Case Results 2011

2011: Client Charged With Battery Receives Mistrial and Subsequently Admitted Into Diversionary Program.

My client was a police officer and charged with committing a battery upon his girlfriend. The victim claimed that my client punched her in the throat and chest area, which caused bruising. In addition to facing up to a year in jail upon conviction, my client also risked losing his certification as a police officer. After a four day jury trial, the jury could not reach a unanimous verdict and the judge declared a mistrial. The State decided to resolve the case through a diversionary program instead of having a second trial. The charge will be dismissed assuming my client completes the terms of the diversion contract.

2011: Client Arrested for Trafficking Oxycodone, (4-14 grams) Possession of Xanax, Possession of Xanax with Intent to Sell, Possession of Oxycodone, Possession of Paraphernalia, and Petit Theft Enters Plea to Misdemeanor.

My client was arrested by the Melbourne Police Department. When she was searched, the officer found a several different prescription drugs in her purse. The Trafficking charge alone was punishable by a mandatory minimum sentence of 15 years in prison. I was able to get all of the felonies dropped and my client entered a plea to Retail Theft (misdemeanor).

2011: Client Charged With Trafficking in Illegal Drugs, Possession of Cannabis, and Possession of Paraphernalia Receives Probation. No Jail Time.

In this case, my client was arrested by an officer from the Melbourne Police Department after he discovered more than 100 pills of oxycodone in my client’s backpack. My client did not have a prescription for the pills. He was arrested and charged with Trafficking In Illegal Drugs More Than 28 Grams, which is a first degree felony punishable by up to 30 years in prison. Additionally, due to the weight, of the pills, the charge also carries a 25-year mandatory minimum sentence.

I deposed the arresting officer and it became apparent that the search of my client’s backpack was unlawful and violated his Fourth Amendment rights. I was able to get the prosecutor to amend the trafficking charge to simple possession of a controlled substance and my client was placed on probation. No jail time.

2011: Client Arrested for Burglary of an Occupied Dwelling, Battery, and Criminal Mischief has Charges Dismissed.

My client was arrested by the Titusville Police Department because her boyfriend alleged that she broke into his house and punched him numerous times in the face and head. My client was facing a maximum penalty of up to 16 years in prison. All charges were dropped.

2011: All Charges Dismissed for Client Facing Three Separate Cases Involving Battery, Battery Domestic Violence, Violation of Pre-trial Release, and Contempt.

In these cases, my client was first arrested by the Brevard County Sheriff’s Office and charged with Battery after he allegedly wrapped his hands around the victim’s neck. Due to a lack of criminal history, he was released on community supervision.

While this case was pending, my client was arrested again by the Brevard County Sheriff’s Office and charged with Battery Domestic Violence against his wife, a new charge of Battery involving the same victim as in the original case, a violation of pre-trial release conditions, and contempt for violation of community supervision.

Both of the victims signed drop charge affidavits and the State subsequently dismissed both Battery charges and the Battery Domestic Violence charge. I was then able to convince the judge to dismiss the contempt charge and violation of pre-trial release. My client retained me to represent him in three separate cases involving five separate charges and all of them were dismissed.

2011: Client Charged With Aggravated Assault With a Firearm and Aggravated Battery Combined Segment Receives Probation. No Jail Time.

My client was arrested by the Titusville Police Department after one victim alleged that he pistol whipped her in the head and the other victim alleged that my client pointed a gun at him and threatened to shoot him. Facing a three year mandatory minimum on the charge of Aggravated Assault with a Firearm, I was able to convince the prosecutor to drop that charge in exchange for a plea to Aggravated Battery and a stipulation to a downward departure from the sentencing guidelines. My client was placed on probation. No jail time.

2011: Client Arrested for 36-Counts of Acquiring a Controlled Substance By Prescription or Fraud Admitted Into Drug Court Program.

My client was arrested by the Brevard County Sheriff’s Office and charged with 36-counts of Acquiring a Controlled Substance By Prescription or Fraud. She worked at a doctor’s office and was allegedly writing prescriptions for pain medication and then had the prescriptions filled. Each charge is a third degree felony, punishable by up to five years in prison. If my client received the maximum, she could have been sentenced to 180 years on prison.

I was able to demonstrate to the prosecutor that my client had no prior criminal history and that she was not selling or otherwise distributing the pills that she illegally[ obtained. The Office of State Attorney dropped 35 of the 36 counts and my client was admitted into the drug court program, whereupon the charge is dismissed upon graduation from the program.

2011: Client Arrested and Charged With Second DUI Within Five Years Enters Plea to Reckless Driving.

In this case, my client was stopped in Merritt Island by the Brevard County Sheriff’s Office at approximately 2:30 a.m. He had been drinking and was asked to perform the standard field sobriety exercises. He attempted to perform the exercises, but quit halfway through because of his intoxication level. I was able to convince the prosecutor to amend the DUI charge to Reckless Driving.

2011: Client Arrested for Aggravated Battery With a Deadly Weapon has Charge Dismissed.

My client was arrested by the Melbourne Police Department after the victim alleged that my client intentionally struck him with her vehicle while he was riding his bicycle. The charge of Aggravated Battery with a Deadly Weapon is a second degree felony, punishable by up to 15 years in prison. I was able to convince the prosecutor that the victim lacked credibility and his allegations did not make sense. The charge was subsequently dismissed.

