Attorney Brandon Jon Rafool's Legal Cases

Family

CG v. JR 130 So3d 776

Jan 01, 2014

OUTCOME: Custody Awarded to My Client upheld by Appellate Court

HOLDINGS: [1]-A trial court did not err in placing a child with her legal father rather than her biological father based on the child custody factors set out in Fla. Stat. § 61.13(3) (2012), including ... the child's relationship with her half-siblings and the stability of her home with her legal father; [2]- Because the child was not born out of wedlock and paternity had been otherwise established as described in Fla. Stat. § 742.011, the presumption of legitimacy applied, even though the birth certificate was amended to reflect that the biological father was the child's father and he had entered an agreement to pay support for her; the agreement was invalid as against public policy.

Criminal defense

Nielson v. State, 984 So. 2d 587

Jun 06, 2008

OUTCOME: Affirmed

Overview: As written sentence did not state that inmate's sentences were to be served concurrently with other sentences, Department of Corrections properly followed § 921.16(1), Fla. Stat., by calculat ... ing his sentences to be served consecutively. Inmate could not claim sentence was illegal simply because transcript of 16-year-old sentencing hearing was lost.

Family

Smith v. Crider 932 So2d 393

Jan 01, 2006

OUTCOME: Reversed and Remanded in favor of My client

The District Court of Appeal, Altenbernd, J., held that: (1) father's motion did not support entry of an ex parte temporary injunction; (2) trial court's order failed to comply with rule governing in ... junctions; and (3) trial court's failure to provide mother with a prompt evidentiary hearing required it to dissolve its temporary order.

Criminal defense

Smith v. State, 835 So 2d 387

Jan 29, 2003

OUTCOME: Reversed, remanded lower sentence

Defendant was stopped by a police officer, and two plastic baggies of suspected methamphetamine were seized. The officer performed a field test on the contents and then, without weighing either of the ... baggies, poured the contents of the two baggies into one large bag. The bag with the suspected drugs was sent to a laboratory for testing. The appellate court held that the subsequent combining of the two baggies by the officer created a mixture containing methamphetamine that weighed more than the 14 grams required for a trafficking charge. However, the only evidence as to the contents of each of the baggies prior to mixing was the field test. Furthermore, there was no evidence as to the weight of the contents of either baggie. Therefore, the State failed to prove that defendant was in possession of the requisite amount of methamphetamine to support the armed trafficking charge. Smith v. State, 835 So. 2d 387, 387, 2003 Fla. App. LEXIS 762, *1, 28 Fla. L. Weekly D 332 (Fla. Dist. Ct. App. 2d Dist. 2003)

Criminal defense

Florida v. Robert Thomas

Jan 01, 2001

OUTCOME: Case Dismissed so My client won

United States Supreme Court - I was co-counsel at the USSC and Trial Counsel for the Defendant in a Constitutional Search and Seizure Case

Brandon Jon Rafool's Legal Cases (5)

CG v. JR 130 So3d 776

Nielson v. State, 984 So. 2d 587

Smith v. Crider 932 So2d 393

Smith v. State, 835 So 2d 387

Florida v. Robert Thomas