Brian Lee Michael Balaguera

Brian Lee Michael Balaguera's Legal Cases (10)

West Palm Beach, FL

Criminal defense Lawyer at West Palm Beach, FL

Practice Areas: Criminal Defense, Appeals ... +5 more

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Criminal defense

Client’s name withheld per client’s request and for confidentiality purposes

Nov 17, 2011

OUTCOME: Dismissed

Client was charged with driving under the influence. Client faced a maximum of 6 months in jail and a lengthy driver license suspension if convicted. Mr. Balaguera successfully challenged and overturn ... ed client’s license suspension at the Department of Motor Vehicle hearing after client was initially arrested. Client advised police they consumed alcoholic beverages after being stopped. Mr. Balaguera filed a motion to suppress and claimed the police unlawfully stopped client’s car under the 4th Amendment. The court agreed and all charges and accompanying traffic infractions were dismissed.

Criminal defense

Client’s name withheld per client’s request and for confidentiality purposes

Sep 19, 2011

OUTCOME: Case dismissed

Client was charged with burglary of a dwelling, grand theft and 6 counts of violation of probation. Making matters worse, client was on probation for six cases. When combining client’s two new charge ... s and all of his violation of probation charges, client was facing a maximum of over 50 years in prison with a minimum of approximately 10 years in prison pursuant to state sentencing guidelines. All charges were dismissed and client was reinstated on probation. Mr. Balaguera used DNA evidence to exonerate client. Mr. Balaguera’s aggressive and tactical efforts demonstrated the inconsistencies in the state’s case and led to a lost piece of evidence being located for crucial DNA testing.

Criminal defense

Client’s name withheld per client’s request and for confidentiality purposes

Apr 07, 2011

OUTCOME: Dismissed

Client was charged with burglary of a dwelling. Client faced up to 15 years in prison if convicted. Mr. Balaguera’s demonstrated the evidence was a classic case of misidentification. Mr. Balaguera’ ... s office obtained a sworn statement from the state’s main eye witness who claimed that he saw an African American male break into the home in question and that he did not recognize client from his booking photo. Mr. Balaguera’s client was not African American and was instead a very light skinned Hispanic male. As a result, client’s case was dismissed.

Criminal defense

Client’s name withheld per client’s request and for confidentiality purposes

Dec 11, 2009

OUTCOME: Case Dismissed

Client was charged with domestic battery. Client faced a maximum of one year in jail if convicted. Charge was dismissed after Mr. Balaguera investigated online social media outlets and pointed the pros ... ecution to conflicting and contradicting statements that displayed jealousy and a motive to ruin client’s reputation and livelihood.

Criminal defense

Client’s name withheld per client’s request and for confidentiality purposes

Mar 13, 2009

OUTCOME: Dismissed

Client was charged with aggravated battery with a deadly weapon. Client faced a maximum of 15 years in prison if convicted. Law enforcement failed to act in a timely manner and because of law enforceme ... nt’s delay, client was unable to effectively present defense witnesses and defense evidence. As a result, Mr. Balaguera filed a motion to dismiss and the court case dismissed all charges failure of prosecution to act withing the statute of limitation. (Time period prosecution has to file charges)

Criminal defense

Client’s name withheld per client’s request and for confidentiality purposes

Oct 02, 2007

OUTCOME: Client found Not Guilty

Client was charged with driving under the influence. Client faced a maximum of 6 months in jail, and a lengthy driver license suspension if convicted. Client admitted to police that he consumed 7 beers ... , two shots of liquor, and that he had smoked marijuana. Mr. Balaguera took client’s case to trial and the jury acquitted client of driving under the influence.

Criminal defense

Client’s name withheld per client’s request and for confidentiality purposes

Sep 25, 2007

OUTCOME: Client found Not Guilty

Client was charged with driving under the influence. Client faced a maximum of 9 months in jail and a lengthy driver license suspension if convicted. Client rear ended a police car and the police claim ... ed client reeked of alcohol, had bloodshot eyes, and slurred speech. Mr. Balaguera took client’s case to trial. The client was found not guilty

Criminal defense

Client’s name withheld per client’s request and for confidentiality purposes

Jan 18, 2007

OUTCOME: Client found Not Guilty

Client was charged with domestic battery. Client faced up to 1 year in jail if convicted. Based on investigative efforts and thorough questioning of the alleged victim, Mr. Balaguera was able to discov ... er that the alleged victim had several stories as to how the incident took place. Mr. Balaguera took client’s case to trial and the jury found client not guilty.

Criminal defense

Client’s name withheld per client’s request and for confidentiality purposes

N/A

OUTCOME: Dismissed

Client, a juvenile, was charged with burglary of a conveyance and petit theft. Client faced up to 16 years in prison if convicted and sentenced as an adult. Mr. Balaguera’s zealous efforts of highlig ... hting the inconsistencies in the state’s case, alleged victim’s description, and lack of physical evidence left at the scene led to all charges being dismissed.

Criminal defense

Client’s name withheld per client’s request and for confidentiality purposes

N/A

OUTCOME: Probation

Client was arrested for trafficking marijuana and as a result, faced a minimum mandatory sentence of three years in prison and a maximum of 60 years in prison if convicted. Law enforcement had a search ... warrant to search the home in question and obtained confessions and statements that pointed guilt in the direction of client. Client did not go to prison, did not serve a day in jail and received a probation sentence with the option of early termination of his/her probation.

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