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Joshua David Zelman

Joshua Zelman’s Legal Cases

20 total


  • Avellone v. Avellone

    Practice Area:
    Family
    Date:
    Oct 15, 2007
    Outcome:
    Appellate Court affirmed ruling in client's favor
    Description:
    Mr. Zelman represented the former wife on appeal of a trial court ruling in her favor. Her former husband failed to tell her he cashed out a retirement plan during the marriage and the IRS sought to collect the unpaid taxes and penalties from both parties. Ultimately, the IRS granted her request and the entire debt was assigned to her former husband. While the IRS petition was pending, the Former Husband filed a motion for contempt, seeking to have the trial court rule that the wife's petition for innocent spouse relief violated the terms of the Marital Settlement Agreement ("MSA"). The trial court ruled that the Marital Settlement Agreement between the parties did not preclude the wife from seeking innocent spouse relief from the Internal Revenue Service ("IRS"). The First District Court of Appeal affirmed the trial court's decision and granted the former wife's motion for appellate attorneys' fees. On remand, the trial court failed to award the former wife all of the fees to which she was entitled and in a second appeal, the First District Court of Appeal directed the trial court to correct its error in the former wife's favor.
  • STATE OF FLORIDA V WILLIE COLSON

    Practice Area:
    Criminal Defense
    Date:
    May 09, 2008
    Outcome:
    VERDICT FORM: NOT GUILTY ON ALL COUNTS
    Description:
    Mr. Colson was charged with Kidnapping with Intent to Commit Bodily Harm or Terrorize with a Firearm (a Life Felony) and Aggravated Assault with a Firearm (a 3rd Degree Felony). The State alleged that Mr. Colson kidnapped his estranged wife, Cassandra Gardner (Antonio Cromartie's mother) from her home in Tallahassee, Florida and forced her to go with him to Perry, Florida. After a three day trial involving more than 20 witnesses, the jury found Mr. Colson not guilty on both counts.
  • State of Florida v. Robert M. Kelly

    Practice Area:
    Criminal Defense
    Date:
    Mar 04, 2009
    Outcome:
    Not Guilty
    Description:
    Mr. Kelly was charged with Attempted Second Degree Murder in a drug-related shooting that took place in Tallahassee, Florida on June 29, 2007. The State alleged that Mr. Kelly shot the 15 year-old victim in the back. However, the alleged victim contradicted himself multiple times in his testimony. Additionally, the State was unable to produce any credible evidence that Mr. Kelly was the person who actually shot the alleged victim. The trial culminated with the testimony of Mr. Kelly, who told the jury that he pulled his gun and fired one shot in the direction of the alleged victim, after he and another man, age 22, pulled a gun on him in an effort to rob him. Mr. Zelman was able to convince the jury that although the young victim was shot in the back, his actions left Mr. Kelly with no choice but to use deadly force.
  • State of Florida v. Cedric Jenkins

    Practice Area:
    Criminal Defense
    Date:
    Jun 05, 2008
    Outcome:
    Dismissed after Opening Statements
    Description:
    Mr. Jenkins was charged with two counts of Aggravated Assault with a Firearm, both of which carried mandatory minimum sentences of three years in prison. As a result of a prior conviction, Mr. Jenkins was also classified as a Prison Releasee Reoffender. Under this classification, if convicted at trial, the Court would be required to sentence him to five years in prison and he would ineligible for gain time. When the State continued the case on the eve of trial, Mr. Jenkins exercised his right to demand a speedy trial. The case proceeded to jury selection on June 2, 2008 and a jury was sworn. The following day, the State announced that they could not find the alleged victim and obtained a two-day continuance. When Mr. Zelman appeared in court on June 5, 2008, the State was forced to dismiss all charged against Mr. Jenkins because they could not find their witness. As a result of Mr. Zelman's advice, Mr. Jenkins was able to avoid the possibility of a lengthy prison sentence and walked out of court a free man.
  • State of Florida v. Elvia Matthew

