Prior results do not guarantee a similar outcome.
Charges: DUI (Misdemeanor)
Result: Dismissed
Court: County Court, Fourth Judicial Circuit
Details: Our client was employed by a prominent national company headquartered in Jacksonville. Her boyfriend moved to California to attend college. She helped him pack and load his van on moving day. After he drove away, she became sad and called a friend to make plans so as to not be lonely that evening. The plans entailed dining in and a movie at home. Over the course of several hours, our client drank some rum and cokes. Later that night, while driving her car, our client ran over a curb and hit a concrete column. She called for roadside assistance to remove her vehicle from the area. As our client was getting her personal items from her car in preparation for towing, Jacksonville Sheriff’s Officers arrived. After being interrogated and performing field sobriety exercises (FSEs) our client was arrested and charged with DUI. The arrest report stated she was arrested because she admitted to drinking rum and coke prior to the incident, her face was flushed, her eyes were bloodshot and she failed the FSEs.
As in all our cases, we used several avenues to attack the case against our client. We first obtained a doctor’s report documenting our client had a skin condition called rosacea which often causes blotchy redness of the cheeks, nose, chin and/or forehead and watery or irritated eyes thereby mimicking the facial flushing often associated with consumption of alcohol. We next determined the arrest report indicated the Officers had failed to advise our client of her rights to remain silent and have an attorney present during her interrogation, rendering her admission of drinking that evening inadmissible. We also interviewed our client’s friend who stated our client only slowly and intermittently sipped one and a half drinks over the course of many hours while experiencing several episodes of hard crying over her boyfriend’s departure, which explained her fatigued appearance and red eyes.
We further presented evidence that based on the number of drinks she had consumed, her weight and the elapsed time from drinking to arrest, our client’s blood alcohol content if measured, would have been .04, well below the .08 required for a DUI conviction. Finally, in reviewing all the facts and circumstances, we discovered the Officer administering the FSEs failed to follow proper procedures. Based on our comprehensive and overwhelming challenges to the State’s case for DUI, the charge was dismissed.
Charges: Driving Under the Influence (DUI)
Result: Charge Reduced to Reckless Driving and Adjudication Withheld
Court: Circuit Court, Fourth Judicial Circuit, Nassau County
Details: Our client was pulled over by the police for allegedly weaving in her car. The officer said when he approached her car he noticed she had bloodshot, watery eyes, and he could detect the odor of alcohol on her breath. She agreed to perform the Standard Field Sobriety Exercises, which the officer said she failed. She was then arrested and transported to the jail for driving under the influence. After explaining her driving pattern was due to her eating in her car, and demonstrating her performance on the Field Sobriety Exercises was adversely affected by a prior knee injury, the State agreed to reduce her charge to reckless driving and for her to receive a withhold of adjudication, meaning she wasn’t even found guilty of the reduced charge.
Charges: DUI (Misdemeanor)
Result: Dismissed
Court: County Court, Fourth Judicial Circuit, Duval County
Details: Our client was stopped driving at the beach after leaving a bar where he’d been drinking. The officer noted an odor of alcohol on his breath and that he had bloodshot, watery eyes and slow movements. After admitting he’d been drinking, our client agreed to perform the field sobriety exercises administered by the officer. Before our client could finish the exercises, the officer stopped his investigation out of a concern for our client’s safety. Our client was arrested and taken to jail.
Our examination of the evidence revealed the officer lacked a sufficient legal basis initially to stop our client. As a result, all the evidence the officer had obtained against our client, including his admissions of drinking and his alleged poor performance on the field sobriety exercises was rendered inadmissible in court. Consequently, our client’s case was dropped by the State.
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Charges: Driving While License Suspended, DWLS (Misdemeanor)
Result: Adjudication Withheld (no formal finding of guilt)
Court: County Court, Fourth Judicial Circuit, Duval County
Details: Our client was informed of an outstanding warrant for her arrest for driving while her license was suspended following a pre-employment background check. Her prospective employer gave her a short period of time to correct the issue before withdrawing her job offer. We immediately had the warrant recalled and got the matter quickly before a judge who withheld adjudication on the charge. Our client was then able to both accept the job offer and avoid having a criminal conviction on her record.
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Charges: Domestic Violence
Result: Minimal 3 Day Sentence
Court: Circuit Court, Fourth Judicial Circuit, Duval County
Details: Our client’s spouse filed a Petition for Injunction for Protection Against Domestic Violence in an attempt to gain an advantage over him in their pending divorce case. We prepared for, and accompanied our client to the hearing on the Wife’s request for a permanent injunction. The judge dismissed the Wife’s Petition at the conclusion of the hearing.
