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Case: State vs. J.P. – Battery
Charge: Battery (2012)
Judge: Hon. Granville Burgess (Nassau County)
Description: Client charged with battery following a fight in Fernandina Beach. As a result of conflicting witness accounts, we successfully negotiated for our client’s acceptance into Pretrial Intervention (PTI), which resulted in a complete dismissal of the charges.
Outcome: Case Dismissed.
Case: State vs. G.C. – Cannabis
Charge: Possession of Cannabis (2012)
Judge: Hon. Charles Cofer
Description: Client charged with cannabis possession. In an attempt to allow for the arrival of a K9 Unit, police illegally detained Client beyond the time reasonably necessary to issue a traffic citation. Our attorneys negotiated for a dismissal of the charge on grounds that law enforcement had committed a Fourth Amendment violation.
Outcome: Case Dismissed.
Case: State vs. D.C. – Cannabis
Charge: Possession of Cannabis (2012)
Judge: Hon. Russell L. Healey
Description: Client allegedly found smoking a blunt at a nightclub. The arresting officer did not witness our client in possession, and based his arrest on alleged admissions made by our client, the smell of marijuana, and statements by an unreliable third party. Our firm contacted the Office of the State Attorney and pushed for a dismissal on grounds that there was insufficient evidence to sustain a conviction.
Outcome: Case Dismissed.
Case: State vs. R.T. – Aggravated Assault
Charge: Aggravated Assault with Deadly Weapon (2012)
Judge: Hon. Kevin Blazs
Description: Our client charged with aggravated assault for allegedly ramming his car into another vehicle driven by estranged ex-wife. Prior to the filing of charges, our law firm submitted mitigating evidence to the prosecution showing that the ex-wife had unlawfully taken our client’s car, and that our client was merely attempting to stop a theft that was in progress.
Outcome: Case Dismissed. No charges filed.
Case: State vs. C.W. – VOP (Felony)
Charge: Violation of Probation (Felony) (2012)
Judge: Hon. Adrian G. Soud
Description: Client charged with violation of felony probation after allegedly committing a new misdemeanor offense. A capias is issued for client’s arrest.
Outcome: Case Dismissed. Probation terminated. Misdemeanor charges reduced to civil infraction.
Case: State vs. D.W. – VOP
Charge: Violation of Probation (2012)
Judge: Hon. Granville Burgess (Nassau County)
Description: Client was on probation for misdemeanor battery. While on probation, Client is arrested and charged with committing a subsequent battery (Felony).
Outcome: Modification and reinstatement of probation. No jail.
Case: State vs. M.F. – Battery
Charge: Battery (2012)
Judge: Hon. Granville Burgess (Nassau County)
Description: Client charged with battery after allegedly engaging in a bar brawl. Due to factual disputes as to how the incident occurred, the prosecution made an offer of Pretrial Intervention, whereby the charges would be dismissed in exchange for completion of minimal community service.
Outcome: Case Dismissed.
Case: State vs. C.M. – Suspended DL (HTO)
Charge/Issue: HTO Revocation of Driver’s License (2012)
Judge: Hon. Scott F. Mitchell
Description: Prior to retaining our firm, our Client’s driver’s license was revoked for 5 years as a result of being classified as a Habitual Traffic Offender (HTO). The HTO classification occurred after he paid off several traffic fines, including a citation for unknowingly driving with a suspended license. The payment of the suspended license citation resulted in an adjudication of guilt, which placed our client into the HTO criteria. Our attorneys filed a Motion to Vacate the conviction in order to restore our client’s driving privileges.
Outcome: Motion to Vacate granted. HTO status lifted. Client’s driver’s license reinstated without conditions.
Case: State vs. B.H. – Criminal Mischief
Charge: Criminal Mischief (Juvenile Felony) (2012)
Judge: Hon. Richard R. Townsend (Clay County)
Description: Client charged with committing vandalism at a public school. Total alleged damages exceeded $1,400.00
Outcome: Case Dismissed.
Case: State vs. A.W. – Theft
Charge: Petit Theft (2012)
Judge: Hon. Emmet F. Ferguson
Description: Alleged petit theft at Wal-Mart. Our firm negotiated for our client’s admission into Pretrial Intervention (PTI) and for a dismissal upon completion of all conditions.
Outcome: Case Dismissed.
Case: State vs. D.W. – Felony Battery
Charge: Felony Domestic Battery (2012)
Judge: Hon. Robert Foster (Nassau County)
Description: Our client was charged with Felony Battery (Domestic Violence) after allegedly striking a family member during a verbal altercation at our client’s home. The case involved a self-defense claim, as well as an allegation that the alleged victim was intoxicated at the time of the incident. The charge was our client’s second such battery offense.
Outcome: Case Dismissed.
Case: State vs. R.S. – DUI
Charge: Driving Under the Influence (2012)
Judge: Hon. Dawn Hudson
Description: Client charged with DUI after alleged erratic driving and “poor” performance on Field Sobriety Exercises.
Outcome: Case Dismissed.
Case: State vs. M.F. – Domestic Battery
Charge: Battery-Domestic Violence (2012)
Judge: Hon. Alexander R. Christine, Jr. (St. Johns County)
Description: Client charged with Battery-Domestic Violence following an incident with a female household member.
Outcome: Case Dismissed. Client offered a lenient deferred prosecution agreement whereby the charges are dismissed in exchange for completion of an anger management course.
Case: State vs. N.K. – Disorderly Intoxication
Charge: Disorderly Intoxication (2012)
Judge: Hon. Dawn Hudson
Description: Client charged with Disorderly Intoxication after allegedly striking his roommate and claiming there were ‘bombs’ in his apartment. Our attorneys contested the charge on grounds that the alleged incident did not occur in a “public place” or cause a “public endangerment,” as required under applicable case law.
Outcome: Case Dismissed.
Case: State vs. A.G. – Theft
Charge: Petit Theft (2012)
Judge: Hon. Pauline Drake
Description: Our client had juvenile history. We negotiated for a dismissal in exchange for completion of Pretrial Intervention (PTI).
Outcome: Case Dismissed.
Case: State vs. N.B. – Cannabis
Charge: Possession of Cannabis (2012)
Judge: Hon. Pauline Drake
Description: On-campus possession of cannabis while driving. Our attorneys negotiated for a dismissal of the charges in exchange for our client completing Pretrial Intervention (PTI).
Outcome: Case Dismissed.
Case: State vs. J.S. – DUI (Third)
Charge: Driving Under the Influence (Third Outside 10 years) (2012)
Judge: Hon. Eleni Derke
Description: Client charged with third DUI offense outside of ten years. The incident giving rise to the arrest involved a crash that causes the death of the other driver. Police unlawfully obtained a blood sample from the Client by making misrepresentations as to their authority to demand a blood draw. A Motion to Suppress filed by our law firm was granted, resulting in the exclusion of evidence regarding Client’s blood alcohol level.
Outcome: Motion to Suppress granted. Case Dismissed.
Case: State vs. S.M. – Grand Theft
Charge: Grand Theft (2012)
Judge: Hon. Tyree Boyer
Description: Client charged with Grand Theft (F3) after allegedly taking several items from a friend’s home. Our client had prior criminal history, including a conviction for a sex offense.
Outcome: Withhold of Adjudication. Term of probation; No jail. No conviction.
Case: State vs. K.K. – Suspended DL
Charge: Driving with License Suspended/Canceled/Revoked with Knowledge (2012)
Judge: Hon. Moses Floyd
Description: Client charged with fourth offense of Driving with a Suspended License (with knowledge).
Outcome: Charge amended to No Valid Driver’s License (withhold of adjudication) (no conviction). Our firm also filed a Motion to Vacate a prior plea entered by the Client in a suspended license case. The Motion to Vacate was granted. As a result, our Client’s Habitual Traffic Offender Status was lifted and her full driving privileges were reinstated.
Case: State vs. J.D. – Domestic Battery
Charge: Battery-Domestic Violence (2012)
Judge: Hon. Granville Burgess
Description: Client charged with Battery-Domestic Violence after allegedly pushing a female household member in the back following a heated verbal altercation.
Outcome: Case dismissed upon completion of Pretrial Intervention.
Case: State vs. S.M. – Tag Not Assigned
Charge: Attaching License Plate / Tag Not Assigned (2012)
Judge: Hon. Russell L Healey
Description: as charged. Our attorneys obtained an agreement to dismiss the charge due to lack of evidence as to knowledge or attachment.
Outcome: Case Dismissed.
Case: State vs. J.H. – Felony Cannabis
Charge: Possession of Marijuana w/ Intent to Sell/Manufacture/Deliver (2012)
Judge: Hon. Tyrie W. Boyer
Description: Client charged in five-count Information with Possession of Marijuana with Intent to Sell, Manufacture or Deliver, Possession of Drug Paraphernalia, Resisting an Officer Without Violence, Petit Theft, and Resisting Recovery of Stolen Merchandise. Ten individually packaged bags of marijuana were found in Client’s possession, along with a scale and significant amounts of cash. Our client obtained a dismissal of the charges following completion of pretrial intervention.
Outcome: Case Dismissed.
Case: State vs. K.W. – Leaving the Scene
Charge: Leaving the Scene of an Accident Involving Property Damage (Attended Vehicle)
Judge: Hon. Emmett Ferguson
Description: While departing a local bar, Client struck an attended vehicle, causing nearly $1,500.00 in property damage. Prior to retaining counsel, Client admitted to police that he left the scene of the accident. Client had previously been convicted of DUI.
Outcome: Withhold of Adjudication. No jail. No probation. No conviction. No restitution. Companion civil infraction dismissed. Client has no out of pocket costs for property damage.
Case: State vs. R.B. – Fraud (Felony)
Charge: Worthless Check (Felony) (2012)
Judge: Hon. Tyrie Boyer
Description: Our client was charged with worthless check in connection with an incident that occurred in 1999. In 2000, the State filed an information and the circuit court issued a capias for her arrest. Due to subsequent name changes, the capias was never served and the State of Florida failed to make a diligent search to determine the Client’s whereabouts. Our firm filed a Motion to Dismiss on grounds that the statute of limitations had expired (despite the timely filing of an information and issuance of a warrant). The Motion was granted and the capias was recalled.
Outcome: Case Dismissed.
Case: State vs. B.R. – Street Racing
Charge: Racing on Highways (2012)
Judge: Hon. Russell Healey
Description: Client charged with Racing on Highways after allegedly engaging in a high speed drag racing competition. The client allegedly admitted to the officer that he was in fact racing another vehicle.
Outcome: Charge Amended to Reckless Driving. Withhold of Adjudication. No conviction. No probation. No points on license.
Case: State vs. J.G. – Cannabis
Charge: Possession of Cannabis (2012)
Judge: Hon. Robert Williams (Nassau County)
Description: Client had two previous felonies and a prior cannabis charge. The client directed the investigating officer to the location of the cannabis in the vehicle and allegedly admitted to knowing of its presence. A conviction of the offense would have resulted in a two-year driver’s license revocation.
Outcome: Withhold of Adjudication. No jail. No probation. No conviction. No adverse effect on client’s driving privileges.
Case: State vs. J.C. – Probation Violation
Charge: Violation of Probation (Battery-Domestic Violence) (2012)
Judge: Hon. Richard R. Townsend (Clay County)
Description: Client charged with violation of Battery-Domestic Violence probation. The case arose when our client was charged with four new law violations, including: Racing on Highways, Reckless Driving, Attaching Tag Not Assigned, and Driving with a Suspended License with Knowledge. Two warrants were issued for our Client’s arrest: one warrant for the Violation of Probation, and another for failure to appear at an arraignment on one of the new criminal charges.
Outcome: Case Dismissed. All warrants recalled. Client’s probation reinstated. No penalties.
Case: State vs. R.R. – Street Racing
Charge: Racing on Highways; Reckless Driving (2013)
Judge: Hon. Brent D. Shore (Duval County)
Description: as charged. Client admitted to officer that he was racing. A conviction of the charge would have resulted in a mandatory one-year driver’s license revocation.
Outcome: Racing Charge Dropped. Clients pleads to Reckless Driving, with a withhold of adjudication (no conviction) and court costs. No jail. No probation. No points. No loss of driving privileges.
Case: State vs. G.W. – Drinking in Public
Charge: Drinking Alcohol in Public (2013)
Judge: Hon. Angela M. Cox
Description: As charged. Our attorneys negotiated for a dismissal in exchange for our client completing a lenient form of Pretrial Intervention (PTI).
Outcome: Case Dismissed.
Case: State vs. C.A. – Theft
Charge: Petit Theft (2013)
Judge: Hon. Alexander R. Christine (St. Johns County)
Description: as charged. Our attorneys negotiated for a dismissal of the charges in exchange for our client completing Pretrial Intervention.
Outcome: Case Dismissed.
Case: State vs. S.H. – Cannabis
Charge: Possession of Cannabis; Possession of Drug Paraphernalia (2013)
Judge: Hon. Ronald P. Higbee
Description: as charged. Despite minor criminal history, our firm negotiated for a dismissal in exchange for our Client’s completion of Pretrial Intervention (PTI).
Outcome: Case Dismissed.
Case: State vs. N.N. – Disorderly Intoxication
Charge: Disorderly Intoxication (2013)
Judge: Hon. Ronald P. Higbee
Description: Client fell asleep at the entrance of her apartment after a night of drinking. Neighbors reported the situation to police. Upon arrival of law enforcement officers, client allegedly became combative and shouted to the investigating officer to “F*** off” and to “go F***” yourself.” Multiple bystanders from the apartment complex stepped outside their doors to “see what the commotion was all about.” On these facts, our law firm filed a Motion to Dismiss, arguing that our client’s statements were protected speech under the First Amendment, and that there was no public endangerment or disorderly intoxication within a “public place.”
