Case Conclusion Date: 01.25.2007
Practice Area: Criminal Defense
Outcome: Nine Felony Charges Dismissed
Description: On December 19, 2006, Detectives at the Port St. Lucie Police Department sought nine (9) arrest warrants against M.M. in case numbers 2006 CF 6055 through 2006 CF 6063. The issuing magistrate signed the warrants, with bond amounts totalling $275,000.00. M.M. was arrested, and was required to post the bond. M.M. was charged with one (1) count of First Degree Grand Theft, four (4) counts of forgery, and (4) counts of uttering a forged instrument. The Grand Theft charge alone could result in a sentence of thirty (30) years prison, and the eight (8) remaining counts could place M.M behind bars for an additional forty (40) years. The allegations leading to M.M.'s arrest were completely false. M.M. was in the midst of a difficult divorce proceeding and custody fight. During the extended, acrimonious litigation, M.M.'s girlfried refinanced her house, and as a gift, placed M.M.'s name on the deed. In order to accomplish the refinancing, M.M.'s wife had to "sign off" on the refinancing papers (because she and M.M. were still married). The closing occurred uneventfully---with one (1) exception. M.M.'s wife refused to sit in the same room with M.M., insisting instead that she sign the closing documents in another room of the land title office. Four months later, in the midst of the ongoing contentious divorce lawsuit, M.M.'s wife filed a complaint with PSLPD, claiming she never signed her name to any of the documents at the closing four (4) months earlier. (Interestingly, the wife's divorce lawyer told M.M.'s divorce lawyer, immediately preceding the arrest, that M.M. had participated in some "illegal" activity). M.M. was arrested for Nine (9) felonies-------when he had not done anything wrong. M.M. hired Board Certified Criminal Trial Lawyer Jay Kirschner, who quickly reacted by getting access to all of the closing documents, including a copy of the wife's driver's license, which was shown to the closing agent at the time of the closing. Jay immediately contacted the State's Attorney's Office, and advised them of the attempted deception being perpetrated by M.M.'s wife, merely to gain some perceived "advantage" in the dissolution and custody fight. On January 25, 2007, the State of Florida filed it's No Information, dismissing all charges against M.M.