State of Florida v. A.G.; 2018-CJ-XXXX (Juvenile Case)
Oct 02, 2018OUTCOME: Dismissed
Orlando, FL
Contracts and agreements Lawyer at Orlando, FL
Practice Areas: Contracts & Agreements
OUTCOME: Dismissed
OUTCOME: Dismissed
OUTCOME: Both cases and all counts DISMISSED
OUTCOME: Dismissed
OUTCOME: Dismissed
OUTCOME: DUI reduced to Reckless Driving, Adjudication Withheld
OUTCOME: Dismissed by Law Enforcement - Pre-File
OUTCOME: Dismissed
OUTCOME: Violation of Probation Dismissed
OUTCOME: Not Guilty after Bench Trial
State of Florida v. D.S. D.S. was accused of committing a battery on his adult cousin. He was given an offer of six months of probation. After the discovery phase, we learned that D.S.'s cousin enter ... ed his room and grabbed his property before D.S. acted to defend himself and his property. At trial, during cross examination of the complainant cousin, major inconsistencies in the complainant's story were uncovered. It was unclear whether D.S. actually hit him, whether D.S. had the intention to hit him, or whether D.S. was even aware that he had hit him while he was reaching to grab his property back. The complainant was thoroughly impeached on the stand. The pictures of supposed injuries showed that the complainant's right cheek was red, "consistent with being hit with a closed fist" as the police report stated. However, the pictures also showed that the complainant's left cheek, forehead, chin, and neck were also just as red, more consistent with a sunburn. During closing argument we argued both law and fact, and the Judge entered a verdict of not guilty in the bench trial of State of Florida v. D.S. After the trial, we left the courthouse with a very happy D.S. and his mother.