Outcome: . State Attorney withdraws charges and agrees to pretrial intervention prior to hearing on the Motion to Dismiss.
Case: State vs. C.L. – Theft & Fraud
Charge: Worthless Check (Less than $150.00) (2013)
Judge: None Assigned
Description: Our client was charged in three separate cases with misdemeanor worthless check. In all cases, the State Attorney filed charges, and three separate warrants were issued for our Client’s arrest. Our law firm obtained a dismissal of the charges on grounds that the Statute of Limitations had expired.
Outcome: All Cases Dismissed.
Case: State vs. H.T. – Theft
Charge: Grand Theft (2013)
Judge: None Assigned- Case Resolved Prior to Filing
Description: Our client was being investigated for Grand Theft after her employer discovered that she had allegedly taken hundreds of dollars worth of clothing from a department store, where she worked. Detectives from local law enforcement became involved, and obtained an alleged written confession pertaining to the charges. Despite these factors, our law firm negotiated a civil resolution with corporate headquarters for the department store. No charges were brought and our Client avoided prosecution.
Outcome: All Charges Dropped.
Case: State vs. L.H. – Theft
Charge: Petit Theft (2013)
Judge: Hon. John A. Moran
Description: as charged. Our attorneys negotiated for a dismissal in exchange for completion of Pretrial Intervention (PTI).
Outcome: Case Dismissed.
Case: State vs. D.B. – Unassigned Plate/Tag
Charge: Attaching License Plate Not Assigned (2013)
Judge: Hon. Eleni E. Derki
Description: as charged. At trial, our attorneys moved for a Judgment of Acquittal on grounds that the prosecution had failed to present sufficient evidence to prove knowledge and attachment.
Outcome: Judgment of Acquittal granted. Client found Not Guilty.
Case: State vs. J.M. – Stolen Property
Charge: Dealing in Stolen Property (Second Degree Felony); False Verification of Ownership to Pawnbroker (Third Degree Felony) (2013)
Judge: Hon. Virginia Norton
Description: Our Client was charged with two counts of Dealing in Stolen Property and two counts of Providing False Verification of Ownership after attempting to pawn electronics that were allegedly stolen in a prior burglary. Prior to retaining our firm, the Client gave a recorded interview and made damaging statements about the case.
Outcome: All charges dismissed as to Dealing in Stolen Property. Client pleads to False Verification of Ownership. Withhold of Adjudication. No conviction. No further penalties. No probation.
Case: State vs. J.C. – Burglary
Charge: VOP- Burglary of a Structure or Conveyance (4 Cases) (2013)
Judge: Hon. Adrian G. Soud
Description: Our Client was charged violation of felony probation stemming from a 2010 sentence on four charges of burglary. He was alleged to have left the State of Florida without permission and to have changed his residence without first notifying probation. At the time the warrant was issued, our Client had not completed any conditions of his probation. The Office of the State Attorney made an initial offer of 13 months prison, due to the fact that the defendant was on probation for four burglaries and had failed to comply with any of his probation requirements in the previous 3 years. After extended negotiations, our firm was able to obtain a time-served offer.
Outcome: Probation Reinstated. Client pleads to time served. No further penalties.
Case: State vs. J.L.C. – Drinking in Public
Charge: Consumption of Alcohol in Public (2013)
Judge: Hon. John A. Moran
Description: Our client, a college student and first-time offender, was charged with a misdemeanor offense for consuming an alcoholic beverage on a public sidewalk in Jacksonville Beach. When the Office of the State Attorney declined to offer Pretrial Intervention (PTI) in the case, we filed a Motion to Suppress on grounds that the investigating officer lacked reasonable suspicion to conduct an investigatory detention. The lack of reasonable suspicion derived from the fact that, at the time of the stop, our Client’s beer was concealed within an unmarked “Koozie.” Upon filing the Motion, the State made an offer of PTI to resolve the case.
Outcome: Case Dismissed.
Case: State vs. W.F. – Battery
Charge: Battery (2013)
Judge: Hon. Mose Floyd
Description: Our Client was charged with two counts of Battery after allegedly attacking two employees of an automotive repair shop during a customer dispute. Our law firm presented mitigating evidence and established that the repair shop was unlawfully detaining our client’s vehicle to secure an alleged lien.
Outcome: Charges reduced to “Affray,” withhold of adjudication (no conviction). Client avoids jail and a permanent record.
State vs. S.M. – Criminal Mischief
Charge: Criminal Mischief (2013)
Judge: Hon. Ronald P. Higbee
Description: Our Client was charged with criminal mischief on the basis of an incident that occurred in 2002. The capias issued in the case was never served, despite our client residing in Florida during the entire Statute of Limitations period. Our attorneys filed a Motion to dismiss on grounds that the court was without jurisdiction to hear the case.
Outcome: Case Dismissed.
Case: State vs. E.B. – Aggravated Battery
Charge: Aggravated Battery Upon an Inmate in a Detention Facility (2013)
Judge: Hon. Kevin Blazs
Description: Our Client was charged with aggravated battery after allegedly attacking an inmate while incarcerated on another felony charge. Prior to the filing of charges, our law firm contacted the Office of the State Attorney to present contrary evidence demonstrating the implausibility of the alleged victim’s allegations. The prosecution agreed to a dismissal of all charges, citing evidentiary issues.
Outcome: Case Dismissed.
Case: State vs. J.H. – Aggravated Assault
Charge: Aggravated Assault with a Deadly Weapon (Weapon Fired); Possession of a Firearm While Intoxicated (2013)
Judge: Hon. Mark W. Moseley (Baker County)
Description: In the course of a domestic dispute, our client fired a shotgun into the ground in order to deter a belligerent houseguest, who was unarmed. Due to the nature of the charges and the fact that a weapon was discharged, our client faced a minimum mandatory prison sentence of 20 years. Our attorneys immediately contacted the Office of the State Attorney. We argued for a dismissal of the charges under Florida’s “Stand Your Ground” law and submitted multiple witness statements and character references to support our position. After extended negotiations, the prosecution agreed to drop the aggravated assault charges.
Outcome: Felony Charges Dropped. Client pleads to “Improper Exhibition of a Weapon,” a misdemeanor offense; withhold of adjudication (no conviction).
State vs. S.M. – VOP
Charge: Violation of Probation (2013)
Judge: Hon. Ronald P. Higbee
Description: Our Client was charged violation of probation stemming from an earlier misdemeanor offense. He never reported to probation and a capias for his arrest remained outstanding for several years.
Outcome: Probation Terminated. VOP dismissed. No further penalties.
Case: State vs. E.B. – DUI (Felony)
Charge: (1) Driving Under the Influence (Felony); (2) Driving While License Revoked as a Habitual Traffic Offender (Felony); (3) Attaching Plate or Validation Sticker Not Assigned; (4) Expired Registration More Than 6 Months (Second Offense) (2013)
Judge: Hon. Kevin Blazs
Description: Our Client was charged with the above-referenced offenses after he was caught driving in March of 2013. The felony charge of Driving While License Suspended as a Habitual Traffic Offender was his fourth offense, and the DUI was also his fourth offense. His criminal history included 11 felonies and over 20 misdemeanor convictions and/or charges. Our law firm negotiated for the dismissal of the DUI (due to issues of proof regarding impairment and problems with the breath test results) and filed a motion to dismiss the felony Driving with a Suspended License charge. The motion challenged whether an apartment complex parking lot, which was gated and manned by security personnel, constituted a “street or highway” that was “open to public.”
Outcome: DUI Dismissed. Attaching Tag Not Assigned Dismissed. Expired Registration Dismissed. On the day of trial, the State agreed to an offer of 60 days Duval County jail with credit for 37 days. Despite initially facing years in prison and the permanent revocation of his driver’s license, our Client served only 23 days of additional county time.
Case: State vs. A.S. – Domestic Battery
Charge: Domestic Violence Battery (2013)
Judge: Hon. James A. Ruth
Description: Our Client was charged with Battery-Domestic Violence after he allegedly pushed his girlfriend into a table during a verbal altercation. As an active duty Navy serviceman, the charge was potentially career ending in nature. After obtaining his release on his own recognizance (no requirement of posting a bond), our law firm immediately contacted the State Attorney’s Office to have the charges dismissed for lack of evidence. We also coordinated with the alleged victim, who had contacted our firm to see what steps needed to be taken to have the charges dropped.
Outcome: Case Dismissed.
Case: State vs. N.H. – Battery by Strangulation
Charge: Domestic Battery By Strangulation (Felony) (2013)
Judge: Hon. Charles Cofer
Description: Our Client was charged with Domestic Battery by Strangulation, a felony offense, after a physical altercation with her former domestic partner. In addition to strangulation, our client was accused of fracturing the alleged victim’s nose and causing facial contusions and a concussion. The alleged victim was hospitalized as a result of the injuries. Our law firm immediately contacted the Office of the State Attorney and successfully negotiated for a transfer to county court and a reduction to misdemeanor charges. We presented additional evidence of our client’s injuries, the alleged victim’s motives, and inconsistent statements made by the victim in subsequent civil proceedings. Our efforts forced the State to request a continuance on the day of trial and secured an offer that would not result in jail, probation, or a permanent criminal record.
Outcome: Felony charges dropped. Client pleads to one count of disorderly conduct (fighting), with a withhold of adjudication (no conviction), court costs, and one Anger Management course. No jail; no probation; no restitution; no batterer intervention program; Our client remains eligible to seal and expunge all records of her arrest.
Case: State vs. A.B. – Drinking in Public
Charge: Drinking Alcohol in Public (2013)
Judge: Hon. Charles Cofer
Description: As charged. The State Attorney’s Office initially refused Pretrial Intervention and filed formal charges against our client. We successfully negotiated for Pretrial Intervention after presenting a mitigation packet showing our client’s status as a medical resident and her history of good moral character.
Outcome: Case Dismissed.
Case: State vs. C.B. – Drinking in Public
Charge: Drinking Alcohol in Public (2013)
Judge: Hon. James A. Ruth
Description: As charged. After initial discussions with the prosecution, we obtained an agreement for dismissal through Pretrial Intervention (PTI).
Outcome: Case Dismissed.
Case: State vs. J.M. – Indecent Exposure
Charge: Exposure of Sexual Organs (2013)
Judge: Hon. Charles J. Tinlin (St. Johns County)
Description: Our client was charged with exposure of sexual organs (indecent exposure) after law enforcement officers discovered him sunbathing nude at a public beach. We filed a motion to dismiss on grounds that mere nudity was insufficient to sustain a conviction for exposure of sexual organs. Absent a disputed issue of material fact as to whether our client engaged in lewd or lascivious conduct that accompanied the alleged nudity, the State failed to establish a prima facie case of guilt. The prosecution acknowledged the issue, and offered a lenient form of Pretrial Intervention to dispose of the case with a dismissal.
Outcome: Case Dismissed.
Case: State vs. C.W. – Welfare Fraud
Charge: Welfare Fraud (Felony) (2013)
Judge: None Assigned
Description: Our client was accused of food stamp fraud after allegedly misrepresenting the employment status of her spouse and understating her total household income. She was investigated by the Department of Financial Services, Division of Public Assistance Fraud, and accused of receiving over $9,000.00 in undeserved benefits. Upon being retained on the case, our firm immediately contacted the financial crimes investigator, presented mitigating evidence, and negotiated for our client’s enrollment in a pretrial intervention program.
Outcome: All charges dropped upon completion of Pretrial Intervention.
Case: State vs. V.D. – HTO (Felony)
Charge: Driving with a Suspended License (HTO) (2013)
Judge: Hon. Brent D. Shore; Hon. James A. Ruth
Description: Our client was classified as a Habitual Traffic Offender (HTO) and had her license revoked for a period of five years after pleading to criminal and civil charges of driving with a suspended license. Upon being retained, we immediately moved to vacate the civil conviction and set aside her earlier plea in the criminal case. Both motions were granted. As a result, our client’s status as habitual traffic offender was lifted, and she regained her eligibility to obtain a valid driver’s license.
Outcome: Motions to Vacate Granted. HTO status lifted. Client restores her full driving privileges.
Case: State vs. A.S. – VOP
Charge: Violation of Probation (2013)
Judge: Hon. Michelle Kalil
Description: Our client was arrested on a violation of probation warrant after allegedly having violent contact with the victim in the original criminal case. The conduct alleged by the probation officer was both a criminal act (new law violation) and a violation of a civil injunction entered prior to being placed on probation. Upon the Client’s arrest, our law firm immediately contacted the Office of the State Attorney, presented mitigating evidence, and secured an agreement for reinstatement with no additional penalties.
Outcome: Reinstatement of Probation. No further penalties.
Case: State vs. M.C. – Drinking in Public
Charge: Drinking in Public / Public Consumption of Alcohol (2013)
Judge: Hon. Eleni Derke
Description: As charged. Due to our client not having a local address, the Office of the State Attorney initially refused to offer Pretrial Intervention. Our firm contacted the prosecutor on the case, and submitted a mitigation packet demonstrating our client’s impeccable credentials and some extenuating circumstances involved in the case. After continued negotiation, the State generously agreed to PTI with no requirement of community service. This allowed our client to resume his graduate studies and be immediately eligible for an expunction.
Outcome: Case Dismissed.
Case: State vs. M.M. – Disorderly Intox
Charge: Disorderly Intoxication (2013)
Judge: Hon. Angela M. Cox
Description: Our client was charged with disorderly intoxication after an evening of “bar hopping” in Jacksonville Beach. The incident involved our client allegedly stumbling on the sidewalk, crossing the road and appearing disoriented, and repeatedly cursing at police officers who attempted to confront her. Our law firm immediately contacted the prosecutor in the case, and negotiated for a dismissal on grounds that our client’s conduct was protected by the first amendment and did not pose an endangerment to public safety.
