State v. J.W., Walton County, Case No. 2015-MM-1427
N/AOUTCOME: The case was disposed of via pre-trial diversion on February 19, 2016.
The defendant was charged with battery.
Thomas Shawn Lupella's Legal Cases (83)
Fort Walton Beach, FL
Criminal defense Lawyer at Fort Walton Beach, FL
Practice Areas: Criminal Defense, DUI & DWI ... +9 more
State v. Y.N., Okaloosa County, Case No. 2015-MM-2821
N/AOUTCOME: Prosecution was deferred on the charge on September 3, 2015, and the charge was dropped on January 20, 2016, following the defendant’s completion of domestic violence education.
The defendant was charged with domestic violence battery.
State v. J.B., Santa Rosa County, Case No. 2015-MM-1360
N/AOUTCOME: The case was dropped by the state on November 10, 2015.
The defendant was charged with two counts of domestic battery.
State v. J.F., Okaloosa County, Case No. 2015-MM-1561
N/AOUTCOME: The charge was dropped by the state on June 18, 2015.
The defendant was charged with domestic violence battery.
State v. L.O., Okaloosa County, Case No. 2014-CF-2895
N/AOUTCOME: The case was dropped by the state on April 25, 2015.
The defendant was charged with aggravated assault with a deadly weapon without intent to kill.
State v. K.O., Okaloosa County, Case No. 2014-CF-2496
N/AOUTCOME: The case against the defendant was dropped on December 9, 2014.
The defendant was charged with aggravated assault with a deadly weapon without intent to kill.
State v. D.L., Okaloosa County, Case No. 2014-MM-2808
N/AOUTCOME: The case was dropped on November 3, 2014, following the defense’s filing of a motion to dismiss information.
The defendant was charged with battery causing bodily harm and contributing to the delinquency of a minor.
State v. M.S., Okaloosa County, Case No. 2014-CF-1932
N/AOUTCOME: The case was dropped by the prosecution on September 8, 2014.
This client was charged with two very serious felonies with 20 years of sentencing exposure. Count one was felony battery with a pregnant victim which as charged is a second-degree felony with a potent ... ial penalty of 15 years in prison. Count two was charged as felony battery, which is a third-degree felony with a possible penalty of 5 years in prison. To make matters worse, this client was also on felony probation at the time of the arrest for these new charges. The VOP added an additional 5 years of prison exposure, plus the classification as a violent felony offender of special concern. Facing a very difficult situation and a client desperate to get out of jail, we pushed forward. The new felony charges were defensible and could be won at trial, but we also needed to get her case to court—and before the judge as soon as possible. So we set her case for a hearing to set the bond, knowing that with violent felony offender of special concern classification, obtaining a bond was still a very tall order. However, in this scenario, as a criminal defense attorney, we have to be opportunistic for our clients, especially those in jail--with little hope. As the bond hearing approached, we reached a last-minute deal with the prosecutor in which the new charges would be completely dropped and she would be reinstated on her previous violation. And that is exactly how it turned out. On the court date, she was released from jail and any offender classifications or enhancements were avoided. We were also able to maintain a withhold of adjudication on the previous felony VOP case. This turned out to be a key detail (often overlooked by many attorneys) because she was able to avoid a formal felony conviction on her criminal record--and thus avoid the permanent label of being a convicted felon.
State v. M.U., Okaloosa County, Case No. 2014-CT-1546
N/AOUTCOME: The case was disposed of on August 13, 2014, with a $50 cost of prosecution.
When this client came to my office, he felt like the police officer was not being fair with him and he feared that the same thing could happen in front of a Judge. Looking back, I believe his fear was ... real. Being a middle-eastern immigrant, he had experienced some level of discrimination since moving to United States. When he asked me to help him with his case, I knew he needed a real advocate. The client was involved in a single vehicle car accident in Fort Walton Beach. It was during a rainstorm and his vehicle hit some standing water on the road and started to hydroplane. He slightly lost control of the vehicle and slid into a culvert drain on the side of the road where the water was pooling. When police arrived at the scene, they investigated my client and gave him two citations. One was a second-degree misdemeanor for failure to show proof of insurance. This was a criminal traffic offense. The second was a civil infraction for unlawful speed (too fast for road conditions). Once we were able to present his defenses on the misdemeanor charge, we were able to get that case dismissed without going to trial. As to the traffic case, it would have been easy to just pay the ticket and let it go, but we decided to take a stand and set the case for an infraction hearing. The defense attorney in me doesn’t like to give an inch when it comes to injustice, no matter how small. And the issue was so clear: How could the officer cite my client for speeding if he arrived after the accident-and after the fact. At the hearing, I made my argument and summarily moved to dismiss the case. The Judge agreed and rightfully dismissed the infraction. Afterwards, the client was very pleased and maybe a bit surprised—because with my representation, he had the advocate he needed and finally felt like he got a fair shake with the law.
State v. F.C., Walton County, Case No. 2016-CF-106
N/AOUTCOME: The case was disposed of on May 19, 2016, with pre-trial diversion.
The defendant was charged with child neglect without causing bodily harm.
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