuana.
The defendant received no conviction, no probation, no jail, and no two year driver's license suspension for a drug conviction.
The defendant was charged with possession of cocaine. The drugs were found in her purse after her arrest for DUI.
The defendant received no felony conviction, probation, license suspension or jail.
The defendant was charged with possession of marijuana.
The defendant received no conviction, no probation, and no jail. Also, since he was NOT convicted, he did not receive a two year driver's license suspension. On a drug charge, if a person is convicted, they can lose their D/L for two years.
The defendant was charged with burglary of a vehicle. He was seen jogging and then identified as entering a vehicle. He was arrested for burglary and faced up to five years in prison.
The defense took pre-trial depositions of all witnesses. The eye witness could not positively identify the defendant at the depo as the person entering the car and there were no fingerprints taken off the car. The State dismissed the case due to a lack of evidence based on the depositions.
The defendant was charged with two counts of sale of marijuana. He was alleged to have been selling the drugs out of his college dormitory room. He faced up to 10 years in State prison if convicted.
The defendant received no felony convictions and no jail time.
The defendant was charged with felony driving on a suspended license because his license was permanently revoked for numerous DUI's. He faced up to five years in prison if convicted.
The defendant received no felony conviction, no probation, and no jail time.
The defendant was charged with possession of marijuana. After a lawful traffic stop, the officer observed the pot in the car. There were two individuals in the car, including the defendant. No one admitted to ownership of the drugs.
On the day of trial, the defense showed the State the case law supporting our position that the defendant could not have been in constructive possession of the of the drugs. The State dismissed all the charges.
The defendant was stopped for running a stop sign. The officer smelled burning marijuana from the car. The defendant admitted smoking the pot and also swallowed some of it. The officer also found more pot and cocaine in the car. The defendant was arrested for possession of marijuana, possession of cocaine, and destruction of evidence.
The defendant received no felony convictions on his record and no jail time.
The defendant was charged with possession of cocaine. He allegdly threw down a baggie of cocaine after being stopped for driving recklessly. He faced up to 5 years in prison for the third degree felony.
The defendant received NO felony conviction and only had to pay court costs.
The defendant was charged with grand theft for allegedly stealing money from his employer. If convicted, the defendant faced up to five years in prison.
The defendant only received one day of probation and no felony conviction on his record.
The defendant was arrested on charges of child abuse, aggravated battery and domestic violence.
The defendant was alleged to have struck his spouse. His children were supposedly present when the aggravated battery took place. The defense was successful in having all charges dismissed.
The defendant was charged with Carrying A Concealed Firearm & Obstruction Of Justice.
The defendant approached the officers while they were investigating a possible drug transaction. The defendant began to question why the officers were "messing" with the subject. After requesting the defendant to leave the area he was eventually taken into custody for obstruction of justice. A pat down search later revealed a fully loaded 9mm firearm. After conducting an independent investigation and deposing each of the witnesses, the defendant was not convicted of any charges. The gun was returned to the defendant.
The defendant was charged with armed robbery facing 30 years Florida state prison. The defense had the charges reduced to battery, and the defendant received no jail.
The defendant and his passenger were parked at 3:22 a.m. behind a series of closed businesses. As an officer approached, the defendant drove away. The officer followed the defendant and eventually stopped him driving in reverse down an alley. A hammer, gloves and a chisel were found in the vehicle. The defense filed a motion to suppress based on an unlawful stop. The motion was granted and the evidence was thrown out.
Sexual Battery, Burglary with an Assault and Battery
The defendant was charged with Sexual Battery and Burglary with an Assault and Battery. He faced Life in prison. At trial, the alleged victim testified that her underwear was ripped, that she scratched the defendant’s back causing severe marks, and that he broke in without permission. The two did know each other. The defendant testified she let him in the house after calling him to come over that night and the sex was consensual. Upon cross examination of the lead detective, he testified he found no ripped underwear and no scratches on the defendant’s back corroborating the victim’s story. The defendant was found not guilty on all counts.
Case: STATE V. H.M. (NOT JURY TRIAL)
Felony Fleeing, Eluding the Police
The defendant was charged with felony fleeing and eluding the police and faced up to five years in prison. The defendant received no felony conviction on his record, no probation, and not one day in jail.