Outcome: Case Dismissed.
Case: State vs. T.S. – Resisting Arrest
Charge: Resisting Arrest Without Violence (2013)
Judge: Hon. Michelle Kalil
Description: Our client was charged with Resisting Arrest after police, in the course of an investigation into a missing middle school student, had to wrestle him to ground and force his hands behind his back. Although our client’s actions clearly constituted “resistance,” we filed a motion to dismiss on grounds that the arresting officer lacked the requisite probable cause or reasonable suspicion to detain our client. The officer’s sole basis for the detention was our client’s proximity to the school and the fact that he was engaged in a heated argument with the parents of the student. The prosecution dropped the charge the day before the hearing on the motion to dismiss.
Outcome: Case Dismissed.
Case: State vs. S.B. – Battery
Charge: Domestic Violence Battery (2013)
Judge: Hon. Charles Cofer
Description: Our Client was charged with Battery-Domestic Violence after he allegedly picked up his wife and threw her to the ground during a domestic dispute. After obtaining his release, our law firm immediately contacted the Office of the State Attorney and presented contrary evidence supporting a defense of property claim. We further coordinated with the alleged victim to request that the charges be dropped.
Outcome: Case Dismissed.
Case: State vs. A.V. – Felony Cannabis
Charge: Felony Possession of Cannabis (2013)
Judge: Hon. Suzanne Bass
Description: Our Client was arrested for Felony Possession of Cannabis upon being identified as a passenger in a vehicle that contained nearly two pounds of marijuana. Our law firm contacted the prosecutor in the case and announced our intention to seek a dismissal on grounds that the State had no evidence of our client’s knowledge or ability to exercise control over the marijuana. After reviewing the evidence, the State declined to pursue prosecution.
Outcome: Case Dismissed.
Case: State vs. B.B. – Theft
Charge: Petit Theft (2013)
Judge: Hon. Richard R. Townsend (Clay County)
Description: Our Client was charged with Petit Theft after allegedly stealing items of clothing from major retailer. We successfully negotiated for her admission into Pretrial Intervention (PTI), despite our client not having a local address, as required by State Attorney policy.
Outcome: Case Dismissed.
Case: State vs. B.E. – Felony Cannabis
Charge: Felony Possession of Cannabis (2013)
Judge: Hon. Mark Hulsey
Description: Our Client was charged with Felony Possession of Cannabis just months after he pled to misdemeanor possession charges. With grounds to challenge the legality of the vehicle search, our law firm negotiated for a dismissal of the felony charges and a transfer to county (misdemeanor) court.
Outcome: Felony Charges Reduced to Misdemeanor. Client pleads to simple possession with a withhold of adjudication. No conviction; no felony record; no adverse effect on his driving privileges.
Case: State vs. M.R. – Assault (Domestic)
Charge: Domestic Violence Assault (2013)
Judge: Hon. Timothy R. Collins (Clay County)
Description: Our Client was charged with Assault-Domestic Violence after allegedly kicking a dresser and issuing threats to his wife. The allegations were factually weak in that there was no overt act by the defendant, and no well founded fear of imminent harm or violence. After discussions with the prosecution, our attorneys obtained the State’s agreement to dismiss the charges.
Outcome: Case Dismissed.
Case: State vs. B.W. – Hit & Run
Charge: Leaving the Scene of an Accident (With Property Damage) (2013)
Judge: Hon. Ronald P. Higbee
Description: As charged. Despite State Attorney policy in the Fourth Judicial Circuit discouraging Pre-trial Intervention (PTI) for Leaving the Scene cases, our law firm negotiated for our client’s admission into the PTI program.
Outcome: Case Dismissed.
Case: State vs. A.C. – Theft
Charge: Petit Theft (2013)
Judge: Hon. Russell L. Healey
Description: As charged. The Office of State Attorney had initially declined to offer pretrial intervention and filed formal charges. Upon being retained in the case, our attorneys immediately contacted the prosecution and successfully negotiated for enrollment into the PTI program.
Outcome: Case Dismissed.
Case: State vs. D.B. – Indecent Exposure
Charge: Exposure of Sexual Organs (2013)
Judge: Hon. Russell Healey
Description: Our client was charged with exposure of sexual organs after witnesses at a local sports bar reported that he had urinated in a parking lot in view of other customers. Prior to retaining our law firm, he inadvisably entered a plea of no contest to the charge, not realizing that public urination was an insufficient basis to sustain a conviction for Exposure of Sexual Organs. Upon being retained in the case, our law firm immediately filed a Motion to Withdraw Plea, alleging multiple legal deficiencies in the proceedings, including violations of his Sixth Amendment right to counsel and the lack of an adequate factual basis. The Motion was granted, and the State was forced to drop the charges upon the filing of a Motion to Dismiss.
Outcome: Case Dismissed. Motion to Withdraw Plea and Vacate Judgment and Sentence granted.
Case: State vs. J.O. – Battery and Burglary
Charge: Burglary; Domestic Battery (2013)
Judge: No Judge Assigned (Pre-Filing Disposition)
Description: Our Client was accused by Jacksonville Sheriff’s Officers of burglary and domestic battery after an incident involving an alleged forced entry into his girlfriend’s home. The case was turned over to the State Attorney’s Office for a filing decision, and a detective had contacted our client to allege that an arrest warrant had been issued. Upon being retained, our firm immediately contacted the prosecutor handling the case. We argued that the incident could not legally constitute a burglary since there was no provable intent to commit a criminal offense inside the dwelling. With regard to the battery, we coordinated with the alleged victim and, due to extenuating circumstances involving a medical condition, pushed for the State not to pursue charges.
Outcome: All Charges Dropped.
Case: State vs. T.M. – Felony Battery
Charge: Felony Battery (Second or Subsequent Offense) (2013)
Judge: Hon. Tatiana Salvador
Description: Our client was charged with Felony Battery (Second or Subsequent Offense) after allegedly striking his ex girlfriend during a domestic dispute. At the time of the alleged offense, our client was on probation for a prior Domestic Battery. Upon being retained in the case, our attorneys immediately contacted a third party witness, who refuted the allegations made by the alleged victim. We obtained an affidavit from the witness, and presented his statements to prosecution before the filing of charges at arraignment. After extended discussions, the State agreed to drop the charges.
Outcome: Case Dismissed.
Case: State vs. T.M. – Probation Violation
Charge: Violation of Probation (Domestic Battery) (2013)
Judge: Hon. Mose Floyd
Description: While on probation for a prior Domestic Battery, our Client committed an alleged Felony Battery upon the same alleged victim involved in his previous case. This led to a violation of probation charge being filed on the basis of the new battery case and other technical grounds. After negotiating for the dismissal of the felony charge (see discussion above), we immediately contacted the misdemeanor prosecutor handling the probation case. We explained that the Felony had been dropped for lack of evidence, and that the alleged technical violations had no legal basis under the governing probation order. On these grounds, the prosecution agreed not to object to our request for reinstatement and dismissal.
Outcome: Case Dismissed. Client reinstated with no penalties.
Case: State vs. S.F. – Resisting Arrest
Charge: Resisting Arrest Without Violence (2013)
Judge: Hon. Richard R. Townsend (Clay County)
Description: Our client was charged with Resisting Without Violence after allegedly pulling her hands away during an arrest, and then allegedly struggling with officers who had attempted to place her into custody. The incident involved multiple officers and the use of a taser to subdue our client. With the help of a surveillance video obtained during discovery, our firm uncovered the use of excessive police force and a questionable arrest decision by investigating officers. We reviewed the video with the prosecution, and secured an agreement for a dismissal of the charges upon our Client’s completion of Pretrial Intervention.
Outcome: Case Dismissed.
Case: State vs. M.K. – Conspiracy to Traffic
Charge: Conspiracy to Traffic in Heroin (First Degree Felony) (2013)
Judge: Hon. Henry E. Davis
Description: Our client was charged with Conspiracy to Traffic in Controlled Substances (Heroin) for allegedly acting as a “look out” for a known drug dealer in Duval County. He was present at the scene of a proposed drug transaction arranged between the dealer and a confidential informant, contacted the dealer to let him know of the presence of police, and, after spotting police, allegedly got into the dealer’s car in order to meet the informant (the buyer) at an alternative location. Our client admitted that he was acting as a “look out,” that he received daily payment for his services, and that his employer was a “known drug dealer.” Upon being retained in the case, our law firm filed a Motion to Dismiss, arguing that the State had failed to establish a prima facie case of guilt for lack of evidence as to a prior agreement. Although the prosecution could show presence, knowledge, and possibly aiding and abetting, there was no evidence that our client’s conduct was actuated by a prior agreement to facilitate the sale, delivery, or possession of a specific quantity of heroin. The only provable agreement was for our client to receive a sum of money in exchange for notifying another person of the presence of law enforcement. After two months of contentious litigation, and multiple attempts by the State to traverse the motion and amend the charge, our Motion to Dismiss was granted.
Outcome: Case Dismissed.
Case: State vs. A.S. – Theft
Charge: Petit Theft (2014)
Judge: Hon. Michelle Kalil
Description: As charged. Our attorneys negotiated for our client’s admission into Pretrial Intervention (PTI), which resulted in a dismissal of the charges.
Outcome: Case Dismissed.
Case: State vs. A.A. – Theft
Charge: Petit Theft (2014)
Judge: Hon. Charles Cofer
Description: As charged. The prosecution initially declined to offer pretrial intervention to our client, who had no prior criminal history. After additional negotiations, the prosecutor agreed to PTI, imposing minimal community service requirements.
Outcome: Case Dismissed.
Case: State vs. G.H.G. – Unlicensed Contracting
Charge: Unlicensed Contracting (2013)
Judge: Hon. Charles Tinlin
Description: Our client, a registered brick paver based in St. Augustine, was accused of unlicensed contracting after investigators from the Department of Business and Professional Regulation (DBPR) found that he had posted signs that advertised for paving and “pool deck work.” The State of Florida alleged that “pool deck work” required a license and such advertising constituted “contracting” within the meaning of the licensing statute. After obtaining copies of the DBPR investigative report, we concluded that the State would not be able to prove the nature of the advertised “pool deck work,” and therefore could not establish that our client’s proposed activities required a license. We presented our position to the prosecution and, after extended negotiations, obtained the State’s agreement to dismiss the charges.
Outcome: Case Dismissed in exchange for our client agreeing to make a $100 donation to Habitat for Humanity (per PTI agreement).
Case: United States vs. O.B. – Theft & Fraud
Charge: Criminal Infringement of Copyright/Trademark; Importation/Trafficking in Counterfeit Goods (Federal Court) (2014)
Judge: Hon. Henry Lee Adams, Jr.
Description: Our client was charged in a four-count indictment with importation/trafficking of counterfeit goods after he imported a shipment of counterfeit sunglasses and jewelry from China. Based on the infringement amount alleged in the case, he scored an offense level 14, which meant 15 to 21 months of federal prison time. We obtained the prosecution’s agreement to dismiss three out of four counts, and to stipulate to a decrease in offense level based on acceptance of responsibility. At sentencing, the court found in our favor on the infringement amount, lowering the total from $50,000.00 to under $10,000. This resulted in a lower guidelines range and a sentence that did not involve jail, prison, or house arrest.
Outcome: Client avoids prison. 3 years probation with a $3,000 fine.
Case: State vs. T.W. – Employee Theft
Charge: Employee Theft: $300-$5000 (Felony) (2014)
Judge: Hon. James Daniel
Description: Our Client was charged with Employee Theft, after allegedly stealing lottery tickets and taking money from the cash register of his employer, a local convenience store. The total loss to the business was approximately $2,000.00. Upon being retained in the case, our law firm immediately contacted the Office of the State Attorney to request pretrial intervention as a resolution to the case. As part of the negotiations, we prepared a mitigation package demonstrating our client’s history of mental illness and extreme financial hardship, and then contacted the alleged victim to obtain their support for the proposed disposition.
Outcome: Case Dismissed.
Case: State vs. H.R. – Burglary
Charge: Burglary of a Dwelling (Second Degree Felony) (2014)
Judge: Hon. Suzanne Bass
Description: Our Client was charged with Burglary of a Dwelling after allegedly acting as a “look out” for an acquaintance who had entered a residence to steal belongings. Our Client was seen repeatedly walking in front of the house during the burglary, and allegedly pulled up on the door handle of a nearby vehicle. Despite the suspicious circumstances, the State had only weak circumstantial evidence that our Client knew of his friend’s activities, or intended to aid or encourage those activities. On these grounds, our attorneys successfully negotiated for a dismissal of the charges.
Outcome: Case Dismissed. All charges dropped.
Case: State vs. A.B. – Capias / Warrant
Charge: Driving with Suspended License With Knowledge; Outstanding Capias (2014)
Judge: Hon. Eleni Derke
Description: Our Client was issued a citation for driving with a suspended license, and then failed to schedule a court date within the allotted timeframe. A capias was issued for her arrest and remained outstanding for over two years. Our firm succeeded in having the capias recalled, and helping our Client obtain her driver’s license and a reduction of the charge.
Outcome: Capias Recalled. Charge Amended to No Valid Driver’s License. Client avoids being classified as a Habitual Traffic Offender.
Case: State vs. N.S. – Domestic Battery
Charge: Battery- Domestic Violence (2014)
Judge: Hon. Charles J. Tinlin (St. Johns County)
Description: Our Client was charged with Battery- Domestic Violence after he allegedly grabbed his adult son by the wrists and neck during an alcohol-related altercation. As an aggravating circumstance, our Client had been convicted of two DUI’s in the previous four months. He initially retained the public defender, who, in several months of litigation, was unable to convince the prosecution to reduce the charge below battery. Upon being retained in the case, our firm immediately secured an offer that called for a reduction of the charge and probationary penalties limited to a single Anger Management course.