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Charges: Aggravated Assault; Aggravated Battery (Felonies)
Result: Minimal 3 Day Sentence
Court: Circuit Court,Fourth Judicial Circuit
Details: Our client, a contractor, performed work on a home just before Christmas. The homeowner then refused to pay for the work until certain items were addressed to the homeowner’s satisfaction. After satisfactorily addressing the homeowner’s concerns, the homeowner unreasonably persisted in refusing to pay the contractor. Frustrated by the recession’s negative effect on the construction industry and by the homeowner’s apparent attempts to avoid paying the invoice, the client visited the homeowner and stated he wouldn’t leave until paid. An altercation then ensued during which the homeowner alleged our client threatened to cut him with a power saw.
Our client, who had a significant criminal history including prior acts of violence, was arrested and charged with both aggravated assault and aggravated battery. By the time we were retained, our client had bonded out of the Duval County Jail after being there for 3 days. After presenting the State Attorney’s Office with additional facts about the incident from witnesses, we resolved both charges without the client having to serve any additional jail or prison time.
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Charges: Robbery By Sudden Snatching; Aggravated Battery (Felonies)
Result: Substantially Reduced Sentence
Court: Circuit Court, Fourth Judicial Circuit
Details: Our client got in a fight with another man in a parking lot. As the fight was ending, our client landed the last blow, which knocked the victim’s sunglasses off his face and onto the ground. When our client fled the scene, he picked the glasses up and flung them into a bush. Later the same day our client was apprehended by the police and positively identified by the victim. Although our client denied any role in the incident, his participation was confirmed by fingerprint analysis from a glasses lens recovered from the scene. Our client was charged with Robbery by Sudden Snatching due to his taking the victim’s sunglasses, which were also later recovered.
We filed a pretrial motion to dismiss the charges, which was granted. The State subsequently re-filed the case as a straight Robbery charge. While we were negotiating a favorable disposition of the Robbery charge, the client had the misfortune of getting into another altercation resulting in injuries to a second, unrelated victim. The State consequently filed the new and additional charge of Aggravated Battery. The two charges carried a potential sentence of 6 years. Notwithstanding the client’s trend of escalating violence, we presented background information and legal arguments enabling us to negotiate a substantially reduced total sentence of only 2 years for both charges.
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Charges: Shoplifting (Misdemeanor)
Result: Charges Dropped
Court: County Court, Fourth Judicial Circuit
Details: Our client was shopping at a local mall with a friend. After making some purchases at several stores, they went to a popular department store to shop for swimsuits. As they were in the dressing room, our client watched as her friend stuffed some swimwear she had just tried on and liked into a shopping bag from another store. Both ladies then exited the dressing room and proceeded to the cashier to pay for some additional items. After they completed their respective purchases and started towards the exit, the ladies were detained by store security who had been monitoring them on video camera. The police were called and both ladies were arrested for shoplifting.
We promptly prepared a written narrative about our client demonstrating this was an isolated incident by a person of good character. We also prepared a written legal analysis concluding that, even accepting as accurate the facts set out in the officer’s arrest and booking report, our client had not committed any crime under Florida law. After reviewing our reports, the State Attorney’s Office dismissed the case.
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Charges: Burglary (Felony)
Result: Case Dismissed
Court: Circuit Court, Fourth Judicial Circuit, Duval County
Details: Our client, a juvenile, was accused of breaking into a school with another youth and taking food and money. After demonstrating our client’s good background and character, and that this was an isolated incident, the State agreed to place him into the Youth Offender Program wherein his case was ultimately dismissed.
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Charges: Sexual Battery
Result: Charge Reduced to Child Abuse, Adjudication Withheld and Client Sentenced to Only One Year in County Jail
Court: Circuit Court, Fourth Judicial Circuit, Clay County
Details: Our client was accused of sexual battery of a child which was punishable by up to life in prison. Before engaging us as his lawyer, the client unfortunately spoke with detectives who obtained his “confession” by misrepresenting the nature and extent of the alleged victim’s injuries. As always, we fought hard for our client and got his charges reduced and adjudication withheld, meaning although he was initially charged with a life felony, he ended up not being found guilty of even the reduced charges.
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Charges: Distribution of Cocaine and Ecstasy (Felonies)
Result: Substantially Reduced Sentences
Court: United States District Court, Middle District of Florida
De
tails: Our two clients were part of a nationwide drug distribution ring targeted by the FBI. The ring had been infiltrated by confidential informants who video and audio taped our clients dealing substantial quantities of cocaine and ecstasy. Due to the nature and quantity of evidence against our clients, there were no available defenses to the charges. However, we were able to present mitigating circumstances at the sentencing phase of the cases and to otherwise position our clients so they served less than half of their potential sentences under the Federal Sentencing Guidelines. Both clients successfully completed their sentences and moved on to lead productive and enjoyable lives.