Aggravated Battery with a Deadly Weapon
The defendant was charged with aggravated battery with a deadly weapon (a knife). He faced up to 15 years in State prison. The defendant was cab driver who picked up some drunken men. They got very rowdy in the cab and he asked them to get out. The men refused ton leaved the taxi and they all jumped him. He then pulled a knife in self defense cutting one of the men. At trial on cross examination, all the men in cab gave different versions of what happened outside the taxi prior to and during the stabbing. The jury found him not guilty.
Felony Leaving the Scene of an Accident
The defendant was charged with felony leaving the scene of an accident. He faced up to five years in prison. At trial, the defense argued the defendant did not leave the scene and simply went down the road to call for help. The jury found him not guilty.
Lewd and Lascivious Act on a Child Under 16 Years Old
The defendant was charged with Lewd and Lascivious Act on a Child under 16 years old. The defendant faced up to 15 years in prison. At trial, the defendant testified the alleged act never took place and that his teenage daughter hated him for always trying to discipline her. The defense was able to impeach her with her pre-trial testimony numerous times to attack her credibility. The jury believed the defendant and found him not guilty.
Robbery in the Second Degree
The defendant was charged with robbery in the second degree and faced up to 15 years in State prison. He was alleged to have robbed a jewelry store. An FBI agent became involved in the case and showed only one picture of a suspect to the victim in the store. That picture just so happened to be the defendant so she said it was him who robbed her. At trial, the defense argued the agent should have showed a photo pack with more than one picture and only showing one photo was very suggestive. The jury agreed and found the defendant not guilty.
The defendant was charged with felony animal cruelty for allegedly throwing cats out his car window on a busy highway. He faced five years in prison. The defendant testified at the trial that the stray cats were actually hiding under the truck as they always hid under his truck at his trailer park as they did under other cars in the park. The defense also argued it was ridiculous to believe a defendant was throwing cats out his window as the two witnesses testified during rush hour on the busiest street in the county with hundreds of people to see the alleged crime taking place. The jury did not believe the witnesses and the defendant was found not guilty.
Second Degree Murder, Being a Convicted Felon in Possession of a Firearm
The defendant was charged with second degree murder and being a convicted felon in possession of a firearm. The defendant faced life in prison. The two counts were severed and the State tried the defendant on the felon in possession charge first. At trial, the defense was able to impeach witness after witness as their stories contradicted each others on major points. The primary defense in the case was that the defendant only grabbed the gun and shot the victim out of “necessity” to protect his relative who was getting beat up in the street. The jury found the defendant acted out of “necessity” under the law and found him not guilty. He later received probation and not one day in jail on the murder charge as none of the witnesses were credible after the first trial.
Lewd and Lascivious Sex Acts with a Child Under 16 Years Old
The defendant was charged with Lewd and Lascivious Sex Acts with a Child Under 16 years old. He faced 30 years in prison. At trial, the defendant testified that he did not commit the acts alleged and that the child was lying due him being a strict step parent. The defense argued that was her motive to lie and fabricate the story. He was found not guilty by the jury.
The defendant was charged with aggravated battery which she faced up to 15 years in prison. The defendant testified she and the alleged victim had numerous problems in the past and that the entire story was a lie. Also, the defense pointed out to the jury that the victim had no visible injuries to corroborate her story to the police. The defendant was found not guilty.
Aggravated Assault with a Firearm
The defendant was charged with aggravated assault with a firearm facing a three year minimum mandatory prison sentence. At trial, the victim, who was the ex-girlfriend of the defendant, stated the defendant pulled a gun on her. She told police the gun was positively black, yet the gun found by police was bright silver. The defendant also testified about their rocky relationship prior the allegation. The defendant was found not guilty.
Attempted First Degree Murder with a Gun
The defendant was charged with attempted first degree murder with a gun and facing life in prison. The defendant was alleged to have gone over to someone’s trailer to collect money. The defense alleged at trial, the victim pulled a weapon first in a scuffle and the defendant acted in self defense by shooting the individual to protect his life. He was found not guilty.
Robbery with a Deadly Weapon
The defendant was charged with robbery with a deadly weapon (to wit: a stick). If convicted, he faced life in prison. The defendant had a lengthy felony record. At trial, a photo pack was shown to the victim who picked the defendant out of the pictures. When the photo pack was shown at trial, the defendant’s head was the smallest and looked nothing like the other five men in the pack. The defense argued misidentification due to the suggestive nature of the pictures. The defendant was found not guilty.