Outcome: Charge Reduced to Disorderly Conduct.
Case: State vs. D.G. – Injunction Violation
Charge: Violation of Injunction for Protection Against Domestic Violence (2014)
Judge: Hon. Dawn Hudson
Description: Our Client was charged with violating a domestic violence injunction after getting into a vehicle driven by the mother of his child. The incident began when the mother arrived unannounced at the home a mutual female friend, whom our client was visiting with his two year-old son. Upon seeing our client at the residence of another woman, the mother became hysterical, stormed into the house, took the child to her car, and attempted to drive off with the child on her lap. Concerned for the safety of his son, our client approached the car, briefly entered the vehicle, and attempted to secure the child’s return. The mother then called police, who arrested our client for making “contact” with the alleged victim. Upon being retained in the case, our law firm presented the prosecution with witness affidavits and other key facts supporting a necessity defense.
Outcome: Case Dismissed.
Case: State vs. S.F. – DUI/Cannabis
Charge: Violation of Probation (DUI); Possession of Cannabis (2014)
Judge: Hon. Pauline Drake
Description: While on DUI probation, our Client was charged with Possession of Under 20 Grams of Cannabis, an offense that threatened her driving privileges and would result in an automatic violation of probation. As an aggravating factor in the case, the prior DUI derived from cannabis use while driving. The two cannabis-related offenses occurred within a period of months, and a warrant had been issued for our client’s arrest. After initial negotiations with the State and the filing of a motion with the court, our firm secured a recall of the warrant, a reinstatement of probation (with no additional terms), and a withhold of adjudication in the new cannabis case.
Outcome: Warrant Recalled. Withhold of Adjudication. Probation reinstated. No jail. No Further penalties. Client avoids a two-year driver’s license revocation.
Case: State vs. M.B. – Disorderly Conduct
Charge: Breach of Peace / Disorderly Conduct (2014)
Judge: Hon. Gary P. Flower
Description: Our Client was charged with Breach of Peace / Disorderly Conduct after urinating on a car in full view of a police officer. This was the second disorderly conduct charge deriving from our client urinating in public. Upon being retained in the case, our attorneys negotiated for dismissal upon completion of Pretrial Intervention (PTI).
Outcome: Case Dismissed.
Case: State vs. J.G. – Public Consumption
Charge: Drinking in Public / Public Consumption of Open Container (2014)
Judge: Hon. Eleni Derke
Description: As charged. Our client had pled no contest to a misdemeanor charge ten years earlier. Our firm secured his acceptance into Pretrial Intervention (PTI) after filing a Motion to Suppress, which challenged the legality of the investigatory stop.
Outcome: Case Dismissed.
Case: State vs. D.C. – Cocaine Possession
Charge: Possession of Cocaine (Felony) (2014)
Judge: Hon. Don. H. Lester (Clay County)
Description: As charged. Our firm presented extensive mitigation showing various personal hardships experienced by our client prior to the offense, as well as work history, education degrees, awards, and community service records. This resulted in the State making an offer of Pretrial Intervention (PTI).
Outcome: Case Dismissed.
Case: State vs. H.R. – Felony Animal Cruelty
Charge: Cruelty to Animals (Felony) (2014)
Judge: Hon. J. Michael Traynor (St. Johns County)
Description: Our client was charged with Felony Cruelty to Animals, a third degree felony, after allegedly capturing an armadillo, placing it into a cage, and setting the animal on fire. The State claimed that our client had acted in conjunction with three juveniles, who had each confessed to encouraging our client to commit the act. In reality, our client (who suffered from severe Tourette’s Syndrome) had no involvement in the incident, and the juveniles had made the accusations in order to shift blame and avoid prosecution. After months of litigation, one of the juveniles recanted in a deposition, and we discovered Facebook messages implicating the others in a conspiracy. We also established an alibi, and elicited favorable testimony from State witnesses that further exonerated our client.
Outcome: Case Dismissed prior to trial.
Case: State vs. A.A. – Unassigned Plate
Charge: Attaching Unassigned License Plate (2014)
Judge: Hon. Charles Cofer
Description: Our client was charged with attaching an unassigned license plate to a vehicle titled in a third party’s name. She was merely borrowing the car, and did not attach the tag nor have any knowledge that it was not assigned to the vehicle. Our firm filed a Motion to Dismiss on grounds that there was no prima facie case of guilt with regard to the attachment or knowledge elements of the offense.
Outcome: Case Dismissed.
Case: State vs. A.C. – Theft
Charge: Petit Theft (2014)
Judge: Hon. Brent D. Shore
Description: As charged. Our attorneys negotiated a diversionary disposition, whereby the case would be dismissed in exchange for our client’s completion of Pretrial Intervention (PTI).
Outcome: Case Dismissed.
Case: State vs. M.C. – Drinking in Public
Charge: Drinking in Public (2014)
Judge: Hon. Dawn Hudson
Description: Our client was charged with drinking in public / public consumption of alcohol after police observed him holding a beverage concealed in an opaque cup. Prior to arraignment, we filed a Motion to Suppress Evidence on grounds that the investigating officer lacked probable cause or reasonable suspicion to detain our client, and the evidence of alcohol was only obtained as the fruit of an unlawful seizure. The prosecution offered Pretrial Intervention to resolve the case.
Outcome: Case Dismissed.
Case: State vs. H.E. – Hit and Run
Charge: Leaving the Scene / Hit and Run (2014)
Judge: Hon. Dawn Hudson
Description: Our client was charged with Leaving the Scene of an Accident (hit and run) after sideswiping a vehicle and then driving off on I-295. He and his wife were Syrian refugees who had left the scene out confusion and fear. To preserve our client’s chances of obtaining permanent refugee status in the United States, we contacted the prosecutor and negotiated for our client to be enrolled in Pretrial Intervention (PTI) upon payment of restitution to the alleged victim. The State agreed on humanitarian grounds to depart from their general policy of not offering PTI in Hit and Run cases.
Outcome: Case Dismissed.
Case: State vs. J.S. – Domestic Battery
Charge: Battery (Domestic Violence) (2014)
Judge: Hon. Charles J. Tinlin (St. Johns County)
Description: Our client was charged with battery (domestic violence) after he allegedly grabbed his girlfriend by the neck, causing scratches and causing her to fall down. Our firm was retained just 24 hours before the arraignment date, where the State was prepared to file formal charges. We immediately contacted the prosecutor, presented our theory of the case, and secured an offer of pretrial intervention (deferred prosecution).
Outcome: Case Dismissed.
Case: State vs. H.D. – Theft
Charge: Petit Theft (2014)
Judge: Hon. Richard R. Townsend (Clay County)
Description: As charged. Our attorneys negotiated for a dismissal of the charge in exchange for completion of Pretrial Intervention (PTI).
Outcome: Case Dismissed.
Case: State vs. B.B. – Cannabis
Charge: Possession of Cannabis; Possession of Paraphernalia (2014)
Judge: Hon. Timothy R. Collins (Clay County)
Description: As charged. Our firm obtained an offer of Pretrial Intervention, which resulted in a complete dismissal of the charges.
Outcome: Case Dismissed.
Case: State vs. M.K. – Domestic Battery
Charge: Battery (Domestic Violence) (2014)
Judge: Hon. Richard R. Townsend (Clay County)
Description: Our client was charged with battery domestic violence after forcibly escorting his wife from the home during a heated argument, where the wife had attempted to destroy property within the home. Our client had a previous battery conviction, and the prior offense was originally charged as a felony (sexual battery). On these facts we presented a compelling defense of property claim, and coordinated with the wife to request that the charges be dropped. After three months of negotiation and the State defying the wishes of the alleged victim, the prosecution agreed to a diversionary resolution to the case.
Outcome: Case Dismissed.
Case: State vs. N.L. – Petit Theft
Charge: Petit Theft (M2) (2014)
Judge: Hon. Timothy R. Collins (Clay County)
Description: As charged. Our firm obtained an offer of Pretrial Intervention, which resulted in a complete dismissal of the charges.
Outcome: Case Dismissed.
Case: State vs. C.C. – DUI (Felony)
Charge: DUI with Serious Bodily Injury (Felony) (2014)
Judge: Hon. Russell Healey
Description: As charged. Due to the nature of the injuries to the alleged victim, our client was facing a minimum mandatory prison sentence of just over four years. Our firm presented multiple factual and legal defenses to obtain to reduction to misdemeanor and avoid any jail or prison.
Outcome: Felony Charge Dropped and Reduced to Misdemeanor. Client sentenced to a term of probation and avoids potentially years in prison.
Case: State vs. E.G. – Hit and Run
Charge: Leaving the Scene of an Accident (2014)
Judge: Hon. Emmett F. Ferguson
Description: Our client was charged with the Leaving the Scene of an Accident (Hit and Run) after accidently backing into another occupied vehicle that was illegally parked. Our client, who was leaving a restaurant in minivan with his wife, three children, mother, and father, initially exited his vehicle to exchange information. The other motorist, however, was belligerent, demanded payment on the spot, and, when he was refused payment, told our client to “just leave.” Given the circumstances and the minor nature of the damage (a single scratch), our client drove home with no intention of fleeing the scene. The other driver then vindictively called 911 and reported our client to law enforcement. Upon being retained in the case, our firm immediately contacted the Office of the State Attorney, presented multiple witness affidavits, and offered to have our client’s insurer pay for the minor damage.
Outcome: Case Dismissed. No charges filed.
Case: State vs. J.R. – Theft
Charge: Petit Theft (2014)
Judge: Hon. Emmett F. Ferguson
Description: As charged.
Outcome: Case dismissed upon completion of Pretrial Intervention.
Case: State vs. R.T. – Stolen Property
Charge: Dealing in Stolen Property (Felony) (2014)
Judge: Hon. Don H. Lester
Description: Our client was charged with Dealing in Stolen Property, a second degree felony, after purchasing jewelry that was stolen in a previous burglary. He owned a second-hand goods store, and the evidence suggested that he regularly bought items from sellers without requiring identification or properly documenting the transactions. In the transaction at issue, the seller claimed that he knew our client, and, when the investigation commenced, our client repeatedly lied to police, attempted to sell the items on Craigslist under an anonymous, non-business listing, and attempted to conceal the fact that a sale had occurred. Prior to retaining Hussein & Webber, our client had hired a criminal defense firm in Clay County to handle the case. When these attorneys were unable to get the charge dropped or lowered, our law firm was retained. After expanding the litigation and setting the case for trial, the prosecution relented, offering our client a misdemeanor plea (failure to keep proper second-hand dealer records) that avoided prison and a felony conviction.
Outcome: Felony Charges Dismissed. No jail; No prison; No felony conviction.
Case: W.S. vs. S.A. – Domestic Injunction
Charge/Issue: Motion to Vacate Domestic Violence Injunction (2014)
Judge: Hon. Elizabeth Senterfitt
Description: Our client was the subject of a domestic violence injunction obtained by her former boyfriend in 2013. The boyfriend was himself abusive, and improperly used the injunction as a means to torment and threaten our client. He contacted her by telephone, e-mail, and text messages multiple times per day, left sexually explicit voicemails on her cell phone, followed her around the city, and would show up unannounced at stores and other locations frequented by our client in order to force her to leave. When the boyfriend staged these encounters, he would then threaten to report our client to police and to the court. Upon being retained in the case, our attorneys gathered phone records, voicemail messages, police reports, and other documentation to demonstrate a pattern of harassment and stalking. These materials were used to file a Motion to Vacate and Set Aside Final Judgment of Injunction, which alleged an abuse of process and a change of circumstances justifying the lifting of the court’s previous “no contact” order.
Outcome: Motion to Vacate granted. Injunction lifted.
Case: State vs. C.T. – Felony HTO
Charge: Driving with Suspended License as HTO (Felony); Possession of Cannabis (2014)
Judge: Hon. Eleni E. Derke
Description: Our client was charged with Driving with a Suspended License after being pulled over as a Habitual Traffic Offender (HTO). His driving record was extensive, with multiple felony convictions for suspended license charges. He served 60 days on his previous driving offense, where he was represented by the public defender. Upon being retained in the new case, our firm convinced the Office of the State Attorney to charge the offense as a misdemeanor. We then negotiated at arraignment for a non-jail resolution to the case.
Outcome: Felony Charges Dropped. Client pleads to credit for time served (misdemeanor). No jail. No probation.
Case: State vs. A.C. – Battery on LEO
Charge: Battery on Law Enforcement / Firefighter / Medical Personnel (Felony) (2014)
Judge: Hon. James Daniel
Description: Our client was charged with two counts of battery on a firefighter and an emergency medical technician (EMT) after intervening in an emergency situation involving her critically ill daughter. The daughter had suffered a brain aneurysm one year prior to the incident, and the swelling of her brain required that two pieces of her skull be removed. On the day of the incident, an in-home nurse called an ambulance when the daughter began vomiting during therapy. Upon arrival of emergency services, the EMT’s at the scene moved the daughter into the ambulance without a physician-prescribed helmet being used to protect the brain tissue. Fearing for her daughter’s life, our Client intervened by entering the ambulance, demanding that the daughter be placed back in the home, and punching the EMT in the head three times. She also punched a firefighter, assaulted another EMT with a bag of bodily fluids, and had to be wrestled to the ground by police. Upon being retained in the case, our firm presented the prosecution with extensive medical documentation showing the severity of the daughter’s condition and the negligence of the EMT’s in attempting to move the daughter without a helmet. These facts provided a potential necessity defense, which we presented during negotiations.
