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Lori Doganiero Palmieri

Lori Palmieri’s Legal Cases

47 total


  • Vehicular Homicide verdict of misdemeanor Reckless Driving, reversed on appeal

    Practice Area:
    Criminal Defense
    Date:
    Aug 21, 2008
    Outcome:
    Plea to Reckless Driving, Withold and court costs
    Description:
    This client was involved in a tragic traffic accident. The other driver suffered non life-threatening injuries, but died 8 days later after decompensating in the hospital from a number of pre-existing serious medical conditions. My client was later charged with vehicular homicide and manslaughter, facing a potential 15 years in prison. Florida's DMV suspended his license for just being charged for the crimes. My client was out on bond under very strict conditions, including no driving. The week before trial the state offered a very light non-prison sentence for a plea. We were adamant that this was a terrible accident, but that no crime had occurred. We went to trial 15 months later and the jury found him guilty of lesser included misdemeanor offenses of reckless driving and culpable negligence. We believed a number of errors were made by the trial court and appealed that verdict. The 2nd District Court of Appeals reversed and remanded the case back to the trial court on the misdemeanor offenses only. After the appellate decision, the state offered a withhold of adjudication and court costs for a plea of no contest to the reckless driving count, a 2nd degree misdemeanor. After over three years, my client has concluded this matter and is fully licensed again. It was a very hard fought case on both sides. I give a lot of credit to my client for persevering in the face of such adversity. The system worked for him but others are not so fortunate.
  • Felony Drug Arrest no-filed after State couldn't prove constructive possession

    Practice Area:
    Criminal Defense
    Outcome:
    State declined to file charges after arrest
    Description:
    My client was driving a vehicle and stopped for improperly wearing his seatbelt. A odor of marijuana provided the basis for a search by police. The back seat passenger dropped marijuana from his person. A further search of the car revealed cocaine in the backseat the scales and marijuana in a bag on the front seat near the passenger. Because of how the drugs were packaged, all 3 men were charged with Possession of Cocaine with Intent to Sell or Deliver; Possession of Marijuana with intent to sell or deliver and possession of paraphernalia. I provided a legal memorandum outlining the relevant case law regarding joint, constructive possession of narcotics to the State. After a thorough review, they determined that they could not carry their burden of a knowing possession by my client with an ability to exercise dominion and control over the drugs. The case was no-filed.
  • No Aggravated Battery charges filed.

    Practice Area:
    Criminal Defense
    Date:
    Sep 15, 2009
    Outcome:
    The State declined to file charges
    Description:
    My client and his property were threatened by his ex-girlfriend's current boyfriend. When the client returned to his home, he found the boyfriend there. The boyfriend was considerably bigger than client. Client armed himself with a bat for protection. Without getting into a physical conflict, client and his present girlfriend tried to leave the premises. The boyfriend came out the bathroom window, caught my client in the front yard and struck him with a fist to his forehead. Client protected himself by swinging the bat. My client was arrrested for Aggravated Battery with a Deadly Weapon. We provided two defense witnesses to the state who witnessed the boyfriend as the initial aggressor. The State advised they were going to file the charges, however, after taking a sworn statement from the defense witnesses, the charge was no-filed by the State. The client is eligible to get this charge expunged.
  • Bond Trader not charged with Agg Battery on Pregnant Girlfriend

    Practice Area:
    Criminal Defense
    Date:
    Mar 16, 2009
    Outcome:
    State declined to file charges.
    Description:
    My client was arrested for aggravated battery, pregnant female for allegedly striking his girlfriend. He is a successful businessman and the victim was apparently after money. Once client was arrested and removed from the home, she cleaned out all of his electronics. She made contradictory statements to friends and relatives about the incident. Despite her statements to the contrary, we were able to get phone records to prove that she had made about 35 phone calls during the time that client was allegedly terrorizing her. Her character was less than stellar and finally the State declined to file charges against my client. He is eligible to expunge this record.
  • No Agg Assault Deadly Weapon Charges for Soccer Player

