Claris Law Legal Blogging Community

Editor: Tampa Criminal Attorneys
Profession: Tampa Defense Attorneys

Tampa Felon in Possession of Firearm Gets Fair Shake From Jury Despite Overwhelming Evidence

Category: Recent Wins

My client was arrested for Felon in Possession of a Firearm in Tampa. Under normal circumstances this offense doesn't look too ugly. Yes, it's a level 5 second degree felony, and the maximum sentence you could receive is 15 years in Florida State Prison, but it only scores probation without a prior record or any aggravating factors. This case involved some aggravating factors that prompted the State Attorney to charge my client with Felon in actual possession of a firearm. The "actual" possession obviously means that the State has evidence that will prove that the firearm was at some point not just in the felon's vehicle or in his house, but on his person. The "actual" possession is a characteristic that carries a 3 year minimum/mandatory sentence in Florida State Prison.

FACTS: The client was cruising Ybor City at about 3 a.m. on a Saturday night. Many kids are exiting the clubs at this hour because of a city ordinance. Ybor City has a reputation for crime, and especially at this hour. As a consequence, the City of Tampa stations a number of police officers in the parking lots outside these clubs to keep order. My client was driving westbound near the parking lot outside Club Empire. His passenger had an altercation with a passer-by that caused him to exit his vehicle. According to the police report the defendant (my client) exited the driver's side of his vehicle and pulled out a Tech-9 from his trunk. A tech-9 is a light weight uzi-type firearm that can be easily modified to fire automatically. It can also hold a large clip of ammunition. The police report states that an anonymous bystander told the police that the driver "just pointed an uzi at us".

Upon hearing this information from the bystander seven or eight police officers chased the vehicle on foot through the parking lot behind the Tropicana Restaurant. My client, believing the group of people from the first encounter was still chasing him, moved quickly through the parking lot avoiding a number of other drivers. The main investigating TPD officer made a number of representations in his police report about the chase. He claimed that our client stopped his vehicle in the parking lot. According to the investigating officer, he ran up to the vehicle which was stopped in the parking lot and ordered the driver to stop. His report states that the driver and passenger both turned, and made eye contact as he yelled, "STOP, POLICE". The driver then reached for something under his seat, and accelerated out of the parking lot. Almost all of these statements were directly contradicted by his fellow officers who were running right behind him. The client's statement, which was confirmed by the other officers testimony, was unaware that the officers chasing him through the parking lot. Upon exiting the parking lot he passed a number of other officers on horseback and drove north against traffic. Once the client saw overhead lights flashing behind him he pulled over immediately. After he was stopped, the client was arrested for fleeing and attempting to elude police. During a search incident to that arrest the police gained access to my client's trunk. Law enforcement was able to recover the following contraband from a book bag in the trunk:

1) .22 revolver
2) Box of .22 ammunition
3) 2 boxes of 9 millimeter ammunition
4) A 30 round clip of 9 millimeter ammunition (that fit the Tech 9)
5) A machete
6) A bullet-proof vest

One thing the police failed to recover initially was the Tech 9. The client and the passenger were questioned about the Tech 9, and both denied having it in their possession. At some point during the search of the vehicle Tampa Police Officers found a 30 round clip that could easily fit a Tech 9. At that moment law enforcement was convinced that the Tech 9 had been in there possession. They let the passenger go, and arrested my client. A crime scene technician was asked to retrace the vehicle's path of travel with a metal detector looking for the Tech 9 in bushes on the median.

My client was questioned about the circumstances surrounding his earlier altercation, and he stated that once he saw his passenger get into a fight he got out of the car and "attempted to pull out the revolver in the trunk" to scare them. Based on that information, and the fact that our client had a prior felony conviction, the police also charged him with felon in possession of a firearm. Some time later the tech 9 was found in some bushes on the median down the same path of travel taken by the client.

Prior to trial we filed a motion to prevent the State Attorney from mentioning any of the contraband found in the book bag (except for the .22 revolver), and the Tech 9. While Florida case law gives the State Attorney a lot of latitude to modify their charging document before and sometimes even during trial depending on the circumstances, the State's charging document only listed one felon in possession of a firearm charge. The charging document only stated "a firearm" (it never specified whether the firearm was the tech 9 or the .22 revolver). The state has the ability to file one charge of felon in possession of a firearm and fashion the charging document in such a way that allows the jury to choose whether the defendant was in possession of either one of the firearms. The State never modified their charging document in this way. For strategic reasons which would take too long to discuss in this article we did not file a Motion for Statement of Particulars before trial. Sidenote: The State never listed the co-defendant as a witness. He was critical to proving the Tech 9 was in my client's possession. Any attention drawn to that fact, i.e. A Motion for Statement of Particulars could have caused the State to list the co-defendant as a witness. Nevertheless, we objected to the admissibility of the Tech 9 and the rest of the contents of the book bag. Our argument was three-fold:

First, despite the circumstantial evidence showing the Tech-9 was in the vehicle, there was not enough evidence to prove our client was ever in possession of the Tech-9. Second, the State filed a charging document that specified only one felon in possession of a firearm charge. Third, the Tech 9 was not listed in the charging document, and therefore should not be mentioned or introduced into evidence during the trial. The State should not be entitled to enter two guns into evidence to prove one charge. The Court over our objection, allowed the State to introduce most of the contents of the book bag (ammunition, clips), and the Tech-9 into evidence.

For the benefit of the lay person the purpose behind filing a motion-in-limine prior to trial is to prevent mention or the introduction of what you believe to be inadmissible evidence at trial for various reasons. In this case we felt the prior bad acts, or crimes that are not included in the charging document, should not be permitted into evidence (remember the charging document listed one charge of felon in possession of a firearm). We also argued that the ammunition found in the book bag, that was also not included in the charging document, amounted to another crime (felon in possession of ammunition). The Court ordered that everything except for the machete, and the bullet proof vest could be mentioned and/or introduced into evidence at trial. However, the Judge cautioned the State before trial by saying, "I am assuming you will be able to offer evidence that the defendant was in fact in possession of this firearm (Tech 9) during this trial".

During trial the State offered circumstantial evidence that the Tech 9 was in my client's vehicle prior to his stop. However, as expected, they never offered enough evidence to prove he was "in possession" of the Tech 9. At the close of the State Attorney's case we moved for a Judgment of Acquittal as to the Tech 9. The Court granted our motion for judgment of acquittal (essentially a motion to dismiss during trial). The granting of the Motion for Judgment of Acquittal prompted another defense motion. Because the Court allowed the State to introduce the Tech 9 into evidence, over defense objection, and there was no evidence of possession, we felt the Court should grant a mistrial. This evidence was highly prejudicial, and prevents a jury from fairly weighing the evidence during their deliberations. The Court denied our motion for mistrial, but instructed the jury to disregard all mention of the Tech-9 during trial. No defense attorney on the planet feels this type of curative instruction will ever have its desired effect during jury deliberations.

I apologize for the sarcasm, but I would like to describe what goes through the criminal defense attorney's mind when the judge is instructing the jury on this issue:

You mean you want the jury to forget the machine gun the State Attorney paraded around the court room when he introduced it into evidence? You mean you want the jury to forget the testimony about the 30-round clip found in the book bag in the car that just happened to fit perfectly into the Tech-9 that was eventually found in the bushes on the exact path of travel that my client took before he was pulled over by police?

Needless to say I wasn't bursting with confidence that the jury would follow the Judge's instruction and erase the evidence they heard about the Tech-9 from their minds. Thankfully, I was wrong. The jury did just that. If you want to find out more information about firearm charges call us at 813-228-7095 or link to us at tampa criminal attorney.

Clearwater Prosecutors Remove Rape Charge

Category: Criminal Law

Our client was charged with Rape or Sexual Battery on his step-daughter at a beach motel in Clearwater. Sexual Battery means:

The oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual battery does not include an act done for a bone fide medical purpose.

Rape charges vary in degree and exposure to prison based on the aggravating circumstances surrounding the allegations. This particular rape charge was a second degree felony punishable by a maximum of 15 years in Florida State Prison.

After a night of heavy drinking the defendant, his wife, and his step-daughter returned to their motel room on Clearwater Beach. At some point the client's stepdaughter passed out in the bathtub with the shower head running. She woke up, turned off the water, and went back to sleep. When she woke up a second time she claimed our client was on top of her in the tub. The Clearwater Police Report goes on to state the following:

While lying in the tub with her eyes closed, she felt someone getting on top of her. She opened her eyes and observed the suspect on top of her. She yelled for him to get off of her and began pushing him. He proceeded to try and kiss her face and neck. She continued yelling at him to get off of her as she struggled to get him off. However, he was able to forcibly spread her legs apart and vaginally penetrate her with his turgid penis. Elizabeth said it was painful and she continued to yell. She said the suspect eventually stopped and got off of her. She was unsure why or how long he was on top of her. She was also unsure if he ejaculated, but said he was not wearing any type of protection.

