Attorney A. Jay Fowinkle's Legal Cases

Sex crime

Lewd & Lascivious Battery; Lewd & Lascivious Molestation

May 24, 2018

OUTCOME: Plea to Lesser Offense of Felony Battery with a Withhold of Adjudication. No Sexual Offender Status; No felony conviction; No jail; 8 years probation with option to early terminate.

Client charged with 3 counts of Lewd & Lascivious Battery and 1 count Lewd & Lascivious Molestation for inappropriate contact and penetration with a younger step-brother. Client facing more than 20 ye ... ars (mandatory) in prison, being a convicted felon for the rest of his life, and being designated a sexual offender the rest of his life.

Litigation

Injunction - Repeat Violence & Stalking

May 21, 2018

OUTCOME: Dismissal of both Injunctions

Husband & Wife received Injunctions for Repeat Violence and Stalking for allegedly spitting on a neighbor and former friend at their daughter's dance studio.

Child abuse

Aggravated Child Abuse by Malicious Punishment

Nov 16, 2016

OUTCOME: Trial - Not Guilty

Client charged 1st degree felony Child Abuse alleging that he repeatedly hit his step-daughter with a shoe, causing bruises all over her body. Client facing mandatory prison and being a convicted felo ... n.

Criminal defense

Juvenile Lewd & Lascivious Battery

Mar 31, 2015

OUTCOME: Deferred Prosecution (to result in dismissal)

Juvenile client was charged with L&L Battery on a minor less than 6 years old. A united plan was put in place with my client, the victim's family, the State Attorney's Office and a licensed mental hea ... lth counselor. The end result is a dismissal of all charges.

Criminal defense

Driving While License Suspended (Habitual Traffic Offender)

Jul 30, 2014

OUTCOME: Withhold of adjudication and a fine.

My client was charged with Driving While License Suspended (Habitual Traffic Offender), a 3rd degree felony charge. The State Attorney was seeking a year and a day in prison and a 5 year driver's li ... cense suspension. I went through my client's driving record and determined what he needed to do go get his license valid. After his hard work we were able to walk into court with his valid driver's license. Instead of dealing with the State Attorney and their ridiculous offer, I asked the Judge for a withhold of adjudication and a minimal fine. The Judge was impressed that my client was able to get his license back and granted our request. My client was facing prison with a five year driving suspension, and walked away with a withhold of adjudication and a fine.

Criminal defense

Burglary of a dwelling (with a firearm) + more

Aug 30, 2012

OUTCOME: Not Guilty on 4 of the 6 charges

My client was picking up people who had violated their bond conditions when he was charged with: Burglary of a dwelling (with a firearm); Armed trespassing; Impersonating a Law Enforcement Officer; Ki ... dnapping; Open Carry of a Firearm; Practicing as an Unlicensed Bail Bond agent. He was facing a very lengthy prison sentence, and his offer going into trial was a reduced sentence of 5 years in prison. We rejected the offer and went to trial. The jury found my client not guilty of everything except the open carry of a firearm (a misdemeanor) and Practicing as an Unlicensed Bail Bond agent. He received a probation sentence.

Criminal defense

Lewd & Lascivious Molestation

Jun 01, 2012

OUTCOME: Not Guilty

Grandfather client was charged with L&L Molestation of his 5 year old granddaughter. We knew fairly early into the case that the victim was being coached by her mom and grandmother. However, it was n ... ot until cross-examination of grandmother during trial before the State Attorney started to realize the victim may have been coached. But, instead of doing the right thing and dumping the case, the state attorney had to wait only 30 minutes for the jury to come back Not Guilty on all charges.

Criminal defense

DUI on a bicycle

May 31, 2009

OUTCOME: Not Guilty

I took this DUI on a bicycle case to trial even though in Florida a bicycle is legally defined as a vehicle and the bicyclist is a driver. My client was extremely intoxicated and blew over 3 times the ... legal limit. He told officers he knew he was drunk and instead of getting into his car he decided to ride his bicycle instead. The jury took less than 10 minutes to come back with their decision - not guilty.

Criminal defense

Insurance Fraud case

Oct 01, 2007

OUTCOME: Dismissed

I represented a Haitian couple on charges of Insurance Fraud involving an alleged scheme of allowing their vehicle to crash and sink into a canal. Not only were they facing 2nd degree felony charges, ... but this particular charge carried a minimum mandatory 2 year prison sentence if convicted. Neither law enforcement nor the investigators within the Insurance Fraud division of the State of Florida ever investigated the clients claim that the brakes had failed. We were able to get an expert to show the vehicle's brakes did, in fact, malfunction - and ultimately had the entire case dismissed.

Criminal defense

Burglary of a Dwelling

Apr 30, 2007

OUTCOME: Not guilty on the Burglary charge.

My client was caught in a neighbor's house in the middle of the night going through a chest-of-drawers. During trial we were able to point out that my client was delusional, mentally unstable, and did ... not have the required intent to commit a crime inside the home. He was facing 15 years in prison for this 2nd degree felony and the jury came back on a misdemeanor trespassing conviction.

A. Jay Fowinkle's Legal Cases (10)

Lewd & Lascivious Battery; Lewd & Lascivious Molestation

Injunction - Repeat Violence & Stalking

Aggravated Child Abuse by Malicious Punishment

Juvenile Lewd & Lascivious Battery

Driving While License Suspended (Habitual Traffic Offender)

Burglary of a dwelling (with a firearm) + more

Lewd & Lascivious Molestation

DUI on a bicycle

Insurance Fraud case

Burglary of a Dwelling