OUTCOME: Straight federal probation instead of prison
Client had continued to receive the VA benefits after his mother passed away totaling in excess of $87K. Client was facing 10 -16 months in prison with a plea, however, received straight probation wit...h community service and restitution only. There was no government motion to recognize his assistance. His variance was based on 18 USC 3553(a) factors only.
Criminal defense
College student not charged with having gun on campus
Mar 26, 2012
OUTCOME: State declined to file any charges
A student at a local college was arrested for having a firearm in his dorm room.
Criminal defense
Only defendant to get probation instead of prison
Apr 12, 2011
OUTCOME: 5 years probation with 8 mos home detention and restitution joint and several with the co-defendants
Client was charged with Conspiracy to Transport Stolen Goods in excess of $5000 value along with several other co-conspirators. Initially the government was seeking about $2.5 Million in restitution a...nd investigative costs. After a painstaking review of the loss documentation, we were able to convince the government that the loss attributable to client was $384K and reduce his guideline exposure significantly. After presenting considerable mitigation at sentencing, the client was sentenced to 5 years federal probation with 8 months of home detention. He was the only defendant in this case receiving a non-prison sentence.
Criminal defense
Mother avoids 20 year fed prison term after child overdose on Oxycodone
Oct 14, 2010
OUTCOME: 15 years instead of 20 minimum to life
Mother of 4 who crushed and snorted oxycodone with minor son resulting in his death avoids minimum mandatory 20 years. The client chose to cooperate against her co-defendant husband providing substant...ial assistance to the government. Client's mitigation of psychological problems as well as having been the victim of domestic abuse contributed to lessening her sentence in this very serious and disturbing case.
Criminal defense
Alibi defense successful in getting serious felonies no-filed by state
Aug 13, 2010
OUTCOME: Alibi defense successful in serious felony arrest
Father of 2 with no prior criminal history was arrested and accused of entering his girlfriend's mother's home, battering her and damaging her property. This was an alibi case where client's whereabou...ts for the entire day in question were documented and presented to the State Attorney's Office. The alleged victim had just been served with an injunction by client's girlfriend and this was her retaliation. All charges were never filed and is in the process of being expunged.
Criminal defense
No felony arrest in Agg Assault case
Jul 15, 2010
OUTCOME: Agg Assault - No felony charges or arrest
Professional investigated for aggravated assault with a deadly weapon (x2) and domestic battery. After fully investigating the matter, presenting client's version of events and mitigating evidence, th...e State agreed to file no felony charges. The client has entered a diversion program and anticipates getting case expunged.
Criminal defense
No Aggravated Battery charges filed.
Sep 15, 2009
OUTCOME: The State declined to file charges
My client and his property were threatened by his ex-girlfriend's current boyfriend. When the client returned to his home, he found the boyfriend there. The boyfriend was considerably bigger than cli...ent. Client armed himself with a bat for protection. Without getting into a physical conflict, client and his present girlfriend tried to leave the premises. The boyfriend came out the bathroom window, caught my client in the front yard and struck him with a fist to his forehead. Client protected himself by swinging the bat. My client was arrrested for Aggravated Battery with a Deadly Weapon.
We provided two defense witnesses to the state who witnessed the boyfriend as the initial aggressor. The State advised they were going to file the charges, however, after taking a sworn statement from the defense witnesses, the charge was no-filed by the State. The client is eligible to get this charge expunged.
Criminal defense
Bond Trader not charged with Agg Battery on Pregnant Girlfriend
Mar 16, 2009
OUTCOME: State declined to file charges.
My client was arrested for aggravated battery, pregnant female for allegedly striking his girlfriend. He is a successful businessman and the victim was apparently after money. Once client was arreste...d and removed from the home, she cleaned out all of his electronics. She made contradictory statements to friends and relatives about the incident. Despite her statements to the contrary, we were able to get phone records to prove that she had made about 35 phone calls during the time that client was allegedly terrorizing her. Her character was less than stellar and finally the State declined to file charges against my client. He is eligible to expunge this record.
Criminal defense
Robbery no-file gets Administrative Expungment
Oct 06, 2008
OUTCOME: Administrative Expungement successful
After robbery was no-filed by state following a successful alibi defense, I was able to get the arresting agency to attest that the arrest was made in error. It is a very difficult process to meet the... statutory requirements for an Administrative Expunction under Florida Law. This client also had another felony that had to be expunged and could not have 2 to get rid of the robbery. The only way to remove this robbery arrest was through the administrative expunction process. The presiding judge mentioned that he hadn't seen one successfully obtained in 20 years.
Criminal defense
Vehicular Homicide verdict of misdemeanor Reckless Driving, reversed on appeal
Aug 21, 2008
OUTCOME: Plea to Reckless Driving, Withold and court costs
This client was involved in a tragic traffic accident. The other driver suffered non life-threatening injuries, but died 8 days later after decompensating in the hospital from a number of pre-existing... serious medical conditions. My client was later charged with vehicular homicide and manslaughter, facing a potential 15 years in prison. Florida's DMV suspended his license for just being charged for the crimes. My client was out on bond under very strict conditions, including no driving. The week before trial the state offered a very light non-prison sentence for a plea. We were adamant that this was a terrible accident, but that no crime had occurred. We went to trial 15 months later and the jury found him guilty of lesser included misdemeanor offenses of reckless driving and culpable negligence. We believed a number of errors were made by the trial court and appealed that verdict. The 2nd District Court of Appeals reversed and remanded the case back to the trial court on the misdemeanor offenses only. After the appellate decision, the state offered a withhold of adjudication and court costs for a plea of no contest to the reckless driving count, a 2nd degree misdemeanor. After over three years, my client has concluded this matter and is fully licensed again. It was a very hard fought case on both sides. I give a lot of credit to my client for persevering in the face of such adversity. The system worked for him but others are not so fortunate.