Outcome: All Felony Charges Dropped. Client avoids prison, and pleads to two misdemeanor charges (simple battery and resisting without violence).
Case: State vs. M.M. – Aggravated Assault
Charge: Aggravated Assault with a Deadly Weapon (2014)
Judge: Hon. Mark W. Moseley (Baker County)
Description: Our client was charged with Aggravated Assault with a Deadly Weapon after pulling a gun on his step-son during a physical altercation between the step-son and his biological mother. Our Client awoke in the middle of the night to loud screaming from the living room. Frightened and concerned for the welfare of his family, he retrieved a handgun from his bedroom and, upon entering the living room, observed his step-son push the mother while cursing. The step-son then turned to our client, approached in a threatening manner, and dared our client to fire the weapon. Our client then pointed the gun at his potential attacker and walked back into the bedroom, where he called 911. He was then arrested and charged with Aggravated Assault, an offense that carried a minimum mandatory penalty of 3 years prison. Upon being retained in the case, our attorneys immediately gathered affidavits from family members, and presented these to the Office of the State Attorney to explain the incident. We then contacted the prosecutor in the case, and notified him of our intent to claim immunity under Florida’s “Stand Your Ground” law.
Outcome: Case Dismissed. All charges dropped.
Case: State vs. T.K. – HTO
Charge/Case: Habitual Traffic Offender (2014)
Judge: Hon. Charles Cofer
Description: Our Client’s driving privileges were revoked for a period of five years after being classified by the Florida Department of Highway Safety and Motor Vehicles as a Habitual Traffic Offender (HTO). His HTO designation derived from three suspended license convictions within a five-year period. Our law firm filed Motions to Vacate two of his civil convictions. Both Motions were granted, resulting in his HTO status being lifted.
Outcome: Motion to Vacate granted. Driving privileges fully restored.
Case: State vs. T.F. – DL Restriction
Charge: Violation of a Driver’s License Restriction (2014)
Judge: Hon. Timothy Collins (Clay County)
Description: Our Client was charged with violating a driver’s license restriction (business purpose only license) after allegedly joyriding with his wife and daughter at around 8:30 in the evening. Our client repaired and flipped cars a living, and was actually test driving a vehicle that he had fixed earlier in the day. The prosecutor refused to accept this explanation, and insisted on a plea to the charge, which would have resulted in our Client losing his driving privileges for several years (due to a previous Habitual Traffic Offender revocation). Upon being retained in the case, our firm gathered witnesses and evidence, and immediately set the case for trial. The State Attorney’s Office dropped the case one day before trial was to commence.
Outcome: Case Dismissed.
Case: State vs. A.M.C. – No Valid DL
Charge: No Valid Driver’s License (2014)
Judge: Hon. Charles Cofer
Description: As charged. Our attorneys filed a Motion to Suppress Evidence, challenging the legality of the initial traffic stop, as well as the subsequent detention to check our Client’s license status. The Motion argued that our client had been unlawfully profiled based on her Mexican nationality.
Outcome: Case Dismissed.
Case: State vs. N.H. – Domestic Battery
Charge: Battery (Domestic Violence) (2014)
Judge: Hon. Ronald P. Higbee
Description: Our client was charged with battery domestic violence after allegedly pushing her domestic partner and then slamming her partner’s hand in a laptop. The case was our Client’s second battery charge. After identifying evidentiary weaknesses in the case and coordinating with the alleged victim, we convinced the Office of the State Attorney to drop all charges.
Outcome: Case Dismissed.
Case: State vs. D.A. – Trespass
Charge: Trespass (2014)
Judge: Hon. Charles Cofer
Description: Our Client was charged with trespass after allegedly refusing to leave a local strip club when asked. The incident arose when our client’s friend requested a lap dance at the club, and was subsequently unable to pay for the service. When management called police, the friend contacted our client, and asked that our client come to the strip club for purposes of paying the tab. When our client arrived, he was instructed by police to “pay the tab, and then leave.” Although he agreed to pay the tab, he demanded a receipt before payment was made. The arresting officer then repeated her instruction to “pay and then leave.” This instruction was given a total of three times. Our client then told the officer to “f*** off,” at which point he was placed under arrest and charged with trespass. Upon being retained in the case, our firm conducted depositions of the officer in preparation for a Motion to Dismiss. The Motion argued that the strip club had extended an implied invitation to remain on the premises until such time as payment of the tab had been made. Since it was undisputed that no payment had been made prior to our Client’s arrest, the invitation was still in effect and the crime of trespass could not have occurred. After four months of litigation, our Motion to Dismiss was granted.
Outcome: Case Dismissed.
Case: State vs. S.C. – Firearm
Charge: Improper Exhibition of a Firearm (2014)
Judge: Hon. Eleni Derke
Description: Our client was charged with Improper Exhibition of a Firearm after allegedly wielding a shotgun in front of his house in a threatening manner. Three witnesses gave different accounts of the events, and our client steadfastly denied the allegations to police. Based on these factors, we obtained an agreement from the Office of the State Attorney to dismiss all charges at arraignment.
Outcome: Case Dismissed.
Case: State vs. C.L. – Probation Violation
Charge: Violation of Probation (2014)
Judge: Hon. Adrian G. Soud
Description: Our client was charged with Violation of Felony Probation after allegedly failing to complete psycho-sexual counseling required by his sentence. A no-bond warrant was issued for our Client’s arrest. Upon being retained in the case, we gathered documentation showing substantial compliance, and obtained the assistance of the probation officer in having the warrant recalled and the VOP dismissed.
Outcome: Case Dismissed. VOP warrant recalled.
Case: State vs. Z.K. – Marijuana (Felony)
Charge: Possession of Over 20 Grams of Cannabis (2014)
Judge: Hon. Michael Traynor
Description: Our client was charged with felony possession of cannabis after consenting to a search of his backpack. The revealed over 80 grams of marijuana, which was individually packaged for apparent sale. Based on our Client’s minimal criminal record, his cooperation with police, and other mitigating factors, our attorney’s negotiated for his acceptance into pretrial intervention (deferred prosecution).
Outcome: Case dismissed upon completion of Pretrial Intervention.
Case: State vs. M.A. – Petit Theft
Charge: Petit Theft (2014)
Judge: Hon. Michelle Kalil
Description: As charged. Our attorneys negotiated for Pretrial Intervention (PTI), which resulted in a complete dismissal of all charges.
Outcome: Case Dismissed.
Case: State vs. A.N. – Petit Theft
Charge: Petit Theft (2014)
Judge: Hon. Michelle Kalil
Description: As charged. Our attorneys negotiated for Pretrial Intervention (PTI), which resulted in a complete dismissal of all charges.
Outcome: Case Dismissed.
Case: State vs. P.T. – HTO (Felony)
Charge: Driving With Suspended License as a Habitual Traffic Offender (Felony) (2014)
Judge: Hon. Russell L. Healey
Description: Our client was charged with Driving with a Suspended License as a Habitual Traffic Offender (HTO) after accumulating three civil convictions for driving with a suspended license (without knowledge). Upon being retained in the case, our firm immediately negotiated for a transfer of the case down to county court, so as to avoid a felony conviction. We then vacated two of our client’s civil convictions, resulting in a reinstatement of her driving privileges.
Outcome: Felony Charge Dropped. Civil convictions vacated. HTO status lifted. Driving privileges restored.
Case: State vs. T.S. – Motion to Vacate
Charge: Possession of Cannabis (2007)
Judge: Hon. John A. Moran
Description: Since pleading to a cannabis charge in 2007 and being convicted of the offense, our Client had experienced extreme hardship in obtaining job promotions and other employment-related opportunities. He had previously attempted to seal his record, but was denied due to the fact that he had been adjudicated guilty of the offense. Despite having only weak legal grounds for doing so, our attorneys filed a Motion to Vacate the conviction with the County Court that presided over the original case. The Court agreed to consider the matter on the condition that the prosecutor consented to vacating the conviction. After extended negotiations, the Office of the State Attorney generously agreed not to oppose the Motion, and thereby restored our client’s eligibility to seal his record and move beyond the mistakes of the past.
Outcome: Motion to Vacate Granted. Conviction Vacated.
Case: State vs. V.B. – Probation Violation
Charge: Violation of Probation (2014)
Judge: Hon. Scott Mitchell
Description: Our client was charged with Violation of Probation (DUI) after being issued a criminal citation for Driving with a Suspended License while on a DUI revocation. Upon being retained in the case, our firm presented mitigating evidence to the court showing that our client mistakenly believed that the 180 DUI revocation period had expired. Our client was caught driving 177 days into the 180 revocation period.
Outcome: Probation Terminated Without Penalty.
Case: State vs. K.H. – Probation Violation
Charge: Violation of Probation (2014)
Judge: Hon. Ronald P. Higbee
Description: Our client was charged with Violation of Probation (DUI) after allegedly failing to complete the requirements of her DUI sentence. A no-bond warrant was issued for her arrest. Upon being retained in the case, our firm obtained a recall of the warrant that was issued, and advised our Client to complete as many requirements of her probation as possible prior to the scheduled arraignment date. With most of the major conditions completed, we were able to establish substantial compliance with her sentence.
Outcome: Warrant Recalled and Probation Terminated Without Penalty.
Case: State vs. P.W. – Street Racing
Charge: Racing on Highways (2014)
Judge: Hon. James A. Ruth
Description: As charged.
Outcome: Racing Charge Reduced to Reckless Driving. No conviction. No probation. No points on license. Our client avoids a minimum mandatory one-year driver’s license revocation.
Case: State vs. M.F. – Domestic Battery
Charge: Battery (Domestic Violence) (2014)
Judge: Hon. Lester B. Bass
Description: Our client was charged with Domestic Violence Battery after allegedly slapping his wife in the face while driving in their family car. He faced twelve months probation, a mandatory six-month Batterer’s Intervention Program, and permanent criminal record if convicted of the offense. Upon being retained in the case, we immediately served the prosecution with a defense discovery exhibit, which included photographs of an injury inflicted on our client as well as damage to the vehicle caused by the wife, whose aggressive actions had forced our client to push her away in self-defense. We also coordinated with the wife to modify the no contact order and to request that the charges be dropped. As the Speedy Trial period on the case grew closer, the State reconsidered its charging decision and dropped the case.
Outcome: Case Dismissed.
Case: State vs. R.H. – HTO (Felony)
Charge: Driving with Suspended License as Habitual Traffic Offender (Felony) (2014)
Judge: Hon. Marianne Aho
Description: Our client was charged with Driving with a License Suspended as a Habitual Traffic Offender after committing three prior suspended license offenses, two of which were classified as civil infractions. Upon being retained in the case, we immediately negotiated for a transfer of the case to misdemeanor court, and proceeded to file two motions to vacate our client’s prior civil traffic convictions. Both civil convictions were vacated and our client was able to lift his HTO status and obtain a valid driver’s license. With a valid license in hand, the Office of the State Attorney agreed to amend the newly transferred misdemeanor case to ‘No Valid Driver’s License,’ which did not count towards further habitualization.
Outcome: Felony Charge Dropped to Misdemeanor. HTO status lifted. Driving Privileges fully restored. Our client pleads to one count of ‘No Valid Driver’s License,’ with a withhold of adjudication (no conviction).
Case: State vs. D.V.S. – Domestic Battery
Charge: Battery- Domestic Violence; Petit Theft (2014)
Judge: Hon. Michelle Kalil
Description: Our client was charged with Battery Domestic Violence and Petit Theft after snatching a cell phone from the hand of his ex-wife, and then fleeing with the phone into his home. The incident occurred during an exchange of the children pursuant to a parental time-sharing arrangement. When the ex-wife arrived at our client’s home, she proceeded to film our client with her cell phone while siting in her car. When our client approached the ex-wife’s vehicle to say goodbye to the children (who had just entered the vehicle), the wife held the phone 6 inches from our client’s face. He then snatched the phone and pulled downward, causing the ex-wife’s arm to slam against the side of the door frame. The entire event was captured on video, and photographs showed noticeable bruising on the ex-wife’s forearm. At trial, our attorneys presented a theory of self-defense, arguing that the placement of the phone within our client’s personal space caused a reasonable fear that the ex-wife would make unlawful imminent contact. We further argued that the wife had sought to provoke the entire incident (the reason for her filming), and thus the alleged touching was not “against her will.” After nearly 90 minutes of deliberation, the jury returned a verdict of ‘Not Guilty’ on both counts.
Outcome: Not Guilty on all counts.
Case: State vs. F.E. – Unassigned Tag
Charge: Attaching Plate or Tag Not Assigned (2014)
Judge: Hon. Lester B. Bass
Description: As charged. Our firm obtained a dismissal on grounds that the prosecution was unable to prove attachment or knowledge of the incorrect plate, required elements for Attaching an Unassigned Plate or Tag.
Outcome: Case Dismissed.
Case: State vs. L.C.G. – DUI Probation
Charge: Violation of Probation (DUI) (2015)
Judge: Hon. Roberto Arias
Description: Our client was charged with a violation of probation after failing to perform any conditions of his DUI probation sentence. Upon being retained in the case. Our attorneys advised for our client to complete as many conditions as possible during the pendency of the proceedings. We then set a court date, and obtained a termination of probation with no further conditions or penalties.
Outcome: Probation Terminated Without Further Penalty.
Case: State vs. M.K. – Felony Theft
Charge: Felony Petit Theft (Fourth Offense) (2015)
Judge: Hon. Mark Borello
Description: Our client was charged with felony petit theft after accumulating three previous convictions. Although he had a previous petit theft reduced from felony, our attorneys negotiated for an additional transfer to county court (TCC). With the reduction to misdemeanor charges, we then negotiated for a time served offer (12 days) that avoided substantial jail time. On his previous theft offense (two months prior), where he was represented by the public defender, our client served 60 days jail.