In light of the victim's statements she was directed to submit to a sexual assault examination. The results were inconclusive in some ways and revealed facts that were not consistent with the victim's story. Consequently, we had our client submit to a polygraph examination. Polygraph examinations can be extremely helpful in a number of different ways. Once the sexual assault examination revealed no direct physical evidence of rape the State's rape charge eventually came down to a war of credibility. This is where polygraph examinations can be extremely useful. As most people know the results of a polygraph examination are inadmissible in a court of law in almost every circumstance. As long as a polygraph examination is done confidentially the results are of no consequence when they are negative and very beneficial when they are positive. In other words, submitting to a confidential polygraph examination can only help a charged defendant. However, it is important to recognize that the results of a polygraph can vary among examiners. Some examiners are so heavily respected by the State Attorney that their results are given a lot of weight (which can sometimes to a dismissal of a criminal charge).

In this particular case we never revealed the results of our polygraph examination to the State (they were not positive). Ultimately, we argued to the State Attorney that the victim's story was not credible based on some critical facts. The State agreed and took steps to remove the rape charge against our client.

To learn more about the facts of this case link to tampa criminal attorney or call us at 813-228-7095.

Tampa Jury Questions DNA Despite Overwhelming Evidence

Category: Criminal Law

A recent jury trial reaffirms the confidence we should all have in our jury system. We represented a client charged with Lewd and Lascivious Battery and Lewd and Lascivious Molestation x2. Both of these molestation charges are second degree felonies that are punishable by 15 years in Florida State Prison. However, because lewd and lascivious battery involves more egregious sexual contact, it carries more points on a guidelines score sheet than lewd and lascivious molestation. Lewd and lascivious battery is defined by the age of the victim and the acts: A person who engages in sexual activity with a person 12 years of age or older but less than 16 years of age.

This definition in turn begs the question what is "sexual activity". "Sexual activity" means the oral, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bone fide medical purpose.

The less serious offense of lewd and lascivious molestation requires much less in the way of sexual contact:

A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation.

The victim alleged that he engaged in a sexual relationship with our client over a two year period. It ended when he revealed the relationship to his father. When law enforcement arrived they interviewed the victim. The victim told the police that he had a sexual encounter with our client the night before. This prompted the detective to instruct the victim to submit to a sexual assault examination. A swab from the victim and a swab from the inside of the client's mouth were eventually sent to the FDLE (Florida Department of Law Enforcement) for a DNA comparison.

These DNA samples that are transported and analyzed for comparison are very vulnerable to cross-contamination. This vulnerability has led to stringent procedures that must be followed when handling DNA samples. There are numerous ways in which a DNA sample can become contaminated. For example, cross-contamination can occur whenever swabs from separate DNA samples contact each other. Cross-contamination can also occur when one swab is placed in the same area as the other during testing. Cross-contamination will usually lead law enforcement to conclude someone's DNA is present when it is actually absent. According to the FDLE our client's DNA was found in an area that confirmed our client had penetrated the victim, and the likelihood it was someone else's DNA was 1 and 39 quadrillion. For obvious reasons, the power of this evidence is hard to overstate.

We challenged the DNA by claiming cross-contamination. A number of facts arose that made this argument plausible. During trial the lead Detective claimed that he transported both DNA samples (the victim's and the defendant's) to FDLE. The FDLE lab technicians testified that the DNA samples were received from a different member of the Hillsborough County Sheriff's Department. This conflict in the evidence caused concerns about the handling of the samples and their exposure to cross-contamination. As a consequence, during deliberations the jury asked the judge to answer the following question:

How does the law define penetration?

Many would surmise, based on the verdict that the jurors were questioning the validity of the DNA results in light of the contamination argument. The State disputed the idea that the DNA results were the result of cross-contamination of the two swabs. However, there were questions about the State's DNA evidence that went unanswered. The jury refused to accept the argument that there was only a 1 and 39 quadrillion chance that the defendant didn't commit the offense of lewd and lascivious battery where there was a question of cross-contamination.

Most trial attorneys shy away from making predictions on a verdict based on questions from a jury to the Court. Unfortunately, it's impossible to stop your mind from speculating when you're waiting on the verdict. Our concern was the strong emotions that are usually associated with sex cases and how those emotionis can cause some jurors to ignore the law and/or the facts when deliberating over charges like these. As a defense attorney, the last thing you want to hear is a juror say that they found someone guilty based on a "gut feeling". No juror has been convinced of the defendant's guilt beyond all reasonable doubt when the decision is made on a "gut feeling". Getting rid of jurors with this mentality during jury selection (especially in a sex case) is obviously very important. Fortunately, the jurors selected in this case applied the law to the facts. Instead of clinging to the 1 and 39 quadrillion argument and finding our client guilty as charged they followed the law without the emotion usually associated with these charges.

To find out more about this case please link to tampa criminal attorney or call us at 813-228-7095.

Tampa Criminal Attorney - Illegal Stop for DUI Leads to Problems For Prosecutor

Category: Criminal Law

The Client was found passed out behind the wheel at the Flying J Truck Stop at Highway 579 and Sligh Avenue in Tampa. A Hillsborough County deputy was notified about our client's condition by a store employee. Deputy Angelo walked out to his car and knocked on his window in an effort to wake him up. When he awakened the Deputy smelled an odor of alcohol and demanded his car keys. A DUI enforcement officer was called and reported to the scene. Our client attempted to perform field sobriety tests and failed. Shortly after his arrest he was transported to the Orient Road Jail where he refused to submit to the breathalyzer.

A deposition was conducted of Deputy Angelo. She acknowledged that she hadn't smelled an odor of alcohol until she ordered our client out of the vehicle. The issue then became whether our client was legally parked in the gas station parking lot. If so, the deputy's actions would be illegal. We filed a motion to suppress the stop of our client. The State Attorney ran into a number of difficulties bringing forth the proper evidence to prove our client was illegaly parked.

To find out more information about this case link to tampa criminal attorney or call us at 813-228-7095.

DUI Dismissed By Tampa DUI Attorney (Blow .125 and .126)

Category: DUI

State v. H; Judge: Lawrence Lefler

The client was arrested for DUI in North Tampa by the Hillsborough County Sheriff's Office. She was very unfamiliar with the area and when she left the local bar she attempted to follow a friend home. After the stop of her vehicle she performed field sobriety tests and failed. She was then transported to the Orient Road Jail. She agreed to blow into the breathalyzer and the results were .125 and .126. The legal limit in the State of Florida is .08. The officer that stopped the client was a special DUI enforcement officer. His patrol car was equipped with a video camera that documented our client's driving pattern. Sometimes the officer's camera can benefit the Defendant's case. Link to our website to learn the difference between stops conducted by a regular patrol officer and a special DUI enforcement officer.

Client Narrowly Avoids 15 Years Prison on Violation of Probation in Tampa

Category: Criminal Law

State v. S.; Judge: Daniel Perry

We have represented this particular client on a previous violation of probation which was also dismissed. His gambling problem, however, persisted. The gambliing led to a drug addiction which made complying with probation extremely difficult. The cilent was alleged to have violated his probation by failing to appear at the probation office on 4 different occassions. He was also required to pay the victim restitution for his crime. The client's parent's kicked him out of their house and the client was forced to live on the streets. This prevented him from attending his probation meetings. Before he was arrested he voluntarily entered himself into a gambling treatment program. See our website for background on how this case was resolved before the Court. While our Courts our interested in seeing many of the defendants become productive members of society, every judge will tell you that there is a point at which the defendant cannot be helped. Battling a gambling and drug addiction is very difficult, and the Courts recognize the obstacles. The Court in this case was willing to give our client another chance to prove that he could successfully complete his supervision.

Tampa DUI Charge Reduced to Reckless Driving

Category:

State v. C.G., Judge: James Dominguez

Facts: Our Client, a prominent local business owner, was pulled over a few blocks from his house under suspicion of DUI. After submitting to roadside field sobriety exercises, the client was arrested and transported to central breath testing at the Hillsborough County Jail. He later refused to take the breath test.
After reviewing all of the evidence in the case, we determined that there was very little evidence that our client was too impaired to drive safely. Due to the fact that the client refused the breath test, the evidence of impairment was limited to the officer's observations at the time of the arrest and the video of our client's performance on the field sobriety exercises. Although the officer reported that the client appeared to be clearly intoxicated, the video told a very different story. The client's demeanor and behavior was consistent with a person who was very tired, not drunk. His performance on the FSE's was not perfect, but it was far better than the officers report reflected.
Result: After setting the case for trial, the prosecutor reduced the charge to reckless driving and offered to withhold adjudication. The client was not convicted and his record was sealed.

Hillsborough Judge Dismisses Malicious Domestic Violence Injunction

Category:

K.L. v. E.V., Judge: Raul Palomino
Our client and his fiancé were living together for over a year before he discovered that she having a romantic relationship with another man. Upon hearing this information, our client immediately broke off the engagement. His fiance abrubtly left the house and moved in with the other man. She left behind many of her belongings as well as her dog. Our client attempted to call her on numerous occasions to address these issues, but she did not answer his calls.. After hearing the story, several of their mutual friends began turning against her. Eventually she responded by filing an injunction against our client. In the injunction, she alleged that the phone calls our client made were harassing and threatening.
Result: At the hearing, Judge Palomino rocognized that our client was totally justified in his repeated attempts to contact the ex-girlfriend/fiance. The calls were neither threating nor harrassing. The injunction system is designed to address situations where people are in legitimate fear of actual violence, not to be used as a tool for intimidation. After a short hearing, the injunction was dismissed.