2011: Client Arrested for Driving Under the Influence, two Counts of Driving Under the Influence with Property Damage, two Counts of Resisting Arrest With Violence, two Counts of Battery on a Law Enforcement Officer or Firefighter, Tampering or Fabricating with Physical Evidence, and Possession of a Controlled Substance Receives Probation. No Jail Time.

In this case, my client was originally arrested by the Florida Highway Patrol and charged with three misdemeanors and six felonies. I was able to negotiate a deal in which he entered a plea to one misdemeanor and one felony and he was placed on probation. All other charges were dismissed. No jail time.

2011: Client Arrested for Aggravated Battery Domestic Violence has Charge Dismissed.

In this case, my client was arrested by the Cocoa Police Department and charged with the aggravated battery of his girlfriend, a second degree felony punishable by up to 15 years in prison. The police report alleged that my client struck the victim in her face with a glass. The victim was transported by ambulance to the hospital and received nine stitches in her forehead. Despite overwhelming evidence of my client’s guilt, the charge was dismissed.

2011: Client Charged With Aggravated Child Abuse has Charge Dismissed.

My client left her child in the care of some friends while she went out for the evening, and when my client returned home, the baby was asleep. The next morning my client went into to the baby’s bedroom and saw that the baby had several bruises all over her body and she immediately called the police. The police actually arrested my client and charged with Aggravated Child Abuse, which is a second degree felony, punishable by up to 15 years in prison. My client denied doing any harm to her child and even passed a polygraph test. The Office of State Attorney eventually dismissed the charge against her.

2011: Client Arrested for Burglary of an Occupied Dwelling, Battery Domestic Violence and Criminal Mischief Enters Plea to a Misdemeanor and Receives no Probation.

My client was arrested by the Brevard County Sheriff’s Office and charged with Burglary of an Occupied Dwelling, a second degree felony punishable by up to 15 years in prison. He was also charged with two misdemeanors. I persuaded the prosecutor to allow my client to enter a plea to one misdemeanor (criminal mischief). In exchange for a plea to one misdemeanor, all other charges were dismissed.

2011: Client Charged With Robbery has Charge Dismissed.

My client was arrested by the Melbourne Police Department and charged with Robbery, which is a second degree felony punishable by up to 15 years in prison. The victim alleged that my client stole her purse, and in the course of doing so, used force or the threat of force. The charge was dismissed.

2011: Client Arrested for Battery has Charged Dismissed.

In this case, my client was arrested by the Brevard County Sheriff’s Office and charged with Battery after the victim alleged that my client punched him in the face. Battery is a first degree misdemeanor, punishable by up to a year in jail. The charge was subsequently dismissed.

2011: Client Charged With Trespassing in Structure or Conveyance and Resisting An Officer Without Violence has Both Charges Dismissed.

In this case, my client decided (after having a few drinks) to open an unlocked police car and sit inside the passenger seat. The Cocoa Beach Police Officer, who was watching her the whole time, was not too happy. He claims that she ignored his commands to stop and therefore arrested her for two misdemeanors. I was able to explain to the prosecutor that she was intoxicated and lacked any criminal intent. My client was accepted into diversion and both charges were eventually dismissed.

2011: Client Charged With Battery Domestic Violence has Charge Dismissed.

My client was arrested by the Brevard County Sheriff’s Office and charged with Battery Domestic Violence, a first degree misdemeanor, after he slapped his teenage daughter in the face. I spoke with the alleged victim and she agreed to sign a drop-charge affidavit, in which she stated that she did not want the Office of State Attorney to prosecute her father. The charge was dismissed.

2011: Client Charged With Battery Receives Withhold of Adjudication on Reduced Charge of Disorderly Conduct and no Probation.

My client was arrested by the Brevard County Sheriff’s Office and charged with Battery after he allegedly punched the victim in his face, causing injuries. I explained to the prosecutor that the victim in this case was mentally unstable and had been stalking my client’s daughter and his former wife. The prosecutor agreed to reduce the Battery charge to Disorderly Conduct and withheld adjudication. This means that my client was not formally convicted of any crime.

2011: Client Charged With Worthless Check has Charge Dismissed.

My client, who had no prior criminal record, was arrested by the Brevard County Sheriff’s Office and charged with a felony after she unintentionally wrote a worthless check in the amount of $300.00. I was able to get her accepted into a diversion program and the charge was dismissed.

2011: Client Charged With Possession of Alcoholic Beverage by a Person Under the Age of 21 has Charge Dismissed.

In this case, my client was arrested while he was on vacation in Cocoa Beach and charged with Possession of Alcoholic Beverage by a Person Under the Age of 21, which is a second degree misdemeanor. My client was very concerned because he was in college and applying for internships and did not want a criminal record. I was able to get him accepted into a diversion program and the charge was ultimately dismissed.

2011: Client Initially Charged as Felony Habitual Traffic Offender Gets Charged Reduced to a Misdemeanor and Reinstates his License.

This case took a lot of work on my part. My client was initially arrested by the Melbourne Police Department and charged with felony Driving While License Suspended as a Habitual Traffic Offender (“HTO”). The statute states that anyone who is convicted three times in a five year period of either Driving Under the Influence or Driving While License Suspended With Knowledge loses their license for five years. One of the strikes my client received under the statute was for an uncounseled plea to Driving While License Suspended Without Knowledge, which no longer even counts as a strike under the HTO statute. I filed a motion to withdraw his plea, which was granted by the Court and his license was reinstated. Once his license was reinstated, the prosecutor amended the felony charge to a misdemeanor and he entered a plea to No Valid Driver License, which does not count as a strike under the HTO statute.