    Practice Area:
    Criminal Defense
    Date:
    May 21, 2009
    Outcome:
    Not Guilty of Aggravated Assault with a Firearm
    Description:
    Mr. Matthew was arrested in October 2008 and charged with Aggravated Assault with a Firearm and Resisting Arrest without Violence. Shortly before trial, the State amended the charging document to add a charge of Possession of a Firearm by a Convicted Felon. The aggravated assault charge carried a mandatory minimum sentence of 20 years in prison. The possession of a firearm by convicted felon carried a 3 year mandatory minimum sentence. Mr. Zelman had the Court sever the possession of a firearm by convicted felon from the trial of the other two counts. The jury found Mr. Matthew not guilty of the Aggravated Assault charge. As a result of the way Mr. Zelman argued the case and the lesser charges on which he ensured the jury was instructed, he filed a Motion to Dismiss and Motion in Limine to prevent the State from presenting any evidence of the shooting in the second trial on the possession of a firearm by convicted felon count. The Court granted the motion and the State was left with no option but to dismiss the remaining count.
  • State of Florida v. Jonathan Dilmore

    Practice Area:
    Criminal Defense
    Outcome:
    Motion to Dismiss or Transfer: Granted in Part
    Description:
    Mr. Dilmore is charged with 2 counts of a attempted murder on a law enforcement officer with a firearm, burglary while armed with a firearm and aggravated fleeing. He is accused of breaking into a convenience store in Wakulla County, Florida and firing a shotgun multiple times. According to police reports, he then fled the scene and fired multiple shots at pursuing officers. The events leading to the 2 counts of attempted murder took place are alleged to have happened after Mr. Dilmore crossed into Leon County, Florida. As a result, Mr. Zelman filed a motion to dismiss or transfer venue. The State strenuously opposed the motion and argued that the State had the right to decide where to bringing charges. The Court disagreed and granted the motion. The two other counts against Mr. Dilmore remain pending in Wakulla County, while the 2 counts of attempted murder can be re-filed in Leon County.
  • State of Florida v. Michael Lott

    Practice Area:
    Criminal Defense
    Date:
    Feb 16, 2009
    Outcome:
    Dismissed before Trial
    Description:
    Mr. Lott was charged with Aggravated Assault with a Firearm. Since he was accused of firing the weapon, he faced a mandatory minimum sentence of 20 years if he were convicted. This case involved a shoddy investigation by the Wakulla County Sheriff's Office in which the alleged victim, Mr. Lott's wife, denied telling the police what was contained in the reports. Mr. Zelman presented the State with copies of the 911 call, as well as sworn statements from the victim, long before trial was set in the case. Once the State looked at the evidence compiled by Mr. Zelman, they dismissed all charges.
  • State of Florida v. Cedric Jenkins

    Practice Area:
    Criminal Defense
    Date:
    Jul 27, 2009
    Outcome:
    Dismissed on Motion to Dismiss
    Description:
    Mr. Jenkins was charged with Failing to Redeliver Leased Equipment. Florida law requires companies that rent equipment to include very specific language in the contract. In this case, the alleged victim, DJ Rents, a company in Tallahassee, Florida, did not include the language required by Florida law. Although the meaning of the language was the same, since the language differed from that required by law, Mr. Zelman filed a motion to dismiss. After reviewing the motion, the State agreed with Mr. Zelman and dismissed the case against Mr. Jenkins.
  • State of Florida v. Theresa Rew

    Practice Area:
    Criminal Defense
    Date:
    Nov 03, 2008
    Outcome:
    Dismissed at Jury Selection
    Description:
    Ms. Rew was accused of being involved with a group of criminal called the Felony Lane Gang. They would commit various property crimes to obtain people's wallets and check books. Once they had this information, they would recruit local individuals to cash the checks and use the credit cards to make purchases. The State believed Ms. Rew cashed a check at a local bank. However, she denied having ever been in Tallahassee prior to being arrested on the Tallahassee warrant while in another county jail. Mr. Zelman, on behalf of Ms. Rew, pushed this case to trial because the State's evidence failed to identify Ms. Rew beyond a reasonable doubt. When Ms. Rew declined the State's offer to time served, the charges were dismissed by the State.
  • State of Florida v. Betty Charles

    Practice Area:
    Criminal Defense
    Date:
    Jul 16, 2009
    Outcome:
    Felony Charge Dismissed
    Description:
    Ms. Charles was arrested in 2009 for events which allegedly took place in 2005. The State charged Ms. Charles with Fraudulent use of a Credit Card, which is a third degree felony. The warrant for Ms. Charles' arrest had been issued in July 2005. Although Ms. Charles had been pulled over several times for traffic citations, she was not arrested on the outstanding warrants until April 2009. Mr. Zelman filed a motion to dismiss, arguing that the State failed to commence prosecution of the felony before the statute of limitations expired. Before a hearing could be scheduled, the State conceded and dismissed the case.