Tampa Felony Drug Charge Dismissed

Category: Criminal Law

State v. B; Judge: Tom Barber

Tampa Police Department recieved a citizen's complaint about several black males selling drugs in front of the vacant apartment located at 2908 E. 22nd Avenue in Tampa. The QUAD squad (division of the tampa police department responsible for deterring drug activity) of the Tampa Police Department received the information and responded to the call by conducting surveillance in front of the apartment complex in the hopes of arresting the dealers and anyone who purchased from them. Our client (defendant) drove to the apartment complex and brought cocaine from a dealer. The officer surveilling the complex believed he witnessed a hand to hand transaction between our client and the dealer, so he radioed other officers waiting outside the area, and our client was followed for about a mile and a half before being pulled over. Shortly before he was pulled over the officers saw the client briefly open his car door and then shut it while the car was moving. The officers stopped his vehicle, and cited him for opening a car door while it was moving. While they wrote the client a ticket the officers asked him for consent to search his vehicle (feeling he had just purchased cocaine from the dealer). He agreed, and the officers found a baggie of cocaine in the middle console. The client (defendant) was arrested and charged with possession of cocaine. The tampa police officers felt the stop of the client's vehicle was justifiable on two separate grounds. One, the officer conducting surveillance believed he saw a drug transaction take place between our cient and the dealer. Two, even if the officer did not witness a "drug transaction", the defendant committed a traffic infraction, which easily justifies the stop of his vehicle. The consent to search the vehicle was voluntary, so the only way to attack this case was by disputing the validity of the stop. We filed a motion to suppress the legality of the stop of our client's vehicle, and the State Attorney eventually agreed to DISMISS the possession of cocaine charge. Find out how the tampa criminal attorney successfully defeated the charge by challenging the legality of the client's stop.

Injunction For Protection Against Dating Violence Dismissed

Category: Domestic Violence

The client (respondent) confronted her boyfriend after she found out he was cheating on her. They had been dating off and on for a number of years when she found out about his infidelity on his facebook site. She drove over to his home and confronted him in the doorway. The verbal argument escalated, and she struck him in the face. She left and her boyfriend called the tampa police department. After investigating the incident the police decided not to arrest our client, but suggested that the boyfriend file an injunction. The boyfriend (petitioner) filed a petition for an injunction against dating violence. Find out how the tampa criminal defense attorney negotiated a DISMISSAL of this injunction.

Military Officer Cleared of Capital Sexual Battery Charge in Tampa

Category: Criminal Law

The client was a coast guard officer accused of molesting his step-daughter when she was 12 years old. His accusor claimed that he touched her inappropriately on a number of different occasions before he molested her in a motel room. The step-daughter attempted to contact the client through the mail years after the alleged incident. A week later Hillsborough County Sheriff's Office Detectives knocked on the client's door and asked him to come down to the station. The client cooperated, and gave the detectives a statement. Whenever you are questioned by law enforcement it is critical that you request a tampa criminal lawyer before giving the police any information. After leaving the Sheriff's station the client drove straight to our office, and we began investigating the case. For more detail on the resolution of this case go to our website at tampadefenseattorney.com.

Felony Drug Charges and 4th Violation of Probation Dismissed in Tampa

Category: Recent Wins

State v. S; Judge: Tom Barber

The client (defendant) was on felony probation for a number of theft related offenses. Like many people with a serious drug problem, he turned to theft to support his drug habit. He made strides while on probation, but continued to run with friends who dealt in drugs. The night of his arrest the client was actually driving in his father's van with a dealer who was being surveilled by the Tampa Police Department's QUAD SQUAD (a specialized division of the tampa police department focused solely on drug detection and prevention). The client noticed that he was being followed by the police department and dropped off his friend. The Tampa Police continued to follow the van and eventually stopped the client at a gas station. They searched his vehicle and found drugs. The client was arrested for the drug charge and for violating his probation. He was taken into custody and given no bond on his violation of probation. Find out how the Tampa Criminal Lawyers got the defendant out of jail, and brought about the dismissal of the drug charge and the client's 4th violation of probation.

Tampa Teacher Avoids Sex Charge

Category: Criminal Law

The client, a highschool teacher in the local area, was alleged to have engaged in a sexual relationship with one the students. Part of the allegations alleged that the teacher sent revealing pictures to the student over the internet. The teacher and the student denied the allegations, but others insisted it had taken place. Find out how the tampa defense attorneys prevented the filing of any criminal charges in this case.

Felony Battery Charge Dismissed in Tampa

Category: Recent Wins

State v. B; Judge: Daniel H. Sleet

The client (defendant) was accused of striking his girlfriend several times after they became involved in a verbal dispute over his son. The victim told the Tampa Police Department that our client got up off the couch without warning and started hitting her in the face. She called 911, and When police arrived they found the victim crying and upset. They took photographs of her injuries, and arrested the defendant for felony battery. The battery charge was aggravated to a felony due to the client's prior convictions for battery. See how the tampa criminal attorney brought about a DISMISSAL of this charge through investigation and the discovery process.

Bradenton Man Involved in Brawl Avoids Battery Charges and Conviction

Category: Recent Wins

State v. H; Judge: Douglas Henderson (Manatee County)

The Bradenton Police Department alleged that our client became intoxicated at the Old Main Pub on 12th Street in Bradenton. According to the report when management instructed him to leave the premises he left and came back. An verbal altercation between the client and the bar owner ensued which escalated into a fight. Numerous witnesses testified that the defendant (client) attempted to strike one of the patrons. The stories told by the bar patrons were inconsistent and the defendant (client) ultimately pled to a trespass without probation or conviction. Get more detail on how the tampa criminal lawyers resolved this case.

Naples Woman Has Drug Charges Dismissed

Category: Recent Wins

The client was driving with her headlights off when she was spotted by the Tampa Police Department. The officer stopped her vehicle and asked her to perform field sobriety tests after she exited her car. When she successfully passed these tests the officer asked her if he could search her vehicle because he suspected that she might be under the influence of marijuana. Initially, the client did not respond, but eventually decided to consent to the search. We filed a motion to suppress the marijauna found by the officer. The Motion to Suppress was granted, and the charges were dismissed. See how the tampa criminal defense attorneys addressed the 4th Amendment issues surrounding this drug charge.

Domestic Violence Injunction and Domestic Battery Charge Dismissed

Category: Recent Wins

State v. P; Judge: Nick Nazaretian

The client (defendant) was arrested for domestic battery after he got into an altercation with his girlfriend. It started out as an argument over a $1,700.00 cell phone bill. At one point his girlfriend grabbed a knife and ran into the client's bedroom. HIs bedroom contained a safe that held 32 firearms. At some point during the argument the girlfriend believed our client might try to grab a gun out of the safe. She took a bottle of nail-polish remover and threw it in his eyes. The police report indicates that the defendant then pushed the victim to the ground. Tampa Police were called and our client was arrested for domestic battery. A short time later the girlfriend filed a Petition for a Domestic Violence Injunction with the Domestic Relations Court in Tampa. Even when a victim decides to recant her story and drop charges a Tampa Criminal Attorney is going to face obstacles before he/she will be able to bring about a dismissal of the battery charge. In short, a cooperative victim does not mean that your case will be dismissed. The state will go forward on a case whether the victim wants to or not if they feel that they can prove the defendant's guilt. In order to bring about a dismissal of a charge in this situation the prosecutor must be convinced that pursuing the charge is pointless because the case would be very difficult to win. Here, we contacted the prosecutor and made him aware of the circumstances that supported our client's self-defense argument, and we also filed our own waiver of prosecution (not the form waiver handed out by victim's assistance) with the Court. The State eventually dropped the charge. The Domestic Violence Injunction was dismissed by the Domestic Relations Court after a hearing revealed that our client did not intentionally strike the victim.

Foreign Student's Domestic Violence Charge Dismissed in Dade City

Category: Recent Wins

A criminal charge can have serious implications on any person's life. In the case of foreign citizens, the consequences can be even more severe. Our client was a resident alien attending graduate school at USF. One night our client was arguing with his wife and he lost his temper and pulled her off the bed by her leg. The following morning, the client's wife called the police to inquire about domestic violence counselling services. She had no intention of pressing charges, but the State chose to prosecute anyway. Despite the wife's refusal to cooperate with the State Attorney's Office, the prosecutor insisted on pursuing the charges based on her recorded call to the police. Eventually we were able to get the charges dismissed prior to trial, and our client was able to maintian his student visa. Review the detailed steps taken by the tampa criminal lawyer that brought about a DISMISSAL of this charge.

