Attorney Brian Hobbs Mallonee's Legal Cases

DUI and DWI

Resisting Arrest & Disorderly Intoxication - State v. J.D., Case No. 18-MM-2605

Dec 27, 2018

OUTCOME: Charges Dropped

Our client was accused of “becoming belligerent” by the police while they were questioning her about who was driving a vehicle that was allegedly involved in a DUI traffic crash. The police claimed th ... ey “smelled alcohol” and that she tried to walk away from them after they instructed her not to. Either the police don’t know the law or they just didn’t care — because it is not illegal to raise your voice after you’ve had a few drinks and then walk away from the police when your not being legally detained. Our client was not under arrest and did not want to speak to the police about this alleged vehicle crash that took place near her home. She exercised her right not to be cooperative with the police and they arrested her for it. We promptly pulled the most significant, recent and on-point Florida case law and sent it over to the prosecutor on the case and after a long conversation with her about the case, she agreed to file the appropriate paperwork indicating that both charges were dropped.

DUI and DWI

DUI TRIAL — State v. G.L.; Case No. 18-CT-765

Jul 25, 2018

OUTCOME: ANOTHER NOT GUILTY VERDICT!

DUI and Reckless Driving charges. Client was doing 93 mph in 45 mph zone, weaving in and out of traffic over the twin bridges on Port St. Lucie Blvd. in Port St. Lucie, Florida. Cop pulled him over a ... nd the client essentially refused to speak, refused to submit to the field sobriety exercises, and refused the breath test. We argued that it’s the governments obligation to prove its case and that our client was under no obligation to submit to all the ridiculous DUI exercises that police officers insist on putting people through. The state tried their usual arguments about ‘consciousness of guilt’, but they didn’t work. Our cross examination of the police officer did them in. The jury did find the client guilty of reckless driving, a far less serious offense than DUI. Not Guilty on the DUI, for our 2nd DUI Not Guilty verdict this month.

Sex crime

Capital sexual battery - State v. A.M.; Case No. 562008CF004630 (Saint Lucie County)

Apr 01, 2011

OUTCOME: Not Guilty All Counts

Our client was being accused of improperly touching a 6 year old, including allegations of oral penetration with the alleged victim. The stakes were high mandatory life without parole if convicted. The ... defense team included lead trial counsel Brian Mallonee, co-counsel Jay Kirschner, an expert witness, and an excellent support staff. Getting an expert involved in cases like these can prove to be very useful. Through our expert’s testimony we were able to demonstrate that the original interview with the child was flawed, and may have contaminated the integrity of the child’s accusations. We were also able to effectively point out inconsistencies in the child’s testimony during cross-examination. We accomplished this by having the child’s previous video testimony segmented out on our computer program and ready to fire up at a moments notice. The child was eventually at a loss for words when we asked him to explain his prior inconsistent statements that were played for him in open court. It didn’t hurt that the police investigation was outright non-existent. And as icing on the cake, we had a financial dispute between the child’s mother and our client, and an audiotape of a voice message from the mother new boyfriend that indicated a willingness to do whatever it took to put our client in prison for the rest of his life. This tape recording was date stamped less than two months from the date the child made up his story about our client touching him. We argued to the jury that this was just too convenient, and that they could not dismiss the sinister possibility that this story was imprinted into the child’s head by the new boyfriend to the point where the child actually believed it to be true.

Sex crime

Outright acquittal on federal child pornography charges State v. W.B.; Case No.: 08-14010-CR-GRAHAM (SDFLA)

Jul 28, 2008

OUTCOME: Not Guilty on both counts

Arresting Agency: Federal Bureau of Investigation. Case Summary: Other occupant could have been the person behind the keyboard when the child pornography was downloaded, viewed, and saved on the comput ... er. We were also able to show that once this other occupant moved out, the pornographic activity on the computer came to a screeching halt. We kept the jury from viewing innocent, yet potentially prejudicial and irrelevant photographs of my client and his granddaughter. Our cross-examination of the FBI agents completely dismantled the government’s case. We unabashedly called out the FBI and it’s poor and incomplete investigation. They never saw it coming. After a week long trial that ended on a Friday afternoon, Brian Mallonee and his client sat across from two seasoned federal prosecutors and an FBI Agent awaiting the unanimous verdict.

Brian Hobbs Mallonee's Legal Cases (4)

Resisting Arrest & Disorderly Intoxication - State v. J.D., Case No. 18-MM-2605

DUI TRIAL — State v. G.L.; Case No. 18-CT-765

Capital sexual battery - State v. A.M.; Case No. 562008CF004630 (Saint Lucie County)

Outright acquittal on federal child pornography charges State v. W.B.; Case No.: 08-14010-CR-GRAHAM (SDFLA)