Case Results 2009

2009: Defendant Facing Life in Prison for Sexual Battery Using Physical Force Causing Injury and Kidnapping Receives Reduced Charge, Withhold of Adjudication, and Short-Term Probation.

In this case, my client was facing a charge of Sexual Battery Using Physical Force Causing Injury (punishable by life in prison) and Kidnapping (punishable by up to five years in prison). I focused my defense on attacking every aspect of the victim’s credibility. In focusing on the victim’s numerous inconsistent statements along with her admitted drug use on the night of the alleged incident, the prosecutor dismissed the Kidnapping charge and reduced the Sexual Battery Charge to Aggravated Assault. My client accepted the plea offer of a withhold of adjudication (this means he is not a convicted felon) and two years probation with early termination available after one year.

2009: Defendant Arrested for Burglary of a Dwelling and Grand Theft has Charges Dropped.

My client was arrested as a co-defendant and charged with Burglary of a Dwelling (punishable by up to 15 years and prison) and Grand Theft (punishable by up to five years in prison). This case is the perfect example of why you need to contact an attorney as soon as possible after getting arrested. It gives the attorney the chance to speak to the prosecutor before the case gets too deep into the system. The client retained me the same day she bonded out of jail and I was able to speak with the prosecutor. He agreed with me that the State would not be able to prove either charge beyond a reasonable doubt based on the facts and circumstances. All charges were dismissed.

2009: Defendant Charged With Felony Fleeing and Eluding and Reckless Driving Gets all Charges Dismissed.

The client was charged with Felony Fleeing and Eluding (punishable by up to 5 years on prison) and Reckless Driving after he allegedly led the police on a high speed chase while riding his motorcycle at speeds well in excess of 100 m.p.h. The chase ended with my client crashing his bike and being apprehended by the officer in pursuit. I was able to obtain the officer’s disciplinary record and learned that he had been the investigation of an internal affairs investigation. The prosecutor dropped all charges.

2009: Client Charged With Armed Trespass has Charge Dismissed.

In this case, my client was arrested by the Brevard County Sheriff’s Office and charged with unlawfully trespassing and hunting deer on someone’s property without their permission. Although the charge does not sound that serious, it is a felony, punishable by up to five year in prison. The charge was dismissed.

2009: Defendant Facing up to a Year in Jail for Battering his Wife has Charges Dropped.

In this case, my client was charged with allegedly hitting and kicking his wife during a domestic dispute. We contested these allegations claiming that the victim had no injuries and presented a witness whose version of the events was inconsistent with the victim’s. The prosecutor dropped the charges.

2009: Defendant Facing Aggravated Battery and Battery Domestic Violence Charges Receives Pre-Trial Diversion.

My client was arrested and facing a maximum of 15 years in prison after the victim sustained a broken leg in a physical altercation with my client. I was able to convince the prosecutor’s office that my client should not be charged with a felony, and they filed a one count information charging her with Battery Domestic Violence. Although depositions are not generally available to a defense attorney in misdemeanor cases, I was able to convince the judge that it was necessary and deposed the victim and witness. After doing so, the prosecutor agreed to drop all charges if my client successfully completed a diversionary program.

2009: Client Charged With Grand Theft and Failing to Return Leased Property has Both Charges Dismissed.

In this case, my client was charged with two felonies; Grand Theft and Failing To Return Leased Property. Unfortunately, my client decided to sign as a co-borrower for a friend who leased some furniture from a Rent-A-Center. His friend moved out and took all of the furniture with him and the Brevard County Sheriff’s Office could not locate him. My client was arrested because he was the co-borrower. I was able to negotiate a deal with the State Attorney in which both charges were ultimately dismissed.