Attorney Robert David Malove's Legal Cases

Appeals

Case Reversed and Remanded for Re-Sentencing for Ineffective Assistance of Appellate Counsel

Apr 29, 2019

OUTCOME: Petition for Writ of Habeas Corpus Granted for Ineffective Assistance of Appellate Counsel

Our client was sentenced incorrectly because his trial counsel and appellate lawyer failed to catch a HUGE mistake on his Florida Criminal Punishment Code scoresheet. A multiplier that did not apply t ... o him was included in our client's scoresheet, effectively doubling his sentencing points. Our team discovered the error that his lawyers overlooked and we filed a Writ of Hapeas Corpus of appellate counsel. In a published opinion, the First District Court of Appeal agreed with us and vacated our client's sentence and remanded the case to the trial court for a new sentencing using a corrected scoresheet.

Appeals

Success on 3.850 Post-Conviction Motion

Apr 26, 2019

OUTCOME: Florida 2nd District Court of Appeal Issues Show Cause Order for 3.850 Motion

On April 26, 2019, the Florida 2nd District Court of Appeal issued a show cause order in Patrick Gammage v. State of Florida. Our client, Patrick Gammage was convicted of 3 counts of jury tampering an ... d sentenced to three consecutive five year prison terms for a total sentence of 15-years in prison. Mr. Gammage appealed his conviction and lost. Then Mr. Gammage hired my firm to file a motion for post-conviction relief pursuant to Rule 3.850 of the Florida Rules of Criminal Procedure. In our motion, we argued that the statute under which Mr. Gammage was convicted of violating only permitted one conviction, not three, and that the sentence imposed violated the protection against double jeopardy. The Court of Appeal ruled that it appears that Mr. Gammage is entitled to be resentenced, but gave the State 30-days to respond. We expect at leat 10-years in prison to be shaved off of Mr. Gammage's sentence. Stay tuned...

Domestic violence

Stalking Injunction Dismissed!

Nov 27, 2018

OUTCOME: DV Injunction DISMISSED!

My client was the sales manager of a successful electronics company. My client engaged his sales representative in an inappropriate conversation, some of which was online. The conversation was filled ... with sexual innuendos and unprofessional statements made by both parties. The sales rep filed a petition for protection against stalking. After an internal investigation, both parties were fired. I was able to expose the sales rep as a fraud who was seeking a BIG pay day from their employer. When the case was reconvened after a 30day reset, the petitioner requested that his petition be dismissed. Case OVER!

Criminal defense

State Drops Case Against Cab Driver

Apr 22, 2015

OUTCOME: Case Dropped!

My client was charged with leaving the scene of an accident with a fatality. The evidence was weak and fell way short of being able to prove that my client knew or should have known that he was involv ... ed in a fatal accident. After laying out my case for the State Attorney, the case was dropped

Criminal defense

Prosecutor Dismisses All Charges!

Apr 21, 2015

OUTCOME: Case Dismissed!

I was hired by the rabbi of a very prominent synagogue to represent a taxi cab driver who was charges with leaving the scene of an accident with a fatality. After carefully researching and investigatin ... g the case, it was clear that an innocent man had been wrongfully accused of a crime that he did not commit. Over a period of a year and a half, I worked hard and was finally able to convince the prosecutor that the true perpetrator of this crime was still at large in the community and that the authorities had charged the wrong person. Finally, the State agreed and abandoned all charges. Here's the newspaper article: http://www.sun-sentinel.com/news/crime/fl-cabbie-hit-run-dropped-charge-20150421-story.html

Federal crime

Another successful result!

Dec 03, 2014

OUTCOME: Probation

Client was charged with extortion in federal court. The evidence was bad, very bad. The client sent a bag man with a throw away phone to collect money. We were dead in the water. My client was faci ... ng jail for sure. Thankfully, through some creative legal maneuvers, prison was avoided.

Criminal defense

Burglary, not!

May 22, 2013

OUTCOME: Case dismissed!

Client was present in the backyard with others when an acquaintance hid the key to her home. One of the other people who was there came back later, stole the key, went in the house and stole money and ... jewelry. Later this guy gave $500 to my client for "his take." My client was eventually overcome with guilt and told the cops he wasn't there, but got paid $500 by the burglar. He explained that the $500 was hush money. The cops arrested him anyway. We investigated the case and convinced the prosecutor to drop the charges.

DUI and DWI

State of Florida v. D.E.

N/A

OUTCOME: NOT GUILTY!

Client, a software developer, was stopped for fleeing and eluding a law enforcement officer. The arresting officer, a major in the police department, smelled the odor of alcohol. Client performed fie ... ld sobriety exercises which the officer said indicated impairment. Client took a breath test with a .134 result, and requested an independent blood test which was ignored. The breath test was excluded from evidence. At trial, Mr. Malove discredited the reliability of the field sobriety exercises and rendered the police officer's testimony entirely unworthy of belief. The jury returned within minutes after starting their deliberations.

Health care

Florida Board of Medicine v. M.V

N/A

OUTCOME: NO CRIMINAL CHARGES FILED!

Client, a Physician's Assistant, foolishly provided a presigned prescription for Vicodin to his girlfriend's sister. The pharmacist thought something was amiss and notified the authorities. Client wa ... s confronted by investigators and invoked his right to remain silent. Client contacted attorney Malove who negotiated a resolution that called for minor discipline by the Board of Health. Client retained his PA license.

Federal crime

USA v. A.M.

N/A

OUTCOME: Motion for Downward Departure GRANTED!

Client was a M.D. who while working in a pain clinic continued to prescribe narcotics to a patient who was no longer in pain. Client was aware that the patient was diverting narcotics to his girlfrien ... d. The patient turned out to be an undercover DEA agent and client was busted. The US Sentencing Guidelines called for a sentence of 46-57 months. Attorney Malove convinced the judge to grant his request for a downward departure and doctor was sentenced to less than half of what was recommended.

Robert David Malove's Legal Cases (10)

Case Reversed and Remanded for Re-Sentencing for Ineffective Assistance of Appellate Counsel

Success on 3.850 Post-Conviction Motion

Stalking Injunction Dismissed!

State Drops Case Against Cab Driver

Prosecutor Dismisses All Charges!

Another successful result!

Burglary, not!

State of Florida v. D.E.

Florida Board of Medicine v. M.V

USA v. A.M.