Tampa Criminal Attorney- Domestic Violence Charge Dismissed Despite Facts

Category: Domestic Violence

State v. K; Judge: Nick Nazaretian

The client and his girlfriend began arguing over his employment problems. The girlfriend through a phone across the room and broke a window when she found out our client was lying to her. She attempted to lock him out of the house, but he came back in through a window. When he got inside he grabbed her by the hair and dragged her through some glass. Violent arguments continued to occur for days before the Tampa police were called. When the Tampa Poilce arrived they photographed a number of bruises over the victim's body. The client initially handled this case on his own and attempted to complete an intervention program. He was removed from the program and the Court put a warrant out for his arrest. In this case the tampa criminal attorneys removed the warrant before taking the necessary steps to DISMISS the domestic violence charge.

Domestic Battery Charge Dismissed

Category: Domestic Violence

State v. A; Judge: Nick Nazaretian

Our client got involved in an argument with his girlfriend, and pushed her into a wall. After the client elbowed her in the chest the victim punched our client in the face. The victim eventually called 911, and the police arrived on scene. The victim had numerous contusions and abrasions on her body fromt he incident. Get more detailed information on how the tampa criminal defense attorneys forced a DISMISSAL of this case.

Clearwater Criminal Attorney- Juvenile Receives Intervention Program Despite Multiple Charges

Category: Criminal Law

State v. K; Judge: Raymond Gross

FACTS: The client was 17 years of age. He was arrested for selling marijuana in school and possession of alcohol by a minor on separate occasions. As a highschool student the client was excelling. He was enrolled in an honors program, and set to attend a prestigious engineering college on an acedemic scholarship. Unfortunately, his mother decided to allow him to move in with his father a few months before his graduation. The juvenile began to associate with the wrong kids at school and eventually ended up with these charges. For a more detailed account of how the tampa criminal attorneys entered these cases into an intervention program; which should ultimately dismiss the charges.

Tampa Criminal Attorney - Investigation Leads to Voluntary Dismissal of Injunction Against Dating Violence

Category: Domestic Violence

P v. R; Honorable Steven L. Selph; Date: July 20, 2009

FACTS: This case is a common example of a petitioner abusing the Domestic Relations Court in an effort to retaliate against the respondent. This particular injunction was filed by our client's former girlfriend in an effort to destroy his career at a company that employed them both. Find out more information on how the tampa criminal lawyer defended these allegations and brought about a voluntary DISMISSAL OF THE INJUNCTION.

Tampa Man Cleared of Sexual Abuse on Child

Category: Recent Wins

Our Client was falsely accused of child abuse by his brother's wife during a bitter divorce. In an effort to gain primary custody of their young children, the wife made false allegations that her daughter had been sexually abused by our Client, the young girl's uncle. The wife made a tape recording describing the alleged abuse and sent it to DCF. Eventually we were able to expose her lies, and have the charges dropped.

Read much more about how this case and other child abuse cases are resolved by tampa criminal lawyers.

Tampa Criminal Lawyer Forces Dismissal on Juvenile's Felony Marijuana Charge

Category: Criminal Law

The Tampa Police Department responded to a fight near Jesuit Highschool on the night of Gasparilla. Our client's brother was involved in an altercation at a nearby park. During the altercation our client's boyfriend was struck with a beer bottle. In an effort to defend himself he mistakenly struck our client's brother and law enforcement was called out to the scene. Tampa Air Patrol apparently witnessed our client and her boyfriend flee when the crowd scattered. They reported both suspects to patrol units on the ground. When law enforcement came into contact with our client she was walking eastbound on Osborne from Himes Avenue. Based on the information transmitted to them from the helicopter our client and her boyfriend were stopped by ground units and searched. The search of our client revealed a felony amount of marijauna, and a scale. We took the stopping officer's sworn deposition, and filed a motion to suppress the drugs collected by Tampa Police, claiming the temporary detention was unlawful. The State Attorney stood silent on our Motion To Suppress and all the charges were dismissed. To find out what circumstances caused the unlawful detention of our client link to the tampa criminal defense lawyers that resolved this case.

Tampa Sexual Violence Injunction Attorney Forces a Dismissal of Petitioner/Mother's Injunction (Plant City)

Category: Criminal Law

We defended the client from criminal sexual battery charges supposedly perpetrated against his 6 year old daughter. False charges are more common in sex cases than any other type of criminal offense. Unfortunately, just a criminal investigation for a sex crime can have a dramatic impact on the accused's life. This particular case involves a scenario that we see quite often. A former spouse or alienated parent attempts to file an injunction of some type to destroy the parent's relationship with his/her child. This case involved a petition for an injunction against sexual violence against the father where the mother claimed the father, "Put his penis into his daughter's mouth on more than one occassion as a form of punishment". During the criminal investigation it was revealed that the mother/petitioner was coaching her daughter to make these false allegations.

No Formal criminal charges were filed against our client. After resolving the criminal case we moved the domestic relations court in Plant City to Dismiss the injunction against sexual violence. Learn from a tampa criminal defense attorney of the powerful defenses available to the respondent/parent when another parent petitions the court for an injunction against sexual violence.

Tampa Man Cleared of Rape Allegations

Category: Recent Wins

Our client was accused of sexually assaulting his son's girlfriend. The client's son had been dating the girlfriend for several months. She worked at their family business, and was treated as a member of the family. The alleged assault reportedly took place after a funeral, when the client had offered the girlfriend a ride home. There was no physical evidence and our client adamantly denied the allegations. The family suspected that the girlfriend had ulterior motives related to the business. Through further investigation, it was discovered that she had made false allegations against another man in the past. By communicating this information to the State Attorney's office and law enforcement, we were able to ensure that no charges were formally filed against out client.

Learn more about the details of this case from a tampa criminal lawyer.

Possession of Marijuana Charge Dropped Day of Trial

Category: Recent Wins

Facts: Cllient was sitting in a parked car in the parking lot of a gas station when a false alarm went out to police indicating that a the gas station had been robbed. Police immediately arrived on the scene and surrounded the vehicle. As the police began to secure the area, the client was extracted from the vehicle and searched. A small amount of marijuana was located in the clients back pocket and he was subsequently arrested.

Result: Ultimately, the State Attroney agreed that the search was illegal under the circumstances and pursuant to negotiation the case was dismissed on the day of trial.

Learn the process all tampa criminal lawyers go through when assessing the validity of any police officer's stop and search of a suspect, and his car.

Burglary Charges Dismissed in Juvenile Court-Tampa Criminal Attorney

Category: Recent Wins

The client was implicated by co-defendants during an investigation of a rash of burglaries by the Tampa Police Department. Cooperating co-defendants can make the defense of any client difficult. However, in this case Tampa Police still had difficulty connecting our client to many of the crimes involved in their investigation. Get more information from tampa defense attorneys regarding how this juvenile case was resolved.

Aggravated Assault With a Firearm Charge is Dismissed at Pre-Filing by Tampa Criminal Attorney

Category: Criminal Law

The client was confronted by a Tampa Police Detective after an altercation at a local gas station. He was driving a vehicle when a co-defendant jumped in and started firing a pistol in the air. The client initially refused to talk to the police, but became extremely nervous when the police began to threaten him with criminal charges for assisting the shooter. He told his father, and our office was retained to resolve the case. As is many times the case, the police detective told the young man that retaining a criminal lawyer was not necessary. Some criminal suspects choose to believe police. They sit down and discuss their entire case with law enforcement without counsel. It is never a good idea to trust a police officer when he claims the hiring of a lawyer is unnecessary. It may sound obvious, but we find ourselves constantly reminding people of a very simple fact:

If your being confronted by law enforcement about your involvement in a criminal offense you need a criminal defense attorney.

Many people do not realize that law enforcement has no obligation to be honest with you regarding your culpability in a criminal investigation, or your possible exposure to incarceration.

Link to our website if you would like to review more details about this case, and when to hire a tampa criminal attorney.

Tampa DUI Attorney gets Reckless on Refusal in Orlando

Category: DUI

The client was arrested for DUI in Orlando. She, and her sixteen year old daughter were on their way home from a rock concert when the trooper stopped her vehicle for erractic driving. The client had no familiarity with Orlando, and became very lost when she tried to read her mapquest directions backwards on the ride back to Tampa. After the initial stop the client performed field sobriety tests, was arrested for DUI, and then transported to the jail. When she was asked to perform the breathalyzer she refused. Read a summarized version of the tampa criminal defense lawyer's letter to the prosecutor. The letter requests the prosecotor to reduce the charge to reckless driving. While our client's performance on the field sobriety tests was poor, the letter gives you insite into how her performance could be affected by the conditions of the area that the trooper chose to administer the tests.

RESULT: She plead to reckless driving, and the conviction was withheld. In other words, she received no points on her driving record.

Tampa Man Wins DV Battery Trial

Category: Recent Wins

Our client was accused of choking his wife during an argument. The allegations against our client were false, and were being used to gain leverage in a pending divorce. Our client had no criminal history and no history of violence. His wife, on the other hand, had ongoing mental health issues and a history of substance abuse. The State refused to drop the charges due to photographs that allegedly showed bruises consistent with the wife's story. At trial, the State was unable to introduce the photos. The credibility of the wife was called into question, due to inconsistencies in her testimony. The client was eventually found not guilty.