Five Counts of Aggravated Assault with a Deadly Weapon, Aggravated Battery on a Police Officer with a Deadly Weapon
The defendant was charged with five counts of aggravated assault with a deadly weapon (a car) and aggravated battery on a police officer with a deadly weapon (a car). He faced up to 105 years in prison. At trial on all charges, the defense argued the defendant’s “intent” was to get away from police during the chase, not to cause them fear. The jury found no “intent’ and found him not guilty on all counts.
The defendant was charged with possession of cocaine. He faced five years in prison on this third degree felony. All the officers contradicted each other’s testimony when cross examined and the defendant was found not guilty.
Armed Burglary of a Dwelling
The defendant was charged with armed burglary of a dwelling which was punishable by life in prison. The victim in the case was the defendant‘s estranged relative. On the witness stand, she made one inconsistent statement after another upon repeated questioning by the defense. The jury found her testimony to be not credible and he was found not guilty.
The defendant was charged with Sexual Battery. He faced up to 15 years in State prison if convicted. At trial, the victim elaborated her story in that she stated the defendant hit her and ripped her clothes. The detectives did not corroborate her story when they testified. Further, the day after the alleged rape, the victim went to the defendant’s house to confront him. At trial, the defense argued that it was absolutely ridiculous an alleged rape victim would go to the alleged rapist’s house. Along with the contradictions in her story versus the physical evidence brought out on cross examination, the jury found him not guilty.
Attempted First Degree Murder and Aggravated Battery
The defendant was charged with attempted first degree murder and aggravated battery. The defendant stabbed the alleged victim in a bar fight. The accuser made several allegations at trial which were not consistent with his pre-trial deposition testimony. Also, the defense argued self defense since the accuser attacked the defendant first according to eye witness statements. The jury found the defendant not guilty on both counts. If convicted, the defendant would have been sent to prison for the rest of his life.
Two Counts of Battery on Law Enforcement Officers
The defendant was charged with two counts of battery on law enforcement officers and facing ten years in prison. The defense was able to establish that the defendant acted in self defense as he was being beaten by the cops and pepper sprayed. The jury found the defendant not guilty on both counts.
The defendant was charged with robbery with a firearm. The crime was punishable by life in prison. The defense argued the defendant was misidentified by the victim. The jury found the defendant not guilty.
Four Counts of Aggravated Assault with a Firearm and Shooting into a Dwelling
The defendant was charged with four counts of aggravated assault with a firearm and shooting into a dwelling. She faced up to 35 years in prison, including 3 year minimum mandatory prison sentences on each aggravated assault count. At trial, numerous witnesses gave different accounts about the incident as each witness was questioned by the defense. Due to their contradictory stories and conflicts in the evidence, such as no shell casings being found by police, the jury found the defendant not guilty on all counts.
Attempted First Degree Murder, Aggravated Battery on a Law Enforcement Officer, Grand Theft of a Motor Vehicle, Resisting an Officer with Violence
The defendant was charged with attempted first degree murder, aggravated battery on a law enforcement officer, grand theft of a motor vehicle, and resisting an officer with violence. The defendant was facing life in prison. At jury trial, the defense argued the defendant acted in self defense. The defense put the defendant on the witness stand to tell his side of the story that he was just protecting himself and the jury found him not guilty on all charges.
Lewd and Lascivious Act on a Child Under 16 Years Old
The defendant was charged with lewd and lascivious act on a child under 16 years old. The defendant was facing up to 15 years in the State Prison. At trial, the defense was able to impeach the alleged victim with inconsistencies in her statements on cross examination. The jury found the defendant guilty of a lesser charge, misdemeanor battery, and he received probation and not one day in jail.
Grand Theft, Burglary of a Structure
The defendant was charged with grand theft and burglary of a structure. The defendant was facing ten years in prison. The State could not prove its case beyond a reasonable doubt based on inconsistencies the defense was able to point out to the jury and the jury found the defendant not guilty on both counts.
The police conducted a traffic stop on the defendant's car for a seat belt violation. When the officer approached the car, he smelled an odor of marijuana coming from inside the vehicle. The officer had the defendant step out of the car and then noticed marijuana in plain view on the rear left rear floor board in a zip locked bag. The defendant admitted the marijuana was his for personal use. The defendant was charged with possession of marijuana.
The defendant received No criminal conviction for a drug charge and the firm also saved the defendant from losing his driver's license for two years by not being convicted of said drug charge.
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