Outcome: Felony Charges Dropped to Misdemeanor. Time served. No additional penalties.
Case: State vs. I.V. – Felony Cannabis
Charge: Possession of Over 20 Grams of Cannabis (Felony) (2015)
Judge: Hon. Mark Borello
Description: As charged. Our firm submitted substantial mitigation showing various drug abuse issues and previous academic accomplishments.
Outcome: Case Dismissed Upon Completion of Pretrial Intervention.
Case: State vs. R.R. – Felony Possession
Charge: Possession of a Controlled Substance (2015)
Judge: Hon. Marianne Aho
Description: As charged.
Outcome: Case Dismissed Upon Successful Completion of Pretrial Intervention.
Case: State vs. H.P. – Felony HTO
Charge: Driving with a Suspended License as a Habitual Traffic Offender (Felony) (2015)
Judge: Hon. Mark Borello
Description: As charged. Our client had multiple felony suspended license convictions from the previous ten years, which resulted in the State Attorney’s Office making an initial offer of 9 months Duval County jail. Upon being retained in the case, our attorneys advised our client to enter an open plea to the court, and gathered documentation showing substantial hardships suffered as a result of a life-threatening medical condition. At sentencing, our client received probation, with community service and a condition that he cease driving without a valid license.
Outcome: Probationary Disposition. 9 month jail sentence averted.
Case: State vs. T.L. – Domestic Battery
Charge: Battery- Domestic Violence (2015)
Judge: Hon. Wesley Poole (Nassau County)
Description: Our client, a local business owner, was charged with Battery- Domestic Violence after an altercation with his niece, who had been at his residence for several months. The incident involved an allegation that our client had struck his niece, and slammed her into a wall during a dispute about his alleged drinking. Upon being retained in the case, our firm immediately contacted the alleged victim, obtained her support in having the charges dropped, and filed a motion to modify the “no contact” order entered in the case. At hearing, the niece testified that our client merely moved her to side because she was blocking his entry through the front door of the home. This established a strong Defense of Property claim, and led to the State Attorney’s decision to drop all charges.
Outcome: Case Dismissed.
Case: State vs. R.H. – Cannabis
Charge: Possession of Under 20 Grams of Cannabis (2015)
Judge: Hon. James A. Ruth
Description: As charged. Despite an allegation that our client had flushed a larger quantity of marijuana down the toilet during a search of his dorm room, our attorneys negotiated for a dismissal upon completion of Pretrial Intervention (PTI).
Outcome: Case Dismissed.
Case: State vs. M.T.D. – Petit Theft
Charge: Petit Theft (2015)
Judge: Hon. James A. Ruth
Description: As charged. Our attorneys negotiated for a dismissal of the charge in exchange for completion of Pretrial Intervention (PTI).
Outcome: Case Dismissed.
Case: State vs. B.M. – Unassigned Plate
Charge: Attaching Tag or Plate Not Assigned (2015)
Judge: Hon. Emmett F. Ferguson, III
Description: As charged. Our attorneys negotiated for a dismissal after demonstrating the State’s inability to prove knowledge or attachment by the accused.
Outcome: Case Dismissed.
Case: State vs. L.N.P. – Grand Theft / VOP
Charge: Grand Theft / Violation of Probation (2015)
Judge: Hon. Mark Hulsey
Description: Our client was charged with Grand Theft and Resisting Recovery of Merchandise after allegedly stealing items from a local Target store, and then physically resisting the efforts of Loss Prevention Officers to apprehend her. The perpetrator of the offense escaped the scene, but store personnel identified the license plate of the vehicle in which the suspect fled. The vehicle was registered to our client, and Loss Prevention officers positively identified our client in a photo spread that was later shown to them by police. Our client denied committing the offense, and insisted that the perpetrator was her mother, who had a close physical resemblance to our client. To make matters worse, our client was on felony probation for theft offenses at the time of the alleged incident. A warrant was issued for her arrest, and the State Attorney’s Office demanded 10 months in jail. Upon being retained in the case, our firm obtained a recall of the VOP warrant, and gave notice to the Court and State of our intention to raise a mistaken identification defense. We gathered video surveillance footage from the Target, issued a subpoena to our client’s uncooperative mother, and gathered multiple witnesses who could positively identify the perpetrator shown in the video footage. At her violation of probation hearing, our Client was found not guilty. The newest theft charges were later dropped as a result.
Outcome: Not Guilty of Violation of Probation. Grand Theft Charges Dismissed.
Case: State vs. O.P. – Resisting Arrest
Charge: Resisting Arrest / Officer Without Violence (2015)
Judge: Hon. James J. Dekleva (Seminole County)
Description: Our client was charged with Resisting Arrest / Officer Without Violence after disobeying an officer’s directive to exit his vehicle during an investigative stop. The incident arose when our client was seen inside of his van parked in a Lowe’s parking lot at 3:30 in the morning. The Officer approached our client’s vehicle, demanded that our client produce identification and then, due to alleged “furtive” movements, ordered our client to exit the vehicle. Our client refused, attempted to lock the driver-side door, and was then dragged forcibly from his car for purposes of arrest. The incident involved the officer punching and kneeing our client, and slamming him to the ground, causing injuries. Police officers justified their actions on grounds that our client was “loitering and prowling” and on grounds of officer safety. Upon being retained in the case, our attorneys filed a Motion to Dismiss, arguing that the required elements of loitering and prowling were not present prior to the incident, and that the arresting officer lacked probable cause or reasonable suspicion of criminal wrongdoing. With regard to officer safety, we presented multiple Florida appellate cases establishing that mere “furtive” movements were insufficient to order a motorist to exit his or her vehicle. At hearing, our Motion to Dismiss was granted.
Outcome: Case Dismissed.
Case: State vs. D.D. – Battery / Resisting
Charge: Domestic Battery; Domestic Assault; Resisting Officer Without Violence (2015)
Judge: Hon. Charles Cofer
Description: Our Client was charged with Domestic Battery, Simple Assault (Domestic), and Resisting without Violence after an inter-spousal dispute occurred at his residence. Police were called, and the wife wavered on previous allegations made during a 911 call. The wife nonetheless gave permission for officers to enter our client’s home without our client personally consenting. Upon seeing officers in the home, our client ordered them to leave and refused to place his hands behind his back during arrest. Our firm contacted the office of the State Attorney to push for a dismissal on two grounds: conflict in the evidence as to the assault/battery, and the illegality of the warrantless entry into the home. After several weeks, the prosecution agreed to drop all charges.
Outcome: Case Dismissed.
Case: State vs. M.S. – Felony Probation
Charge: Violation of Probation (Felony)(2015)
Judge: Hon. Angela M. Cox
Description: Our Client was charged with Violation of Probation after testing positive for controlled substances during a random urinalysis. The incident was our client’s second violation within the same case, and his fourth violation in all previous cases. At the time our firm was retained, he had been held on a no bond status for over two months, after serving twelve months on his original sentence (prior to being placed on probation). Although the State’s offer was 18 months Florida State Prison, our attorneys successfully argued for time-served at a subsequent sentencing hearing. Our client served no additional time and avoided a lengthy prison sentence demanded by the prosecution.
Outcome: Credit for Time Served.
Case: State vs. K.C. – Probation Violation
Charge: Violation of Probation (2015)
Judge: Hon. Roberto Arias
Description: Our Client was the subject of threats by her probation officer to violate her due to alleged non-compliance with the restitution component of her probationary sentence. Prior to a warrant being issued in the case, our firm submitted multiple filings intended to obtain a court date and show that the office of probation was mistaken about the restitution issue. Upon the filing of our motions, the Office of the State Attorney agreed with the request and the court permitted early termination of probation.
Outcome: Early Termination of Probation Granted.
Case: State vs. F.M. – Aggravated Assault
Charge: Aggravated Assault with a Deadly Weapon (2015)
Judge: Hon. Jack M. Schemer
Description: Our Client was charged with Aggravated Assault with a Deadly Weapon following an altercation that occurred as part of an alleged ‘road rage’ incident. Police alleged that our client had assaulted a female motorist, forced her to stop her vehicle, and then approached her while wielding a wooden paddle in a threatening manner. The motorist claimed to fear for her life and fired multiple gunshots at our client. Upon being retained in the case, our attorneys presented substantial mitigation to the State Attorney’s Office showing that our client was manic bipolar. We also coordinated with family members who assisted in explaining the serious mental health issues. After verifying the condition, the prosecution compassionately declined to pursue charges.
Outcome: Case Dismissed.
Case: State vs. W.G. – Cannabis
Charge: Possession of Cannabis (Under 20 Grams) (2015)
Judge: Hon. Mose L. Floyd
Description: As charged. Our attorneys negotiated for a dismissal of the charges in exchange for our client completing Pretrial Intervention (PTI).
Outcome: Case Dismissed.
Case: State vs. R.J.H. – Cannabis
Charge: Possession of Cannabis (Under 20 Grams) (2015)
Judge: Hon. James A. Ruth
Description: As charged. Our attorneys successfully negotiated for a dismissal of the charges upon completion of Pretrial Intervention (PTI).
Outcome: Case Dismissed.
Case: State vs. P.A. – Cannabis
Charge: Possession of Cannabis (Under 20 Grams); Possession of Paraphernalia (2015)
Judge: Hon. Sharon H. Tanner
Description: As charged. Despite a previous juvenile offense, our client obtained a dismissal of his adult case upon successful completion of Pretrial Intervention (PTI).
Outcome: Case Dismissed Upon Successful Completion of PTI.
Case: State vs. N.W. – Lewd Battery
Charge: Lewd and Lascivious Battery (2015)
Judge: Hon. Suzanne Bass
Description: Our Client (16 years-old) was charged with Lewd and Lascivious Battery after engaging in sexual relations with an underage person. Due to some extenuating circumstances and a favorable psycho-sexual evaluation, our attorneys successfully negotiated for a dismissal upon completion of pretrial diversion (Youthful Offender Program).
Outcome: Case Dismissed.
Case: State vs. D.S. – Firearm Possession
Charge: Possession of a Firearm by a Convicted Felon; Possession of Cocaine While Armed (2015)
Judge: Hon. Tatiana Salvador
Description: Our client was charged with Possession of a Firearm by a Convicted Felon after police, during the course of a human trafficking investigation, made a warrantless entry into a hotel room, where our client was seen sitting within reach of a 9mm handgun. Detectives claimed that they conducted a ‘police knock’ on the hotel room door, and that, as an inadvertent result of the knock, the door swung open, revealing contraband within plain view. Upon being retained in the case, our attorneys visited and photographed the hotel room, gathered witness statements, and viewed evidence inventories to show the implausibility of the story. We filed a Motion to Suppress Evidence on Fourth Amendment grounds, arguing that detectives intentionally caused the door to open, and that the alleged contraband did not match with the evidence gathered at the scene. The prosecution subsequently dropped all charges, and our client escaped a substantial guidelines prison sentence.
Outcome: Case Dismissed.
Case: State vs. D.S. – Trespass
Charge: Trespass (St. Johns County) (2015)
Judge: Hon. Charles Tinlin
Description: Our client was charged with trespass after allegedly refusing to leave a restaurant at the request of management. Our firm obtained a dismissal of the charges on grounds that management had extended (or failed to revoke) an implied invitation to return to the restaurant parking lot for purposes of retrieving our client’s vehicle.
Outcome: Case Dismissed.
Case: State vs. D.R. – Employee Theft
Charge: Employee Theft (Felony) (2015)
Judge: Hon. Angela M. Cox
Description: Our client was charged with Employee Theft after allegedly stealing lottery tickets from his place of employment. Upon being retained in the case, our attorneys successfully negotiated for Pretrial Intervention, citing our client’s lack of criminal history and cooperation with law enforcement.
Outcome: Case Dismissed.
Case: State vs. T.D. – Felony HTO
Charge: Driving With a Suspended License as a Habitual Traffic Offender (HTO) (2015)
Judge: Hon. John H. Skinner (Clay County)
Description: Our client was charged with Felony Driving with a Suspended License after accumulating four suspended license charges or citations with within the previous five years. In addition to the felony, she also faced two pending criminal traffic charges in Duval County for the same offense. Upon being retained in the case, our firm filed motions to set aside two prior civil traffic suspended license convictions. The motions were granted, which resulted in our client’s HTO status being lifted. We then negotiated for a dismissal of the Duval County charges, and a plea in the felony case to the amended charge of No Valid Driver’s License (a second degree misdemeanor with no adverse driver’s license consequences).
Outcome: Felony Charges Dropped. Civil Convictions Vacated. Our client’s driving privileges were fully restored. No jail. No felony conviction. No probation.
Case: State vs. A.S. – Drinking in Public
Charge: Drinking in Public / Public Consumption of Alcoholic Beverage (2015)
Judge: Hon. Lester B. Bass
Description: As charged.
Outcome: Case Dismissed.
Case: State vs. B.R. – Petit Theft
Charge: Petit Theft (2015)
Judge: Hon. Lester B. Bass
Description: As charged.
Outcome: Case Dismissed Upon Completion of Pretrial Intervention.
Case: State vs. J.R. – Disorderly Conduct
Charge: Disorderly Conduct (2015)
Judge: Hon. Alexander R. Christine, Jr. (St. Johns County)
Description: Our client was charged with Disorderly Conduct after allegedly creating a disturbance at a local bar and yelling obscenities on the premises. Our attorneys filed a Motion to Dismiss, arguing that mere verbal conduct or a public disturbance was insufficient to sustain the charge. Recognizing the potential legal issues, the Office of the State Attorney agreed to dismiss all charges upon completion of a lenient pretrial intervention / deferred prosecution program.