To read more about this case and others like it visit out website.

Tampa Man Acquitted at Domestic Violence Battery Trial

Category: Domestic Violence

Our client was accused of head-butting his wife during an argument. Our client adamantly denied ever hitting, much less head-butting his wife. At trial it was his word versus her word. On cross examination of the wife, we were able to elicit several facts that dmaged the credibility of her story. She admited to drinking liquor immediately prior to the incident, as well as a history of mental illness. At the conclusion of the trial, the State failed to prove it's case beyond a reasonable doubt, and the client was found not guilty of Domestic Violence Battery.

Learn how tampa criminal attorneys force dismissals on domestic battery charges.

Domestic Violence Charges "No Filed" Through Investigation by Tampa Criminal Attorney

Category: Domestic Violence

The Client/defendant became very intoxicated and struck his wife. She received a number of bruises, and his children witnessed the incident. The situation was very serious for our client, in that he was currently on felony probation when the domestic battery allegedly occurred. Just an arrest could have put him in jail for a new law violation while on probation. After contacting his wife's divorce attorney, and conducting more investigation we were able to convince the State to "No File" the charges. To find out more about the pre-filing process and why it is important to retain your tampa criminal lawyer as soon as possible.

Tampa DUI Attorney Gets Reckless on .166 and .167

Category: DUI

The client was driving his vehicle on Channelside Drive when he was pulled over for failing to maintain a single lane. According to the tampa police officer our client's vehicle continued to drift from lane to lane before he finally stopped him at 19th Street and Adamo Drive. After exiting his vehicle he was asked to perform a number of field sobriety tests which the officer felt he failed. The client was transported to the Orient Road Jail where he agreed to submit to the breathalyzer. He blew .166 and .167. The legal limit in the State of Florida is .08. Find out how the tampa DUI attorney convinced the State Attorney to reduce this charge to a reckless driving.

Tampa Domestic Violence Injunction Attorney Forces Dismissal Where Petitioner Fails to Establish Jurisdiction

Category: Domestic Violence

The client/respondent was a United States Navy military police officer stationed out of Portsmouth, Virginia. Between 1999 and 2000 he had a relationship with the petitioner that resulted in the birth of his son. After a period of time the client separated from the petitioner and she took the child to California. As years past the x-girlfriend made it very difficult for the father to see his son, but eventually he was able to make contact. Although the client met someone else and got married, he remained devoted to his son. In August of 2008 the petitioner/x-girlfriend agreed that the child could fly up to Virginia to visit his father. Shortly after the boy returned the mother claimed that the father had sexually molested their son during his visit to Portsmouth, Virginia. The petitioner/x-girlfriend/mother filed a petition for an injunction against domestic violence on behalf of her son in Tampa, Florida. The findings made by a number of government agencies led us to believe that the mother coached her son to make these allegations when she learned how much the child enjoyed being with his father. Obviously, an injunction of this type would permanently destroy any relationship between our client and his son. We believe the intent of the x-girlfriend/ petitioner was to convince the judge in the injunction court to enter a permanent injunction to protect her son(involving these allegations of sexual abuse against the child), and then use it in a custody dispute in front of a different family law judge. This practice is far too commonplace in domestic violence injunction court. The issue is not a threat to the petitioner, but an attempt to get an advantage in a custody dispute. Unfortunately, many times family law/divorce attorneys play a major role in these types of frivolous actions. The facts of this case ultimately led us to file a motion to DISMISS which the Court GRANTED. Find out more about the questionable tactics that some tampa lawyers employ in an attempt to get the upperhand in a custody dispute.

Tampa Child Abuse Attorney Gets Charges Dismissed at Pre-Filing

Category: Criminal Law

The client was the victim's brother. His sister was in her senior year of highschool when the family started noticing a number of behavioral problems. She began disappearing after school, and made the rest of her family very concerned for her well-being. One day after school the client began arguing with his sister about her behavior. The verbal altercation eventually escalated into a fight. First, our client pushed his sister, and we she attempted to defend herself he began striking her with his belt. The client came to our office shortly after child protective services appeared at their home. After discussions with the client we addressed the State Attorney before formal child abuse charges were filed. Find out how this charge was dismissed, and why it is so important to retain your tampa criminal attorney as soon as you feel you have become the subject of a criminal investigation.

Tampa Domestic Violence Attorney Convinces Court to Deny Petition for Injunction (Plant City)

Category: Domestic Violence

The client/respondent was a law enforcement officer with the Seminole Police Department in Tampa, Florida. His ex-girlfriend/petitioner was also employed by the Seminole Police Department. During their relationship they had a child together. At the time the petition was filed the boy was two years of age. The petitioner in this case, unfortunately, represents a very large group of people who often times petition the Domestic Violence Relations Court for a domestic violence injunction in an attempt to gain an advantage in a custody dispute. Her one and only concern in filing the injunction had nothing to do with fearing our client/respondent. She wanted to gain leverage in front of the Family Law judge. Learn the steps taken by the tampa criminal defense lawyer to defend against the parent that files frivolous peititons for injunctions and false criminal charges. Once this tactic is exposed to the family law court it can backfire on the parent who has abused the other parent and our judicial system.

Tampa Criminal Attorneys Get Dismissal on Domestic Battery and Marijunana Charges

Category: Recent Wins

The client and his uncle started arguing after the air-conditioner went out in their home. The victim claimed that the client threw him on the ground, and then landed on him breaking his ribs. The police arrived after the victim went to a neighbors house to call 911. After our client gave a statement to police he was arrested, and transported to the Orient Road Jail. Unfortunately, before he left he put on a pair of pants that contained marijuana and he was charged with possession shortly after he arrived at the jail. A tampa lawyer can bring about a dismissal on many domestic violence battery charges if certain steps are taken during the discovery process.

Tampa DUI Attorneys Get Reckless Despite Blows of .217 and .226, and Crash

Category: DUI

The client was driving his vehicle in the area of West Linbaugh Avenue when he rear ended another motorist. Shortly after the accident a Hillsborough County Sheriff's Deputy reported to the scene. Our client had been drinking heavily at a local bar before crashing into the other vehicle at a stoplight. When law enforcement arrived our client was standing outside the driver's side of his vehicle. He was asked to perform field sobriety tests, but was unable to complete them. He was arrested for his second DUI within a 5 year period and transported to the Orient Road Jail. After arriving at the jail he consented to the breathalyzer and blew .217 and .226. The legal limit in the State of Florida is .08. Get more details on how the tampa DUI attorney prevented the client from having to suffer through the following sanctions:

1) pleading to the DUI charge (charge reduced to reckless driving)
2) a mandatory jail sentence,
3) a five year suspension of his driver's license,
4) and a $1,000.00 fine

Child Abuse Charge is Avoided by Tampa Criminal Attorney

Category: Recent Wins

The client was alleged to have beaten her grandson with a belt on numerous occasions. She was employed by the Hillsborough County School system which further complicated her situation. Before retaining our office she decided to cooperate with law enforcement and gave a statement. Despite the statement and photographs of the victim we were able to bring about a resolution which should lead to a dismissal of her charges. For more information visit our website.

Tampa Criminal Attorney Prevents Prison Sentence on Lewd and Lascivious Charges

Category: Recent Wins

The client was alleged to have had lewd and lascivious contact with two young females at the Adventure Island Water Park in Tampa, Florida. Both Charges carry a maximum Florida State Prison sentence of 15 years. The incident occurred while standing in line at one of the many rides at the park. The contact was witnessed by numerous independent witnesses, and the client agreed to give a statement to the police. Find out what steps the tampa criminal attorneys took to prevent a prison sentence for the client.

Carrrying Concealed Weapon Charge Dimissed by Tampa Criminal Attorney

Category: Criminal Law

The client was detained after she attempted to get through security at the Tampa International Airport. She was traveling home to New Hampshire and forgot about a knife that had been left in her purse. Her story is like many others that get arrested with these weapons coming through security. When security questioned her about the knife she could not deny owning the knife. All she could do was tell them that she forgot it was in her bag. To the Airport security personel that fact is unimportant, but to the criminal courts it is extremely important. If you have no knowledge of a weapon in your bag, you cannot be found guilty of being in possession of that weapon. Find out how knowledge plays a role in possession charges and how the tampa criminal lawyer forced a dismissal in this case.

Tampa Criminal Attorney Gets Cocaine Charge Dismissed

Category: Criminal Law

The client was a passenger in a vehicle when the driver was stopped for DUI. A Tampa Police officer claimed that he requested our client to exit the vehicle for safety reasons. Shortly after the client exited he was patted down for drugs or weapons. During the pat down the officer claimed that the client was holding his legs together. When he finally pulled his legs apart for the pat-down out came a plastic baggie which later tested positive for cocaine. A number of issues arose during this investigation surrounding not only the true owner of the cocaine, but also the actions of law enforcement. In almost every criminal case, all tampa criminal attorneys must first address the 4th amendment issues surrounding the stop and search of their client. If your lawyer files a motion to suppress in your drug case it could lead to a dismissal of the charges.

