Attorney Joshua David Zelman's Legal Cases

Criminal defense

State of Florida v. Cedric Jenkins

Jul 27, 2009

OUTCOME: Dismissed on Motion to Dismiss

Mr. Jenkins was charged with Failing to Redeliver Leased Equipment. Florida law requires companies that rent equipment to include very specific language in the contract. In this case, the alleged v ... ictim, DJ Rents, a company in Tallahassee, Florida, did not include the language required by Florida law. Although the meaning of the language was the same, since the language differed from that required by law, Mr. Zelman filed a motion to dismiss. After reviewing the motion, the State agreed with Mr. Zelman and dismissed the case against Mr. Jenkins.

Criminal defense

State of Florida v. Betty Charles

Jul 16, 2009

OUTCOME: Felony Charge Dismissed

Ms. Charles was arrested in 2009 for events which allegedly took place in 2005. The State charged Ms. Charles with Fraudulent use of a Credit Card, which is a third degree felony. The warrant for M ... s. Charles' arrest had been issued in July 2005. Although Ms. Charles had been pulled over several times for traffic citations, she was not arrested on the outstanding warrants until April 2009. Mr. Zelman filed a motion to dismiss, arguing that the State failed to commence prosecution of the felony before the statute of limitations expired. Before a hearing could be scheduled, the State conceded and dismissed the case.

Criminal defense

State of Florida v. Elvia Matthew

May 21, 2009

OUTCOME: Not Guilty of Aggravated Assault with a Firearm

Mr. Matthew was arrested in October 2008 and charged with Aggravated Assault with a Firearm and Resisting Arrest without Violence. Shortly before trial, the State amended the charging document to add ... a charge of Possession of a Firearm by a Convicted Felon. The aggravated assault charge carried a mandatory minimum sentence of 20 years in prison. The possession of a firearm by convicted felon carried a 3 year mandatory minimum sentence. Mr. Zelman had the Court sever the possession of a firearm by convicted felon from the trial of the other two counts. The jury found Mr. Matthew not guilty of the Aggravated Assault charge. As a result of the way Mr. Zelman argued the case and the lesser charges on which he ensured the jury was instructed, he filed a Motion to Dismiss and Motion in Limine to prevent the State from presenting any evidence of the shooting in the second trial on the possession of a firearm by convicted felon count. The Court granted the motion and the State was left with no option but to dismiss the remaining count.

Criminal defense

State of Florida v. Robert M. Kelly

Mar 04, 2009

OUTCOME: Not Guilty

Mr. Kelly was charged with Attempted Second Degree Murder in a drug-related shooting that took place in Tallahassee, Florida on June 29, 2007. The State alleged that Mr. Kelly shot the 15 year-old vic ... tim in the back. However, the alleged victim contradicted himself multiple times in his testimony. Additionally, the State was unable to produce any credible evidence that Mr. Kelly was the person who actually shot the alleged victim. The trial culminated with the testimony of Mr. Kelly, who told the jury that he pulled his gun and fired one shot in the direction of the alleged victim, after he and another man, age 22, pulled a gun on him in an effort to rob him. Mr. Zelman was able to convince the jury that although the young victim was shot in the back, his actions left Mr. Kelly with no choice but to use deadly force.

Criminal defense

State of Florida v. Michael Lott

Feb 16, 2009

OUTCOME: Dismissed before Trial

Mr. Lott was charged with Aggravated Assault with a Firearm. Since he was accused of firing the weapon, he faced a mandatory minimum sentence of 20 years if he were convicted. This case involved a ... shoddy investigation by the Wakulla County Sheriff's Office in which the alleged victim, Mr. Lott's wife, denied telling the police what was contained in the reports. Mr. Zelman presented the State with copies of the 911 call, as well as sworn statements from the victim, long before trial was set in the case. Once the State looked at the evidence compiled by Mr. Zelman, they dismissed all charges.