Outcome: Case Dismissed.
Case: State vs. C.S. – Domestic Battery
Charge: Domestic Battery (Clay County) (2015)
Judge: Hon. Richard R. Townsend
Description: Our client was charged was charged with Domestic Battery after allegedly slapping her boyfriend, who had yelled sexually-oriented expletives in her face. Based on the proximity of the boyfriend during the incident and threatening gestures made towards our client, our attorneys were able to raise a self-defense claim, and successfully negotiate for a dismissal of the charges in exchange for our client completing a Pretrial Intervention program.
Outcome: Case Dismissed.
Case: State vs. P.D.C. – Domestic Battery
Charge: Domestic Battery (Clay County) (2015)
Judge: Hon. Richard R. Townsend
Description: Our client, an active military service member, was charged with Domestic Battery after allegedly elbowing his wife in the face during a struggle involving a cell phone. After meeting with the alleged victim, she revealed that the contact made by our client was unintentional, and occurred as both parties reached for the phone at the same time. Our attorneys contacted the Office of the State Attorney, and with the cooperation of the alleged victim, secured an offer for dismissal upon completion of Pretrial Intervention.
Outcome: Case Dismissed Upon Completion of Pretrial Intervention.
Case: State vs. M.H. – Domestic Battery
Charge: Domestic Battery (Nassau County) (2015)
Judge: Hon. Wesley Poole
Description: Our client was charged with Battery (Domestic Violence) after allegedly striking her sister during a verbal altercation involving the use of alcohol. Upon being retained in the case, our attorney immediately contacted the assigned prosecutor. We explained that the alleged conduct occurred only as a result of an assault committed by the sister immediately prior to the incident. Citing evidentiary issues, the State declined further prosecution.
Outcome: Case Dismissed.
Case: State vs. R.L. – Domestic Battery
Charge: Domestic Battery (Orange County) (2015)
Judge: Hon. James J. DeKleva
Description: Our client was charged with Domestic Battery after allegedly pushing his girlfriend into a wall at his home. Upon further investigation, the girlfriend revealed that she had been throwing and destroying personal property belonging to our client, and that his only physical contact was to escort her from the premises. The girlfriend agreed to submit to a recorded interview, which was taken at the Office of the State Attorney. The prosecution subsequently agreed to drop all charges.
Outcome: Case Dismissed.
Case: State vs. D.S. – Sale of Cannabis
Charge: Sale of Cannabis (2015)
Judge: Hon. Marianne Aho
Description: Our client was charged with two counts of Sale of Cannabis after facilitating drug sales to undercover officers at the request of her boyfriend. She had been incarcerated for several weeks when our firm was retained in the case. Despite an initial demand for nine months Duval County jail, our attorneys negotiated a disposition for 60 days jail, with credit for 57 days. With gain time, this resulted in an immediate release from incarceration upon sentencing.
Outcome: Credit for Time Served and No Additional Jail. Our client was not placed on probation.
Case: State vs. K.S. – Domestic Battery
Charge: Domestic Battery (Manatee County) (2015)
Judge: Hon. Charles Sniffen
Description: Our client was charged with Domestic Battery after allegedly pushing his ex-girlfriend down a small flight of steps at the entryway to his home. In actuality, the girlfriend became upset at our client being in possession of nude photographs taken by the couple, and attempted to gain entry into our client’s home by force. Our attorneys presented photographs of the front door and established that an attempted forced entry had occurred immediately prior the incident. This laid the foundation for a compelling defense of property claim, as well as a claim of self-defense. The prosecution agreed to drop all charges prior to arraignment.
Outcome: Case Dismissed.
Case: State vs. B.K.C. – Domestic Battery
Charge: Domestic Battery (Clay County) (2015)
Judge: Hon. Kristina Mobley
Description: Our client was charged with Domestic Battery after allegedly ‘bodyslamming’ his girlfriend in the foyer area of their residence during a dispute. Upon being retained in the case, our attorneys pushed for modification of the ‘no contact’ order, and coordinated with the alleged victim to request that all charges be dropped. We also obtained photographic evidence and a witness affidavit establishing that a body slam could not have occurred in the narrow confines of the foyer, and that the alleged victim attempted to prevent our client from leaving the home. After one month, the prosecution dropped all charges at arraignment.
Outcome: Case Dismissed.
Case: State vs. A.C. – Petit Theft
Charge: Petit Theft (2015)
Judge: Hon. John A. Moran
Description: As charged.
Outcome: Case Dismissed Upon Completion of Pretrial Intervention.
Case: State vs. C.T. – Felony HTO
Charge: Driving with a Suspended License as a Habitual Traffic Offender; Possession of Cannabis (2015)
Judge: Hon. Mark Hulsey
Description: Our client was charged with Driving with a Suspended License as a Habitual Traffic Offender (Felony) and Possession of Cannabis after being subjected to a traffic stop outside of a known drug house. The arresting officers alleged that, while conducting surveillance, they observed our client stop at the house briefly, interact with the resident (an alleged drug dealer), and then leave within 5 minutes. The officers then conducted a traffic stop, claiming that our client’s conduct was consistent enough with drug activity to provide reasonable suspicion. Upon being retained in the case, our attorneys immediately contacted the assigned prosecutor to challenge the validity of the stop. We cited Tinson v. State, 650 So. 2d 189 (Fla. 2d DCA 1995) and obtained a drop on Fourth Amendment grounds.
Outcome: Case Dismissed.
Case: State vs. K.T. – Warrant Recall
Charge: Driving While License Suspended (2015)
Judge: Hon. Scott Mitchell
Description: Prior to the retention of our firm, our client failed to appear for a sentencing date on the charge of Knowingly Driving with a Suspended License. A warrant was then issued for his arrest, and remained outstanding for nearly one year. Upon being retained in the case, our attorneys successfully moved for a recall of the warrant and resolved the case without our client serving any jail time.
Outcome: Warrant Recalled.
Case: State vs. S.H. – DUI
Charge: Driving Under the Influence (2015)
Judge: Hon. Eleni Derke
Description: Our client was charged with Driving Under the Influence (DUI) after failing to stop at a traffic signal, striking a curb, and allegedly exhibiting indicators of impairment during field sobriety exercises (FSE’s). Upon being retained in the case, our attorneys carefully reviewed the State’s evidence, including a dash cam video showing our client’s demeanor and FSE performance. The video revealed a high degree of exaggeration by the arresting officer, and showed an acceptable level of performance on the ‘one leg stand’ and ‘walk and turn.’ Based on these factors, our firm was able to negotiate for a reduction of the charge to Reckless Driving. Our client received a withhold of adjudication (no conviction) and retained her driving privileges.
Outcome: DUI Charge Reduced to Reckless Driving.
Case: State vs. E.L. – Domestic Battery
Charge: Domestic Battery (St. Johns County) (2015)
Judge: Hon. Charles Tinlin
Description: Our client was charged with Domestic Battery after allegedly attacking her husband during a heated argument between the parties. Investigation revealed that the husband had forcibly taken our client’s cell phone and car keys in order to prevent her from leaving the home. These circumstances gave rise to self-defense and defense of property claims, which mitigated in favor of a dismissal.
Outcome: Case Dismissed.
Case: State vs. S.C. – Racing on Highways
Charge: Racing on Highways (2015)
Judge: Hon. Charles Tinlin
Description: As charged.
Outcome: Case Dismissed Upon Completion of Pretrial Intervention.
Case: State vs. B.M. – Petit Theft
Charge: Petit Theft (2015)
Judge: Hon. Lester B. Bass
Description: As charged.
Outcome: Case Dismissed Upon Completion of Pretrial Intervention.
Case: J.Z.T. vs. H.H. – Injunction
Charge: Motion to Vacate and Set Aside Final Judgment of Injunction (2015)
Judge: Hon. Linda McCallum
Description: In 2014 (prior to the retention of our firm), our client unsuccessfully represented himself at an injunction hearing initiated by a vindictive neighbor. The injunction resulted in our client losing his gun ownership rights and being barred from employment with law enforcemet agencies. Upon being retained in the case, our attorneys successfully negotiated with opposing counsel and obtained the entry of a stipulated order dissolving the injunction.
Outcome: Injunction Vacated and Set Aside.
Case: State vs. F.R.C. – No Valid DL
Charge: Operating a Motor Vehicle Without a Valid Driver’s License (2015)
Judge: Hon. Alexander R. Christine, Jr. (St. Johns County)
Description: Our client, an exchange student from Italy, was charged with ‘No Valid Driver’s License’ after operating a vehicle with only an Italian driver’s license. The officer who conducted the traffic stop alleged that our client was required to possess an international driving permit or a valid Florida license. Our client had only been present in the United States for 35 days, and was not a resident of the State of Florida. On these grounds, our attorneys filed a Motion to Dismiss, arguing that a Florida license was not required for non-resident aliens so long as the alien driver possessed a valid license issued by his or her home country. The Office of the State Attorney agreed, and dismissed all charges.
Outcome: Case Dismissed.
Case: State vs. I.B. – Racing on Highways
Charge: Racing on Highways (2015)
Judge: Hon. Scott F. Mitchell
Description: As charged.
Outcome: Racing Charge Reduced to Reckless Driving.
Case: State vs. P.B. – Petit Theft
Charge: Petit Theft (2015)
Judge: Hon. James A. Ruth
Description: As charged.
Outcome: Case Dismissed Upon Completion of Pretrial Intervention.
Case: State vs. A.T.B. – Motion to Vacate
Charge: Motion to Vacate Judgment and Sentence (Domestic Battery) (2015)
Judge: Hon. Michelle Kalil
Description: On August 1, 2015, our client entered a plea to one count of Battery (Domestic Violence). He was unrepresented at the time, and was unaware of the consequences of a domestic violence conviction. Three weeks after being sentenced on the charge, our attorneys filed a Motion to Withdraw Plea and Set Aside the Judgment and Conviction. The Motion was granted, and our client entered a plea to a municipal ordinance violation for “fighting.” As a result, our client avoided a permanent criminal record, damage to his career, and the 26-week Batterer’s Intervention Program.
Outcome: Motion to Vacate Granted.
Case: State vs. H.P. – Criminal Mischief (Felony)
Charge: Criminal Mischief (Felony) (2015)
Judge: Hon. Mark L. Lubet (Orange County)
Description: Our client was charged with Criminal Mischief after allegedly ramming his van through the entrance gate of an Orlando apartment complex. Initial damage estimates exceeded $1,000. Upon being retained in the case, our attorneys contacted the prosecution and negotiated for our client’s admission into Pretrial Diversion.
Outcome: Case Dismissed following completion of Pretrial Diversion.
Case: State vs. V.P. – HTO
Charge: Habitual Traffic Offender (Motion to Vacate) (2015)
Judge: Hon. Eleni Derke
Description: Our client was classified as a ‘Habitual Traffic Offender’ after accumulating three or more suspended license convictions over a five-year period. This resulted in a revocation of her driver’s license for five years. To lift her HTO designation, our attorneys filed a motion to vacate two civil suspended license convictions, one of which dated from 2010. The court granted the motion, and our client was able to restore her driving privileges.
Outcome: Motion to Vacate Granted.
Case: State vs. N.S. – Domestic Battery
Charge: Battery (Domestic Violence) (2015)
Judge: Hon. Eric Roberson
Description: Our client was charged with Domestic Battery following an altercation with her boyfriend and another female who was present in the home. After coordinating with the alleged victim, and presenting contrary witness testimony, the State abandoned all charges.
Outcome: Case Dismissed.
Case: State vs. M.G. – Aggravated Assault
Charge: Aggravated Assault with a Deadly Weapon (Firearm) (2015)
Judge: Hon. John H. Skinner
Description: Our client was charged with Aggravated Assault with a Deadly Weapon after allegedly pointing a handgun at a 16 year-old during an incident involving airsoft BB guns. The alleged victim and several friends were allegedly shooting their weapons in a vacant lot behind our client’s home. When our client went to investigate, he was startled by the alleged victim emerging from the woods while carrying an unknown object. Our attorneys claimed self-defense, and presented multiple witnesses who described prior incidents justifying our client’s concerns for his safety. After extended negotiations and over the objection of the alleged victim’s mother, the Office of the State Attorney agreed to drop the felony charge (and the minimum mandatory prison sentence it carried) in exchange for a plea to misdemeanor “Improper Exhibition.”
Outcome: Felony Charges Dropped. Client pleads to one count of misdemeanor Improper Exhibition.
Case: State vs. W.J. – Cannabis
Charge: Possession of Cannabis (Under 20 Grams) (2015)
Judge: Hon. Gary Flower
Description: Our client, an NFL free agent and former player for the Jacksonville Jaguars, was charged with Possession of Cannabis following a probable cause search of his vehicle. Due to his status as an NFL free agent, it was critical to obtain a dismissal of the charges without drawing public attention to the case. Our attorneys immediately contacted the Office of the State Attorney and secured an offer of Pretrial Intervention. The case was dismissed in less than 30 days.
Outcome: Case Dismissed.
Case: State vs. L.N. – Battery (Domestic)
Charge: Battery – Domestic Violence (2016)
Judge: Hon. Mark E. Herr (Seminole County)
Description: Our client was charged with one count of Battery- Domestic Violence after he alleged slapped and pushed his wife during an altercation at their residence. Upon being retained in the case, we immediately contacted the alleged victim to coordinate a strategy to pursue the dropping of all charges. This involved the wife submitting a statement clarifying the incident, as well as early contact with the prosecution explaining our client’s version of events. The State agreed to drop all charges and filed a ‘Notice of No Information.’
Outcome: Case Dismissed.