State Attorney "No Files" Sexual Battery Charges After Gainesville Criminal Defense Attorney Completes Investigation (Alachua County)

Category: Criminal Law

A six year old girl claimed our client committed sexual battery on her. Sexual Battery carries a life sentence in Florida State Prison if convicted. Our client was a day camp counselor, and it was alleged that he committed this offense during a field trip. Law enforcement continued to use the threat of these charges to try and convince our client to submit to a polygraph administered by them. We advised our client not to submit to law enforcement's polygraph examination due to the circumstances surrounding the case. The State Attorney eventually "no filed" the charges. Learn the pitfalls of submitting to law enforcement's polygraph examination from a tampa criminal attorney.

Naples Criminal Attorney Gets Probation Terminated (Collier County, Hillsborough County)

Category: DUI

The defendant was arrested in Tampa for DUI in July of 2007. His case was eventually reduced to a reckless driving and he was put on probation. During the period of probation he moved down to Naples, Florida where he received another DUI. He went on probation in Collier County and violated his probation. After he entered a treatment program in Naples he called us to find out whether we could resolve his probation violation in Tampa. We pointed out to the Court the conditions that were met by the client, and his reckless driving probation was terminated. Find out how the tampa criminal lawyer brought about the termination of the client's probation.

Lakeland Criminal Attorney Gets Three Drug Charges Dismissed Due To Police Misconduct (Polk County)

Category: Criminal Law

The client was arrested at his doorstep shortly after being confronted by sheriff's deputies from the Polk County Sheriff's Office. These deputies were attempting to execute an arrest warrant issued for his son. After putting our client in handcuffs the officers led him into his house. The client asked the officers about the warrant, and they eventually realized that he was not the subject of the warrant. Shortly after becoming aware of the mistake the deputies took the handcuffs off the client, and asked him if they could check to see if his son was in the house. The officers ultimately searched the residence and found three marijuana pipes. After the officers threatened to arrest his wife, the client told the deputies the pipes were his. A number of issues were raised by the officers entering and searching the home in this manner. First, if they felt they had the right person they should have taken him to the county jail without entering into the home. Second, an arrest warrant has certain limitations. The courts are very aware that law enforcement may abuse the authority to search for someone in the home and attempt to search for drugs during the execution of an arrest warrant. Third, even if consent to search was given, it only came after the officers asserted their authority by handcuffing our client and walking into his home. Find out 4th amendment suppression issue asserted by the tampa defense attorney that led to the DISMISSAL of the charges.

Domestic Violence Charge "No Filed" Against Tampa Man

Category: Criminal Law

State v. A

The client got involved in a shoving match with his wife after a short verbal altercation. This domestic violence charge, like many others, was sparked by alcohol consumption. After law enforcement reported to the scene they took statements from both parties. Despite the wife's pleas the police arested her husband, and he was transported to the Orient Road Jail. During our initial interview our client wondered whether retaining a lawyer was even necessary. Why hire an attorney when the contact was minor, and the victim is not interested in pursuing the case against you? These factors do not play a role in how the State Attorney's Office approaches these cases. The state has the ability to force the victim into court over their objection, and if they decide to change their story it could create major problems for the victim. Find out how the tampa criminal lawyers convinced the prosecutor to "no file" (dismissed) the domestic battery charge without creating any unnecessary problems for the victim.

Despite 4th DUI Arrest, Sarasota DUI Reduced to Reckless Driving by Tampa Criminal Attorney (Sarasota County)

Category: Criminal Law

The client was stopped for speeding by a sarasota sheriff's deputy at 2:17 a.m. He was arrested, and transported to the county jail shortly after he failed the field sobriety tests. When the handcuffs were placed on the client he stated, "I know I messed up, but do you have to arrest me?" Despite the officer's opinion we approached the State about our client's performance on the field sobriety tests. We felt he performed well on the tests, and they were critical to the State's case since the client refused to blow into the breathalyzer. Consequently, the only real evidence of intoxication was the client's performance on the FST's. Eventually, the State agreed to reduce this charge on the day of trial. Get more information on how the tampa dui attorney resolved this case and what role the field sobriety tests play in any DUI.

Tampa Criminal Attorney Re-Directs Child Abuse Investigation

Category: Criminal Law

The client was investigated by the Hillsborough County Sheriff's Office for child abuse. His child came home from daycare with a fracture to his skull. The daycare refused to accept responsibility and pointed the finger at the child's parents. After discussions with our client and a review of the child's medical records we contacted law enforcement. Eventually the detective was convinced to focus his investigation on the daycare. Learn the subtle distinctions between lawful corporal punishment and child abuse from tampa criminal attorneys.

Tampa Criminal Attorney Gets Dismissal of Domestic Violence Charge

Category: Criminal Law

The client became angry at her boyfriend and threw a vase at him during a verbal altercation. She called the Hillsborough County Sheriff's Office the day after the incident in an attempt to have her boyfriend arrested. Inconsistent statements on her part led to her own arrest for domestic violence. Many people call the police in an emotional attempt to punish their significant other. Initially, the client's decision backfired, and she was charged. Once we met her in our office we were able to contact the state attorney and her charges were dismissed. Find out more about domestic battery, and how tampa attorneys resolve these charges.

Negotiations By Tampa Criminal Lawyer leads to Dismissal of Battery Charge Against Tampa Woman

Category: Criminal Law

Our client became very upset when her husband returned home from a night out with his friends. An argument ensued and she eventually struck her husband in the face. When Tampa Police arrived on scene they interviewed both parties and believed our client's conduct amounted to a battery. Unfortunately, there is an unwritten rule followed by many law enforcement agencies. That policy basically amounts to the following: "If someone calls 911 someone is getting arrested". The husband had visible scratches around his neck, and our client had none. This was enough in the officer's eyes to make an arrest. Luckily, our client wasted no time in seeking out a lawyer and retained our office immediately. We contacted the State Attorney conducting the intake on this case and explained how the husband was the initial aggresor. The charge was dissmissed. Find out more about the intake process, and why it is so important to retain the services of a tampa criminal attorney as soon as possilble.

Wesley Chapel Man Accused of Sexual Battery is Vindicated through Investigation and Polygraph (Pasco County)

Category: Criminal Law

State v. C

A vicious young girl decided to get rid of her step-father by falsely accusing him of sexual battery when her mother refused to let her move in with her biological father. After conducting our initial investigation we decided to have the client submit to a polygraph examination. The results were favorable, but more steps were necessary before the detective would end his investigation. Get more information on how tampa criminal attorneys utilize polygraph examinations.

State Attorney in Daytona Drops Open Container Charge (Volusia County)

Category: Criminal Law

State v. B. ; Judge: Dawn Fields

The client was a highschool honor roll student that decided to celebrate Fourth of July with friends in Daytona Beach, Florida. A Daytona Beach Police officer noticed our client standing near a picinic table with a number of beer bottles left on it. He ordered her to sit down at the table. Before she could explain that she was not with the group of people that was eating at the table earlier, the officer cited her for open container. The client's friends were also charged for possession. Instead of fighting the charge the client's co-defendants entered into intervention programs. After discussions with the state attorney the officer was contacted. Eventually, the officer agreed he may have cited her before finding out whether she was actually in possession of the beer. Find out how the Tampa criminal defense attorney convinced the Daytona State Attorney to drop the charge against our client.

Tampa Criminal Lawyer Negotiates Dismissal of Drug Charges (3.9 Grams of Marijuana) in Plant City

Category: Criminal Law

Our client was stopped for speeding by the Hillsborough County Sheriff's Office in Plant City. After conducting the stop the officer asked for consent to search the car. The search resulted in charges for possession of paraphernalia and possession of marijuana. 3.9 grams of marijuana was found in a plastic baggie in a pocket behind the driver's seat. Tampa criminal lawyers must analyze a number of issues before determining whether a suspects consent is voluntary. Our research in this case led to a dismissal of the charges.

Petitioner Agrees to Dismiss Injunction For Protection Against Domestic Violence

Category: Criminal Law

B. v. M. ; Judge: Cheryl K. Thomas

Our client became involved with an exotic dancer. She claimed our client threatened her when he came to her home and refused to leave. According to her, he also continued to harass her at work. Find out how the tampa defense attorneys brought about a dismissal of this injunction.

DUI Reduced To Reckless Driving After Motion To Suppress .163 Blood Draw (Pinellas County)

Category: DUI

State v. M; Judge: William Overton

The Client was involved in an accident after he failed to brake at a stoplight. The passenger in the other vehicle was pregnant. After admittng he had been drinking to police officers he was transported to Ed White Hospital in St. Petersburg. In an all out effort to collect evidence of DUI from our client the police ended up coercing a blood draw. The blood draw indicated he was over twice the legal limit, but the officers methods triggered us to file a motion to suppress. Further investigation of the facts set out in the motion resulted in reduction of the DUI charge to reckless driving. The blood draw revealed that the client's blood alcohol was .163 and .161. The "implied consent" law is applied differently when law enforcement draws blood from a DUI suspect as opposed to requesting a breath sample. Intense investigation of this case, and numerous depositions brought about a reduction of the DUI charge when the Tampa DUI attorneys exposed the inconsistent statements made by the Pinellas County Sheriff's deputies.

