South Miami, FL
Criminal defense Lawyer at South Miami, FL
Practice Areas: Criminal Defense, Immigration ... +4 more
OUTCOME: Nolle Prossed
Client was charged with Possession of Alcohol by a Minor after he was allegedly caught with a Four Loko in his bag at South Beach. E.J. Hubbs obtained the discovery from the State and set the case for ... a jury trial. E.J. informed Client of a possible motion to suppress the search of his bag, however, on the day of trial, the State was unprepared and forced to nolle prosse the case.
OUTCOME: Nolle Prossed
Client pled guilty in 2012 to one count of Grand Theft and Contracting without a License. In 2017, Client left the country to see his father in his home country. Upon his return to the United States, I ... mmigration detained him and placed him in removal proceedings. Client’s family hired Hubbs Law for both the removal case and to attempt to vacate the underlying criminal conviction which Immigration was alleging made him deportable. E.J. filed a motion to vacate plea on Client’s behalf and was able to persuade the prosecutor to concede to the motion. This resulted in Client’s charges being vacated. In addition, E.J. was able to convince the prosecutor to nolle prosse the charges on the same day.
OUTCOME: Nolle Prossed
Client was detained by police in her driveway. Law enforcement asked Client if she was in possession of any drugs. The officer claimed the Client admitting to possessing cannabis in the purse of her ve ... hicle and that Client consented to the search. Client retained Hubbs Law for representation. Client was very concerned about the charge because she was a legal permanent resident. She knew a criminal conviction for cannabis on her record could have a negative impact on her immigration status. Understanding that Client’s number one concern was obtaining a dismissal, E.J. aggressively began preparing a defense to Client’s case. He reviewed the reports with Client and used photos of the scene of the traffic stop to help him understand Client’s version of the story. E.J. concluded that there was an illegal traffic stop in this case and began preparing a motion to suppress. However, the State of Florida offered the Client the misdemeanor drug court program which resulted in no admission of guilt and the eventual dismissal of client’s charges. Client decided, based on the risk of losing the guaranteed dismissal from drug court, to forego filing the motion to suppress. Client successfully completed drug court and the case was dismissed. Client remains a legal permanent resident in the United States.
OUTCOME: Nolle Prossed
Client hired Hubbs Law for the purposes of attempting to vacate a 2014 Possession of Cannabis case from his record because the conviction was preventing him from obtaining Temporary Protected Status fr ... om the U.S. Government. E.J. filed a 3.850 motion to vacate plea arguing that client was not made aware of the potential immigration consequences by his prior attorney during his guilty plea. E.J. was able to persuade the prosecutor to concede to the motion and dismiss the charge on the same day. Client immediately became eligible for Temporary Protected Status again and an Immigration Judge later ordered that he be entitled to the relief.
OUTCOME: Reduced to Reckless Driving
Client was charged with Driving Under the Influence after allegedly weaving within her lane. After the traffic stop, the police officer allegedly smelled the odor of alcohol on client’s breath. Client ... agreed to perform field sobriety exercises which were recorded on the officer’s body camera. Based on the client’s performance on her field sobriety exercises and the admission to drinking that night, the officer placed client under arrest. Client agreed to submit to a breath test where she blew slightly over the legal limit of .08. Client hired Hubbs Law and E.J. Hubbs obtained the discovery from the State Attorney’s Office including the citations, all police reports, and the body camera footage of the field sobriety exercises. E.J. informed client that the State’s case was very weak since she only slightly blew above a .08 and performed very well on the field sobriety exercises. However, after discussing the case with E.J., client decided to take a diversion program where the charges were ultimately reduced to Reckless Driving.
OUTCOME: Nolle Prossed
Client was charged with petit theft after allegedly removing jewelry from a store and walking exiting the store without paying for the property. Client hired Hubbs Law because Client was concerned abou ... t the criminal case and potential immigration issues arising out of a conviction for theft. E.J. starting working on the case by obtaining all discovery from the State Attorney’s Office. E.J. then met with the client and discussed the strengths and weaknesses of the case. After conferring with Client, E.J. recommended that she leave the case set for trial. On the day of trial, the State was forced to nolle prosse the case based on a witness issue.
OUTCOME: Nolle Prossed
Client previously entered a plea of guilty to the above charges and experienced negative immigration consequences. Client was denied citizenship based on these convictions because the Organized Fraud c ... harge is considered an aggravated felony. Client hired Hubbs Law and E.J. filed a motion to vacate the two underlying convictions arguing that his Client did not knowingly, voluntarily, and intelligently enter her plea, since she was not advised that it would result in her mandatory deportation from the United States. E.J. was able to persuade the prosecutor to agree to the motion. After the motion was granted, the prosecutor agreed to drop all charges.
OUTCOME: Nolle Prossed
Client was previously arrested for Aggravated Stalking and Criminal Mischief after police believed that she had vandalized the alleged victim’s vehicle. Law enforcement also believed Client had harasse ... d the alleged victim by making extensive communication with the alleged victim by phone and text. They believed one of the communications contained a “credible threat” and charged Client with Aggravated Stalking. After beginning on the case, E.J. obtained all communications allegedly made between Client and the alleged victim and all police reports. After reviewing the discovery, E.J. was able to get client an offer of the Pretrial Intervention Program (PTI) which ultimately resulted in a dismissal of the charges and no admission of guilt.
OUTCOME: No Action
Client was charged with Leaving the Scene of an Accident with Property after police alleged that she hit a vehicle and left the scene. Police alleged that she drove to her house after the accident. Cli ... ent was cited with Leaving the Scene of an Accident with Property Damage and Careless Driving. Only the Careless Driving charge, a civil infraction, was filed and E.J. Hubbs was able to get the ticket dismissed based on a defective citation.
OUTCOME: Not Guilty - Jury Trial Verdict
Client was charged with driving under the influence after the officer conducted a traffic stop for allegedly driving the wrong way down a one way street. The police officer stated that he immediately n ... oticed Client had “bloodshot, glassy eyes, and a strong odor of an alcoholic beverage”. The police officer also alleged that Client stated that she had “one glass” of wine. Upon further questioning, the police officer stated the Client stated she had “half a bottle” of wine. The officer then asked the Client to perform field sobriety exercises. The officer believed that the Client was impaired based on her performance on the field sobriety exercises. The officer then asked the Client to perform a breath test where the client allegedly blew a .162/.156 BAC. Client was always adamant that she was not impaired and there was no way her breath alcohol level was over twice the legal limit.Client demanded a jury trial. E.J. diligently prepared the case for trial by reviewing all the evidence including the police report, video, and breath test records for the past year. At trial, E.J. was able to convince the jury that the State of Florida had insufficient evidence to prove that she was “under the influence of alcohol” based on her excellent performance on field sobriety exercises, problems with the breath test, and Client’s expert’s testimony that her breath alcohol level was under .08 at the time of driving. The jury unanimously found her not guilty.
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