Case: State vs. T.H. – Battery
Charge: Battery (2016)
Judge: Hon. Tanya Davis Wilson (Orange County)
Description: Our client was charged with battery after allegedly attacking his girlfriend during an argument involving accusations of infidelity. Although photographs showed noticeable injuries to the alleged victim, our firm identified multiple incosistencies in her story and presented a credible self-defense claim to the Office of the State Attorney. The State agreed to divert the case to Pretrial Diversion, which will result in a dismissal of all charges.
Outcome: Case Dismissed Upon Completion of Pretrial Intervention.
Case: State vs. E.B. – Leaving the Scene
Charge: Leaving the Scene of an Accident (Property Damage) (2016)
Judge: Hon. Emmett Ferguson
Description: Our client was charged with Leaving the Scene of an Accident after allegedly striking a vehicle in a parking lot, and then failing to leave the required information. Upon being retained in the case, our firm coordinated with the various insurers to see that restitution was paid, and presented evidence providing mitigation for the alleged offense. Based on our client’s age and her status as a student, we obtained the prosecution’s agreement to refer the case to pretrial intervention.
Outcome: Case Dismissed Upon Completion of Pretrial Intervention.
Case: State vs. S.B. – Suspended License Warrant
Charge: Driving with a Suspended License; Attaching Tag Not Assigned; Warrant for Failure to Appear (2016)
Judge: Hon. John Woodard, III (Seminole County)
Description: In 2010, our client was charged with Driving with a Suspended License and Attaching an Unassigned Tag. She subsequently missed her court date, and a warrant was issued for her arrest. After years of living under the threat of a warrant, our firm contacted the Office of the State Attorney and obtained a dismissal of all charges and the recall of the warrant. The State’s decision was based on the age of the case as well as extenuating circumstances surrounding the missed court date.
Outcome: Case Dismissed and Warrant Recalled.
Case: State vs. L.C. – Battery
Charge: Battery (2016)
Judge: Hon. Dawn Hudson
Description: In February of 2016 (prior to retaining our firm), our Client entered a plea to the charge of Battery. She was placed on 12 months of probation and, due to her status as a nurse, lost her nursing license. With her career in jeopardy, our firm filed a Motion to Withraw her plea, citing deficiencies in the plea colloquy and the lack of a factual or evidentiary basis for the charge. The Motion was granted, resulting in the dismissal of all battery charges. With the battery dropped, our client was able to retain her nursing license.
Outcome: Motion to Withdraw Plea Granted. Battery charges dismissed.
Case: State vs. M.M. – Insurance Fraud
Charge: Staged Motor Vehicle Accident; False Insurance Claims (2016)
Judge: Hon. Marianne Aho
Description: Our Client was charged with Knowingly Participating in an Intentional Motor Vehicle Crash and False Insurance Claims after allegedly engaging in a staged accident in order to collect insurance benefits. The staged accident charge is a second degree felony, carrying a minimum mandatory prison sentence of two years. Upon being retained in the case, our firm carefully reviewed the State’s evidence and, after assessing the prospects for trial, made the decision to cooperate with the prosecution in hopes of obtaining a more lenient sentence. As result, the State agreed to waive mandatory prison and to place our client on probation. He furthermore received a withhold of adjudication, thereby avoiding a felony conviction.
Outcome: Adjudication of Guilt Withheld. Our client avoids mandatory prison and a felony conviction.
Case: State vs. N.G. – Cannabis
Charge: Possession of Cannabis; Possession of Drug Paraphernalia (2016)
Judge: Hon. Pauline Drake
Description: As charged. Our attorneys negotiated for our Client’s admission into Pretrial Intervention, which resulted in a dismissal of all charges.
Outcome: Case Dismissed.
Case: State vs. J.H. – Aggravated Assault
Charge: Aggravated Assault (Firearm) (2016)
Judge: Hon. Russell L. Healey
Description: Our client was charged with Aggravated Assault following an altercation with a landlord involving a firearm. The landlord had given multiple accounts of how the incident unfolded, and our attorneys successfully showed that he had attacked our client with a wrench before the alleged gun was pulled. The State agreed to drop all charges.
Outcome: Case Dismissed.
Case: State vs. M.J. – Petit Theft
Charge: Petit Theft (2016)
Judge: Hon. Emmett Ferguson
Description: As charged.
Outcome: Case Dismissed Upon Completion of Pretrial Intervention.
Case: State vs. C.P. – HTO
Charge: Habitual Traffic Offender license reinstatement (2016)
Judge: Hon. Timothy Collins (Clay County)
Description: Our client lost his driving privileges for a 5 year period, following his classification as a Habitual Traffic Offender (HTO) by the Florida Department of Highway Safety and Motor Vehicles. To reinstate his license, our attorneys filed a Motion to Vacate a previous suspended license conviction. The Motion was granted, resulting in the reinstatement of our client’s license.
Outcome: Motion Granted. Driving privileges reinstated.
Case: State vs. J.H. – Leaving the Scene
Charge: Leaving the Scene of Accident- Failure to Give Information (2016)
Judge: Hon. John A. Moran
Description: Our client was charged with leaving the scene of an accident, following an alleged failure to provide insurance information and other documents after a crash. Upon being retained in the case, our firm negotiated for a dismissal on grounds that our client had partially complied with her statutory duties (providing a license), and only left because the other driver initially told her she could leave. The State agreed to drop all charges.
Outcome: Case Dismissed.
Case: State vs. P.A. – Unlicensed Contracting
Charge: Unlicensed Contracting / False Advertisement as a Licensed Contractor (2016)
Judge: Hon. Scott F. Mitchell
Description: As charged. The State agrees to dismiss all charges in exchange for our client completing a lenient Pretrial Intervention program.
Outcome: Case Dismissed.
Case: State vs. K.B. – Unlicensed Contracting
Charge: Unlicensed Contracting (2016)
Judge: Hon. Elizabeth J. Starr (Orange County)
Description: As charged. The State agrees to dismiss all charges in exchange for our client completing a Pretrial Diversion program.
Outcome: Case Dismissed.
Case: State vs. S.L. – Cannabis
Charge: Possession of Cannabis; Possession of Drug Paraphernalia (2016)
Judge: Hon. Timothy Collins (Clay County)
Description: As charged. The State agrees to dismiss all charges in exchange for our client completing a Pretrial Intervention program.
Outcome: Case Dismissed.
Case: State vs. M.T. – Cannabis
Charge: Possession of Cannabis; Possession of Drug Paraphernalia (2016)
Judge: Hon. Timothy Collins (Clay County)
Description: As charged. The State agrees to dismiss all charges in exchange for our client completing a Pretrial Intervention program.
Outcome: Case Dismissed.
Case: State vs. D.B. – HTO
Charge: Habitual Traffic Offender; Motion to Vacate (2016)
Judge: Hon. Michelle Kalil
Description: As charged. As a result of multiple convictions for driving with a suspended license, our Client was classified as a Habitual Traffic Offender. This necessitated the filing of a Motion to Vacate one of the convictions in order to avoid a five-year driver’s license revocation.
Outcome: Motion Granted. Habitual Traffic Offender designation lifted. Driving privileges restored.
Case: State vs. M.S. – Felony HTO
Charge: Driving with a Suspended License as a Habitual Traffic Offender (Felony) (2016)
Judge: Hon. Russell L. Healey
Description: As charged. Upon being retained in the case, our attorneys negotiated for the charges to be reduced to a misdemeanor, resulting in a transfer to county court. We then assisted our client in obtaining a valid license, which resulted in a further reduction of charge to ‘No Valid Driver’s License.’ This reduction meant that our client was able to avoid ‘re-habitualization’ and maintain his driving privileges.
Outcome: Felony Case Dropped. Case transferred to County Court. Our client restores and maintains his driving privileges. All civil citations dismissed.
Case: State vs. A.W. – Cannabis
Charge: Possession of Cannabis; Possession of Paraphernalia (2016)
Judge: Hon. Pauline Drake
Description: As charged.
Outcome: Case Dismissed Upon Completion of Pretrial Intervention.
Case: State vs. J.M. – Aggravated Assault
Charge: Aggravated Assault with a Deadly Weapon (Firearm) (2016)
Judge: Hon. Mark H. Mahon
Description: Our client, a decorated military veteran suffering from Post-Traumatic Stress Disorder (PTSD), was charged with Aggravated Assault with a Deadly Weapon after allegedly pointing a handgun at his wife and child during a heated domestic argument. Our firm was retained in the case prior to a warrant being issued. Once on the case, our attorneys immediately contacted the alleged victim to inquire whether she would consider recommending veteran’s court to resolve the case. We also gathered medical documentation establishing the PTSD, and presented it to the assigned prosecutor. We also presented our client’s military record, which included multiple tours in Iraq and Afghanistan. Following the negotiations, the State agreed to refer the case to veteran’s court, and to only pursue the case as an incident of child abuse and misdemeanor assault. Our client’s completion of veteran’s court will result in a dismissal of all charges (2016).
Outcome: Case Dismissed Upon Completion of Veterans Court.
Case: State vs. A.A. – Aggravated Battery
Charge: Aggravated Battery with a Deadly Weapon (Domestic) (2016)
Judge: Hon. Marianne Aho
Description: Our client was charged with Aggravated Battery with a Deadly Weapon after allegedly stabbing her husband in the arm with a knife during a domestic altercation. The husband (alleged victim) had an extremely abusive history in the relationship and was the subject of previously entered ‘no contact’ order with regard to our client. Upon being retained in the case, we immediately contacted the Office of the State Attorney to explain the suspicious circumstances of the incident, as well as our position that the alleged conduct by our client was defensive in nature. Upon further discussions and investigation, the prosecution declined to pursue charges.
Outcome: Case Dismissed.
Case: State vs. B.L. – Disorderly Conduct
Charge: Disorderly Conduct / Breach of Peace (2016)
Judge: Hon. Kelly E. Eckley
Description: Our client was charged with Breach of Peace / Disorderly Conduct after a workplace incident involving a police officer. Our client was alleged to have yelled “f*** the police,” “F*** you pig” and “eat sh**” at the officer during an investigation. The incident involved a crowd gathering and persons within the crowd becoming frightened. Upon being retained in the case, our attorneys filed a Motion to Dismiss, arguing that the First Amendment’s profanity protections barred prosecution in the matter. The prosecution later agreed, and dropped all charges.
Outcome: Case Dismissed.
Case: State vs. C.D.T. – Felony Cannabis
Charge: Possession of Over 20 Grams of Cannabis (Felony); Driving with Suspended License as a Habitual Traffic Offender (Felony) (2016)
Judge: Hon. Marianne Aho
Description: Following a traffic stop conducted on the basis of an alleged “cracked windshield,” our Client was charged with felony possession of marijuana and driving with a suspended license as a habitual traffic offender (HTO). Upon being retained in the case, our attorneys gathered photographic evidence establishing that the crack in the windshield was minor in nature, and did not meaningfully obstruct the driver’s view of road conditions. The appellate case law interpreting the traffic statute at issue (Driving a Vehicle in an Unsafe Condition) required that the windshield “render the vehicle in such unsafe condition as to endanger any person or property.” Upon being retained in the case, our attorneys contacted the assigned prosecutor and requested a drop on grounds that the officer lacked the requisite probable cause or reasonable suspicion to conduct the initial traffic stop. After reviewing the photographs and case law provided by our firm, the State of Florida dropped all charges on Fourth Amendment grounds.
Outcome: Case Dismissed.
Case: State vs. D.B. – Aggravated Battery
Charge: Aggravated Battery (2016)
Judge: Hon. Debra Nelson (Seminole County)
Description: Our client was charged with Aggravated Battery after allegedly striking his wife in the head with a plaster statue during a domestic altercation. The impact caused significant bleeding and led the wife to initially state that the husband’s actions were deliberate. Upon being retained in the case, we coordinated with the alleged victim to contact the State Attorney’s in order to clarify her version of events and correct mistatements contained in the arrest and booking report. We also obtained a written statement from the wife asserting that the contacted was most likely accidental, and only occurred when the wife attempted to grab the statue while in the husband’s hands. On these grounds, and as a result of the wife’s retracted statements, the State declined to continue further with prosecution.
Outcome: Case Dismissed.
Case: State vs. J.P.P. – Resisting Arrest
Charge: Resisting Officer Without Violence; Trespass (2016)
Judge: Hon. Eleni Derke
Description: Our client was arrested and charged with Resisting Arrest and Trespass after he engaged in voter registration actvities at a festival in Jacksonville Beach, Florida. He then allegedly refused to depart the premises at the direction of overzealous police. Known as the ‘Salt Life Festival,’ the event was privately organized, but was open to the general public and was not expressive in nature. Upon being retained in the case, our attorneys argued that the actions of our client were protected First Amendment actvities in a public forum, and that applicable Jacksonville Beach ordinances authorized such actvities to occur at such “special events.” After months of litigation and discovery, we filed a Motion to Dismiss all charges. The Motion was granted, terminating the prosecution on grounds that the State had failed to establish or adequately allege lack of authorization necessary to sustain a trespass charge.
Outcome: Motion to Dismiss Granted. All charges dismissed.
Case: State vs. K.B. – Domestic Battery
Charge: Battery (Domestic Violence) (2016)
Judge: Hon. Wesley Poole
Description: Our client was arrested and charged with battery (domestic violence) after allegedly striking his wife during a domestic altercation. Upon being retained in the case, our attorneys made immediate contact with the alleged victim to inquire whether she wished lift or modify the the ‘no contact’ order, entered at first appearance. The victim expressed her desire to modify the order, and a hearing was held wherein she testified regarding the alleged incident. The testimony elicited by our attorneys established a complete defense to the charge, and resulted in the Office of the State Attorney declining to pursue prosecution.
Outcome: Case Dismissed.