Charges: Sale / Distribution of LSD and MDMC (Felonies)
Result: Substantially Reduced Sentence
Court: United States District Court, Middle District of Florida
Details: Our client was busted for selling drugs as a result of a lengthy investigation by the DEA. Due to the nature and quantity of the involved drugs, and the large amount of cash found at our client’s residence, the Federal Sentencing Guidelines recommended a minimum sentence of 12 years. Due to the nature and quantity of evidence against our client, including his confession to the crimes, there were no available defenses to the charges. However, we were able to present mitigating circumstances at the sentencing phase of our client’s case resulting in a sentence of only 3 ½ years, the bulk of which would involve drug addiction rehabilitation.
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Charges: Fleeing A Police Officer (Misdemeanor)
Result: Case Dismissed
Court: County Court, Fourth Judicial Circuit
Details: Our client and his friend were walking along a dark road late one night when a police cruiser passed by, stopped and then began backing up. Although they were not and had not done anything wrong, the two began to run and fled to a nearby convenience store. The officer pursued in his car, and parked in the store lot. As the Officer exited his cruiser, our client and his companion ran into the woods behind the store, ignoring the officer’s command to stop. The officer followed the two into the woods, eventually catching our client and arresting him for fleeing.
We were able to satisfactorily explain to the prosecutor our client’s instinctive “flight or fight” reaction prompted by the officer’s initially approaching our client late at night for no apparent reason. By explaining our client’s conduct as an involuntary biological and psychological reflexive action, and not the result of an intention willfully to disobey the officer’s commands to stop, and demonstrating his otherwise upstanding character, the case was dismissed.
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Charges: Resisting an Officer with Violence; Breach of the Peace; Assault on an Elected Official; and Battery on a Law Enforcement Officer (Three Felonies; One Misdemeanor)
Result: Case Dismissed
Court: County Court, Fourth Judicial Circuit
Details: Our client and his friend were walking along a dark road late one night when a police cruiser passed by, stopped and then began backing up. Although they were not and had not done anything wrong, the two began to run and fled to a nearby convenience store. The officer pursued in his car, and parked in the store lot. As the Officer exited his cruiser, our client and his companion ran into the woods behind the store, ignoring the officer’s command to stop. The officer followed the two into the woods, eventually catching our client and arresting him for fleeing.
We were able to satisfactorily explain to the prosecutor our client’s instinctive “flight or fight” reaction prompted by the officer’s initially approaching our client late at night for no apparent reason. By explaining our client’s conduct as an involuntary biological and psychological reflexive action, and not the result of an intention willfully to disobey the officer’s commands to stop, and demonstrating his otherwise upstanding character, the case was dismissed.
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Charge: Planting a Hoax Bomb (Felony)
Result: Adjudication Withheld, thereby avoiding career-limiting felony convictions
Court: Circuit Court, Fourth Judicial Circuit, St. Johns County
Details: Our juvenile client was accused of assaulting a teacher and school resource officer. We demonstrated the school’s failure to follow our client’s Individual Education Plan (IEP), and her medical condition, including Attention Deficit Hyperactivity Disorder (ADHD) and Oppositional Defiance Disorder (ODD) combined to cause the incident. The State agreed and withheld adjudication on all the charges so that our client avoided potentially career-limiting felony convictions.
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Charges: Mortgage Fraud (Felony)
Result: Adjudication Withheld, thereby avoiding career ending felony conviction
Court: Circuit Court, Fourth Judicial Circuit
Details: Our client was a former NFL player who, after leaving professional football, started a mortgage company. The client was approached by another mortgage company in North Carolina that claimed it had a method legitimately to eliminate mortgage debt and avoid foreclosure based on the method by which lenders had assigned mortgage notes and other related mortgage loan transaction documents to non-lending entities. Believing this method to be legitimate and lawful, our client promoted this method to some of his customers for a fee. After paying substantial amounts to our client, his customers neither eliminated their mortgage debt nor avoided foreclosure.
The customers eventually referred the matter to the State Attorney’s Office and our client was subsequently arrested and charged with mortgage fraud. At the time of his arrest, our client had obtained his general contractor’s license and moved to Texas to find work. Our presentation of our client’s background and character, together with a supervised interview of the client by the assigned prosecutor, resulted in a plea agreement withholding adjudication on the felony fraud charge so that the client didn’t lose his general contractor’s license, and a reasonable schedule for him to refund his customers the money they lost.
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Charges: Insurance Fraud
Result: Investigations Abandoned
Court: None
Details: Our client drove from Jacksonville to Orlando to take his children to Disney World. After putting his kids to bed in Orlando, the client went out with some friends in their car. Later that night the client’s car was discovered stripped and torched in Georgia. Police evidence indicated the car had been started by using one of the factory issued keys. The client subsequently was investigated for insurance fraud by both the Police and his insurance company.
To demonstrate our client’s innocence, we produced time and date-stamped credit card receipts verifying it was not possible for the client to have traveled from Orlando to Georgia and back that night. We also retained an expert witness to refute the accusers’ position it was impossible to start the client’s car without his key, which had always been in his possession. After several months of investigation and our refusal of repeated requests for our client to submit to a polygraph examination, both investigations were dropped.
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