Tampa Court Grants Motion to Suppress Stop on DUI charge Where Client Blew .162 and .169

Category: DUI

State v. C; Judge: Thomas Barber

The client blew .162 and .169. The legal limit is .08. A special DUI officer from the Tampa Police Department claimed that the defendant veered from her lane and almost struck his vehicle as he was traveling on North Dale Mabry. As she continued north the officer claimed that she accelerated over the speed limit, and began to brake erratically. Shortly after she was removed from the vehilce she attempted the field sobriety tests and performed poorly. She was arrested and transported to the Orient Road Jail. The tampa criminal attorney was able to expose inconsistencies in the officer's testimony that ultimately led to the DISMISSAL of the DUI charge.

Sarasota Teacher Avoids Statutory Rape Charge, Prison, and Sex Offender Registration (Sarasota County)

Category: Criminal Law

State v. J; Judge: Deno Economou (Sarasota County)

FACTS: The client was charged with unlawful sexual activity with certain minors. This charge is commonly referred to as "statutory rape". The charge is a second degree felony carrying a maximum of 15 years in Florida State Prison. According to police reports a 17 year old student was questioned by law enforcement about having sex with one of the geography teachers in her school. Initially, she denied the relationship, and then eventually told police that she had sex with our client on a number of occasions at his apartment. Sworn depositions with law enforcement led the tampa criminal defense lawyer to set the case for trial. Shortly before trial the Sarasota State Attorney reduced the charge.

Tampa Attorney Gets State to Drop Charges of Possession of Cocaine and Possession of Drug Paraphernalia

Category: Criminal Law

The client was found in a motel room with two other co-defendants. The police responded to a call, and were permitted into the room by the renter. While a lot of drugs and paraphernalia were found, the cilent avoided prosecution. Learn how the tampa defense lawyers forced a DISMISSAL of these charges.

Tampa Defense Attorney Convinces State to Drop Felony Charge of Resisting a Police Officer With Violence

Category: Criminal Law

The police found the client unconscious on the street. When he was awakened he attacked the officer. After negotiations with the State the charges were reduced and the client avoided prosecution. Find out how the tampa criminal lawyers were able to force the State to DISMISS the criminal charge.

Police Misconduct Results In Reduction of DUI Where Tampa Defendant Blows .208 and .205

Category: DUI

The officer began to follow our client when he noticed the rear bumper of his vehicle was about to fall off. When he questioned him our client was unable to respond to the officer's questions, and gave no explanation for the damage to his vehicle. After failing field sobriety tests he was transported to the Orient Road Jail in Tampa where he blew .205 and .208. The legal limit in Florida is .08. The Tampa DUI attorneys were able to file a motion to suppress the stop, which led the State to reduce the charge to reckless driving.

Girlfriend Strikes Boyfriend on Head with Cell Phone; Domestic Battery Charge Dismissed at Trial

Category: Criminal Law

On the night of the incident, while her boyfriend was asleep, our client found evidence on his cell phone that he was cheating on her for the second time. She then proceeded to wake him up by hitting him over the head with the phone, followed by an attempt to kick him out of the house. Police were called and charged our client with domestic battery. However, the charge was eventually dropped at trial. Get more information on how the tampa criminal attorney brought about a DISMISSAL in this and similar cases.

Domestic Battery Charges Dropped Once Police Learn Our Client was the Victim

Category: Criminal Law

On the day of the incident, our client called police in response to an argument in her home, but was unable to stay until they arrived due to the conditions inside the home. Once police arrived, her boyfriend told them that she in fact was the aggressor, causing our client to be charged with domestic battery. The charges were eventually dropped. Find out more details on how the tampa criminal lawyer forced the State to drop this charge.

Felony Possession of 2.1 Ounces of Marijuana Lowered to Misdemeanor

Category: Criminal Law

On the night of the incident, our client was out on his boat, about 9 miles offshore. Due to a bitter falling out, our client's previous business partner contacted a Marine Interdiction Agent ("MIA"), informing the agent that our client was out on his boat and was in fact a drug smuggler. The client turned over 2.1 ounces of marijuana that were on the boat when approached by the officers. In the end, this case resulted in a misdemeanor possession charge against our client. See how the tampa criminal defense attorney addressed the jurisdictional issues in this case.

DUI Lowered to Reckless Driving Despite Failed Field Sobriety Tests and Blow of .17

Category: Criminal Law

On the night of the incident, someone driving behind our client with access to police radio put out over the wire that he was swerving in his lane, crossing lanes, and almost crashed off the shoulder of the highway. Upon talking with our client, the responding officer claimed that he had slurred speech, watery and bloodshot eyes, had trouble getting out of the truck, and had the odor of alcohol on his breath. The client submitted to taking field sobriety tests, which he failed, and when arrived to jail he consented to a breathalyzer test, where he blew a .17. Find out how the tampa dui attorney forced the State to drop the DUI to a reckless driving.

Failure to Read Defendant's Miranda Rights Before Interrogation Leads to Dismissal of Possession Charge

Category: Criminal Law

On the date that our client was arrested for possession of less than twenty (20) grams of marijuana, police officers were originally responding to a domestic disturbance at an apartment complex. Upon their arrival, the officers made contact with our client and his girlfriend. During the officers' encounter with them, the officers asked both for ID, which the girlfriend had to retrieve from her apartment. While retrieving her ID, one of the officers that followed her to her apartment claimed to have smelled the odor of "burnt marijuana." When our client got to the apartment moments later, he responded to police questioning that the marijuana was in fact his. Despite this admission, the charge relating to the marijuana was dropped. Review the steps taken by the tampa criminal attorney who brought about the dismissal of this case. Many people think that your case is automatically dismissed when the police fail to read Miranda. This is not the case.

Tampa Criminal Attorney Gets State to Drop Charges of Possession of Cocaine and Possession of Drug Paraphernalia

Category: Recent Wins

State v. M;
Facts: Defendant and two others were arrested in a motel room with cocaine and other drug paraphernalia. The Defendant was charged with Possession of Cocaine and Possession of Drug Paraphernalia. Charges were eventually dismissed. Review the issues asserted by the tampa criminal defense lawyer in this case.

DUI Lowered to Reckless Driving for Underage Defendant Due to State's Lack of Proof

Category: Criminal Law

On the night of the incident, our client was involved in an auto accident with a tractor trailer truck on his way home from a concert. During a conversation with our client, the responding officer claimed to smell alcohol on his breath. After failing the field sobriety tests and blowing a .14, he was arrested for DUI. The charge was subsequently dismissed by the State. Get a more detailed explanation from a tampa dui attorney.

Drug Charges are Dismissed Despite Finding Marijuana in Truck

Category: Criminal Law

Our client's ex-girlfriend called the police to her house in response to an argument between her and our client. Upon arrival, the officers searched our client, but found nothing. However, while walking by his truck in the driveway of the home, one of the officers flashed their flashlight into the truck, locating a bag of marijuana on the passenger seat. Our client was then arrested for possession of less than twenty (20) grams of marijuana. In the end, our firm was able to point out the flaws in the State's case, and the charge was ultimately dismissed. Get more detailed information on the steps taken by the tampa criminal attorney in this case.

Underage Defendant Gets DUI Charge Dismissed After Police Fail to Follow "Fellow Officer Rule"

Category: Criminal Law

Our underage client was arrested and charged with DUI, leaving the scene of an accident, and possession of drug paraphernalia. Due to extenuating circumstances, the third officer to arrive at the scene made the arrest on information provided by two officers that were there previously. All charges were dismissed. Get more detailed information from the tampa dui attorney that resolved this DUI charge.

Despite Blow over .20, DUI Lowered to Reckless Driving

Category: Criminal Law

Our client was pulled over for weaving. Due to some difficulties in performing field sobriety and breathalyzer tests, our client submitted to have her blood taken. It was discovered her Blood Alcohol Content (BAC) was over .20. The client was then arrested for DUI. In the end, our firm was able to have the charge dismissed. Get more information on the steps taken by the tampa criminal attorneys that resolved this case.

Probation continued for Tampa Defendant with New Charge

Category: Criminal Law

State v. M; Judge: Daniel Perry

FACTS: The client was placed on felony probation for Burglary of an unoccupied Dwelling in June of 2006. One of his conditions of probation was to successfully complete a drug treatment program. While on probation he was involved in an auto accident and was ultimately charged with leaving the scene of an accident. Shortly after the accident his truck was repossessed which forced him to miss his drug treatment program. His affidavit of violation of probation contained two violations. First, he committed the new law offense while on probation (leaving the scene of an accident), and second, he failed to successfully complete his drug treatment. We filed a motion to surrender our client to Judge Perry in an effort to avoid any jail time, and hopefully resolve his violation in front of the judge.

DEFENSE: The client had a very good job as a mechanic working on heavy machinery. The auto accident caused the loss of his vehicle and kept him from attending the drug treatment classes. He did have a good record of attendence before the accident occurred.