    Practice Area:
    Criminal Defense
    Outcome:
    The State declined to file any charges.
    Description:
    My client was in a soccer league. A member of the opposing team was acting unprofessionally and against game rules. The two men had words on the field and later were removed from the game. As they both walked to their cars in the parking lot, my client was barraged with verbal abuse from the other player. Because of the reputation for violence of the other player, my client retrieved a knife from his car. He kept it behind his back when he turned toward the opposing player who was threatening my client with violence. Later, my client was arrested for Aggravated Assault with a Deadly Weapon. We were able to find another player watching the incident to refute the alleged victim's account that my client assaulted him with the knife. It is a classical example of the need to get counsel before the state makes a filing decision. It is much easlier to impact the decision before a charge is filed than after.
  • State declines to file sexual battery charge

    Practice Area:
    Criminal Defense
    Outcome:
    Sex Battery charge no-filed
    Description:
    My client was charged with sexual battery. He was called to a friend's apartment and present was an overly sexually aggressive woman. They had a few beers together and the woman wanted to have sex. After a brief consensual encounter, the alleged victim called the police and cried rape. My client was arrested and held in custody until we could get a reasonable bond. Thereafter, we were able to identify the vicitm, discover she had made statements earlier that she would have sex with someone to get back at her husband and her account of what occurred was refuted by her friend. The State determined she was not credible and they could not overcome their burden of proving this was anything other than a consensual encounter.
  • School Teacher acquitted on battery against two students

    Practice Area:
    Criminal Defense
    Outcome:
    Not Guilty Verdict
    Description:
    My client was a school teacher charged with allegedly touching the buttocks and breasts of two female students in gym class. We went to trial and demonstrated that not only were the two girls best friends and had laughed about the allegations, but there was physically no place or time they were left unsupervised during school when this was alleged to have occurred. Both girls were failing gym class which client taught and were trying to cover for their bad performance and bad grades. The jury returned a swift not guilty verdict.
  • Zero federal prison time in Oxycodone Conspiracy

    Practice Area:
    Criminal Defense
    Outcome:
    Supervision only for federal oxycodone client
    Description:
    My client was charged in federal court in MDFL with conspiracy to distribute Oxycodone. He only participated about 5 months in a much broader conspiracy. He elected to cooperate with state and federal authorities. His cooperation was extraordinary as were his personal history and characteristics. Unfortunately, during the course of his cooperation his identity was compromised and he received death threats. Because of his work, 16 people were arrested and indicted. The government only recommended a very small sentence reduction for his cooperation of 6 levels off his guideline of 57 to 73 months. I asked the District Judge to give him 1 level for each defendant he helped to bring to justice. In all, the Court departed 16 levels and sentenced my client to 5 years of supervision with 6 months of home detention. The client will not spend a day in prison despite initially facing over 5 years in custody.
  • Successful Motion to Suppress guts 165 count information in State Court

    Practice Area:
    Criminal Defense
    Outcome:
    165 counts thrown out after Mtn to Suppress
    Description:
    My client was from out of state, but traveled through Hillsborough County issuing fake business checks to a now bankrupt major store chain. He purchased merchandise with the fake checks, then went to another location and returned the item for a cash refund. He was captured in a Tampa hotel with 165 fraudulent checks, check making equipment and evidence linking him to similar activity in other jurisdictions. The problem was that the police searched his hotel room without consent and without a search warrant. A Motion to Suppress the illegal search resulted in all charges related tot he search being dismissed. The client was facing decades in prison and went home having pled to a felony count of grand theft without being convicted and got off probation early.
  • Mother avoids 20 year fed prison term after child overdose on Oxycodone

    Practice Area:
    Criminal Defense
    Date:
    Oct 14, 2010
    Outcome:
    15 years instead of 20 minimum to life
    Description:
    Mother of 4 who crushed and snorted oxycodone with minor son resulting in his death avoids minimum mandatory 20 years. The client chose to cooperate against her co-defendant husband providing substantial assistance to the government. Client's mitigation of psychological problems as well as having been the victim of domestic abuse contributed to lessening her sentence in this very serious and disturbing case.