Criminal defense

State of Florida v. Theresa Rew

Nov 03, 2008

OUTCOME: Dismissed at Jury Selection

Ms. Rew was accused of being involved with a group of criminal called the Felony Lane Gang. They would commit various property crimes to obtain people's wallets and check books. Once they had this in ... formation, they would recruit local individuals to cash the checks and use the credit cards to make purchases. The State believed Ms. Rew cashed a check at a local bank. However, she denied having ever been in Tallahassee prior to being arrested on the Tallahassee warrant while in another county jail. Mr. Zelman, on behalf of Ms. Rew, pushed this case to trial because the State's evidence failed to identify Ms. Rew beyond a reasonable doubt. When Ms. Rew declined the State's offer to time served, the charges were dismissed by the State.

Criminal defense

State of Florida v. Anne Schneider

Sep 10, 2008

OUTCOME: Sale of Cocaine charge Dismissed

The State charged Ms. Schneider with Sale of Cocaine. The only evidence the State had against her was that her vehicle was identified outside of the crack house where the sale was alleged to have take ... n place and the confidential informant was shown a single photograph of her. Mr. Zelman filed a motion to suppress the in-court and out of court identification, arguing that the method use to conduct the identification by law enforcement was improper and tainted the witness' memory to the extent it should not be admitted at trial. Upon receipt of the motion and after extensive discussion with the State, the State dismissed the charge the day of the hearing on the motion.

Criminal defense

State of Florida v. Cedric Jenkins

Jun 05, 2008

OUTCOME: Dismissed after Opening Statements

Mr. Jenkins was charged with two counts of Aggravated Assault with a Firearm, both of which carried mandatory minimum sentences of three years in prison. As a result of a prior conviction, Mr. Jenkins ... was also classified as a Prison Releasee Reoffender. Under this classification, if convicted at trial, the Court would be required to sentence him to five years in prison and he would ineligible for gain time. When the State continued the case on the eve of trial, Mr. Jenkins exercised his right to demand a speedy trial. The case proceeded to jury selection on June 2, 2008 and a jury was sworn. The following day, the State announced that they could not find the alleged victim and obtained a two-day continuance. When Mr. Zelman appeared in court on June 5, 2008, the State was forced to dismiss all charged against Mr. Jenkins because they could not find their witness. As a result of Mr. Zelman's advice, Mr. Jenkins was able to avoid the possibility of a lengthy prison sentence and walked out of court a free man.

Criminal defense

STATE OF FLORIDA V WILLIE COLSON

May 09, 2008

OUTCOME: VERDICT FORM: NOT GUILTY ON ALL COUNTS

Mr. Colson was charged with Kidnapping with Intent to Commit Bodily Harm or Terrorize with a Firearm (a Life Felony) and Aggravated Assault with a Firearm (a 3rd Degree Felony). The State alleged that ... Mr. Colson kidnapped his estranged wife, Cassandra Gardner (Antonio Cromartie's mother) from her home in Tallahassee, Florida and forced her to go with him to Perry, Florida. After a three day trial involving more than 20 witnesses, the jury found Mr. Colson not guilty on both counts.

Family

Avellone v. Avellone

Oct 15, 2007

OUTCOME: Appellate Court affirmed ruling in client's favor

Mr. Zelman represented the former wife on appeal of a trial court ruling in her favor. Her former husband failed to tell her he cashed out a retirement plan during the marriage and the IRS sought to c ... ollect the unpaid taxes and penalties from both parties. Ultimately, the IRS granted her request and the entire debt was assigned to her former husband. While the IRS petition was pending, the Former Husband filed a motion for contempt, seeking to have the trial court rule that the wife's petition for innocent spouse relief violated the terms of the Marital Settlement Agreement ("MSA"). The trial court ruled that the Marital Settlement Agreement between the parties did not preclude the wife from seeking innocent spouse relief from the Internal Revenue Service ("IRS"). The First District Court of Appeal affirmed the trial court's decision and granted the former wife's motion for appellate attorneys' fees. On remand, the trial court failed to award the former wife all of the fees to which she was entitled and in a second appeal, the First District Court of Appeal directed the trial court to correct its error in the former wife's favor.

Joshua David Zelman's Legal Cases (31)

State of Florida v. Cedric Jenkins

State of Florida v. Betty Charles

State of Florida v. Elvia Matthew

State of Florida v. Robert M. Kelly

State of Florida v. Michael Lott

State of Florida v. Theresa Rew

State of Florida v. Anne Schneider

State of Florida v. Cedric Jenkins

STATE OF FLORIDA V WILLIE COLSON

Avellone v. Avellone