RESULT: The Court did not take the client into custody or violate his probation. He was continued on probation and given the oppurtunity to successfully complete probation. If you want more information link to the tampa probation attorney who resolved this case.

12 Felony Drug Charges Dismissed in Tampa Defendant's Case

Category: Criminal Law

State v. S.; Judge: Gregory P. Holder

The client initially received 11 counts of felony drug possession. Investigation of police misconduct led to negotiations with the State, and a dismissal of all but one charge. For more information link to

FACTS: The client was initially charged with 11 counts of Possession with intent to sell marijuana, 1 count of possession of controlled substance, 1 count of possession of marijuana, and 2 counts of possession of paraphernalia. He was pulled over on State Road 93 by the Florida Highway Patrol for speeding. After he was stopped the trooper allegedly smelled a strong odor of marijuana as he approached the client's vehicle. The trooper stood on the passenger side of our client's vehicel and asked him to roll down the window. The client was unable to roll the window down and the trooper decided to open the door himself. After he opened the vehicle he told the client he was going to conduct a search. He found 126 grams of marijuana packaged in numerous individual baggies, prescription pills, and $2,200.00 in cash.

DEFENSE: We immediately contacted the intake attorney at the Hillsborough County State Attorney's Office and discussed charges. This led to the dismissal of all but three charges. We approached the prosecution about 4th amedment issues surrounding the search of our client's vehicle and an agreement was reached.

RESULT: The client pled to one charge and received no conviction on his record.

Learn more about drug charges from a tampa drug lawyer .

State's Inability to Prove Intoxication Leads to Dismissal of DUI

Category: DUI

State v. H; Judge: Lawrence Lefler

The defendant became very intoxicated drugs prescribed to him by his doctor. His driving led to a crash where law enforcement arrested him after determining he was unable to perform field sobriety tests. The DUI charge was ultimately dismissed. Find out how the tampa dui lawyer brought about a DISMISSAL of this charge.

Tampa Defendant's Charge of Battery on a Law Enforcement Officer Dismissed

Category: Criminal Law

State v. B; Judge: Lamar H. Battles

FACTS: The client was charged with Battery on a Law Enforcement Officer (3rd degree felony), Resisting With Violence (3rd degree felony), and Disorderly Conduct. The incident occurred at the Seminole Hardrock Gaming Casino in Tampa. The client consumed too much alcohol, and became belligerent towards security and the Seminole Police. After a lengthy argument with the police she was handcuffed. As she was being escorted by police she kicked two officers. Eventually, the client was arrested, placed in hobble restraints, and transported to the Orient Road Jail.

DEFENSE: The client was forced to the ground when she was restrained by the officers. During this process her back was to the officers, and she experienced a tremendous amount which forced her to move her leg and strike the officer.

RESULT: The Battery on a law enforcement officer, and disorderly conduct charge were dismissed, and the client entered a plea that involved no conviction on her record.

Learn more about violent offenses from a tampa criminal lawyer.

Aggravated Battery on Pregnant Woman Charge Dismissed Against Tampa Defendant

Category: Criminal Law

State v. P; Judge: Nick Nazaretian

FACTS: Battery on a pregnant woman is a second degree felony punishable by maximum of 15 years in Florida State Prison. It is a level 7 offense that scores immediate prison for even a first time offender. This is another case that emphasizes the importance of retaining representation in criminal cases as soon as possible. The client was arrested after he had an argument with his girlfriend who had been pregnant for over 7 months. He became angry when he found out about a phone call that was made to his girlfriend's cell phone. The victim claimed that she was injured when he pushed her to the ground.

DEFENSE: The defendant admitted that there was an argument between the two of them, but he denied having any role in her injury. We argued at trial that the victim had slipped on clothes that were laying on the ground next to their bed.

RESULT: Our office addressed the felony charge with the State Attorney's Office the moment it was assigned to a prosecutor. The felony charge was reduced to domestic battery, and we tried the case in County Court. Ultimately, the Court found the client not guilty.

Learn more about domestic violence from tampa criminal lawyers.

Tampa State Attorney's Office Dismisses Witness Tampering and Domestic Battery Charges

Category: Criminal Law

FACTS: The client was charged with domestic battery and witness tampering by his sister. An argument ensued after the victim's boyfriend tried to run over our client's father in a truck. During the argument the victim (sister)claimed our client struck her in the face. His sister became very upset with him, and ultimtely tried to notify police of the incident. While the victim was attempting to contact law enforcement the client ripped the phone out of the wall.

DEFENSE: The victim was attempting to strike our client when he grabbed her. The victim eventually admitted she had been drinking that night. She also admitted that the defendant never prevented her from contacting the police.

RESULT: The witness tampering charge and the domestic battery charge were "no filed" (dismissed) by the State Attorney's Office.

Learn more about the resolution of this case and other violent offenses from a tampa criminal attorney.

Plea Deal in Felony DUI Case Raises Questions About the Legality of Many Stops

Category: Criminal Law

State v. L.; Judge: Gregory P. Holder; William Fuente

FACTS: The defendant was charged with his third DUI charge within a ten-year time span. This aggravates the charge from a misdemeanor to a felony with a possible maximum sentence of 5 years in the Florida State Prison System. The defendant was witnessed driving his vehicle toward the Dale Mabry entrance of Macdill Airforce Base. He approached at a high rate of speed, and swerved abrupty before he reached the gate. After he stopped at the gate he asked the Military Police Officers (MP) whether this was "the way to Gainesville". The military police officer claimed that he could smell a distinct odor of an alcoholic beverage on the client's breath. He also observed that our client's eyes looked watery and bloodshot, and his speech was very slurred. The MP then ordered the client to turn off the vehicle and hand him the keys. After he received the keys the MP placed spike strips behind the client's vehicle. A few moments later the client jumped from the driver's seat to the passenger's seat, and claimed that someone else had been driving. Pursuant to Florida Statute 901.15(10) the military police officer called the tampa police department, and filled out an affidavit describing his observations. A tampa police officer arrived on scene and arrested the defendant after he refused to perform all sobriety tests.

DEFENSE: There have always been discussions among attorneys in the tampa area about the legality of stops made by the military police at MacDill Airforce Base. Many believe that the military police can stop suspects pursuant to Florida Statute 901.15(10). However, 901.15(10) requires that the military police officer make his observations "on federal military property".

Initially, we filed a Motion to Dismiss the charge claiming that the initial detention of the client was unlawful because the stop occurred on federal property. What made this property special was the fact that it had been deeded to the federal government by the State of Florida in 1950. The federal government retains exclusive jurisdiction over any crimes that occur on property transferred in this way. In response to the Motion to Dismiss the State Attorney in his traverse, swore under oath that the Dale Mabry guard gate sits on municipal property owned by the city of Tampa. Our office in turn filed a second motion to suppress the stop of our client because Florida Statute 901.15(10) requires that the military police officer witness our client on "federal military property". Hillsborough County Circuit Judge William Fuente ruled on our Motion to Suppress. In deying the Motion for Re-hearing the Court stated that the military police officers had discretion to defer the investigation to civilian authorities, "regardless of the status of the property at the gate, be it city property or federal property". Subsequent to the Court's ruling we entered further negotiaitions with the State Attorney's Office. Ultimately, the State agreed to reduce the FELONY DUI charge to a MISDEMEANOR in exchange for a waiver of our right to appeal the jurisdictional issues involved in the above motions.

RESULT: The felony dui charge was reduced to a misdemeanor DUI occurring outside of a five year time span. As a connsequence, our client avoided not only a possible State Prison Sentence, but also a mandatory Hillsborough County Jail sentence. In our opinion all stops made by miilitary police officers at the Dale Mabry guard gate pursuant to 901.15(10) are unlawful, and should be challenged in the future.

Learn more about DUI from a tampa dui lawyer.

False Imprisonment and Domestic Violence Charges Dismissed in Tampa Defendant's Case

Category: Criminal Law

State v. B; Judge: Nick Nazaretian

FACTS: The client was charged with False Imprisonment, Domestic Battery, and 2 charges of Violation of a Domestic Violence Injunction. The client, and his wife had a dinner party with friends from out of town. After the party ended the client came into the bedroom and began to argue with his wife. She eventually went into the bathroom and he followed her. After they entered the bathroom the client's son opened the door and ran to his mother. The argument continued, and according to the victim our client struck her while she was holding their son. She also claimed that our client locked the door, and refused to let her leave the bathroom. The Tampa Police arrived on scene and arrested the client.

Days after his arrest the client was served with a domestic violence injunction. Despite the Court's order he made attempts to contact the victim through a third person, and then tried to send her flowers.

DEFENSE: We contacted the State attorney before the charges were formally filed and explained the circumstances surrounding altercation, and our client's position. As a result of the discussion, the false imprisonment charge (3 degree felony) and the injunction violation charge were both no filed(dismissed). The other violation of domestic violence injunction charge and the battery charge were filed in county court. We filed a demand for speedy trial in county court and the State Attorney was unable to bring forth the necessary evidence to prove the remaining charges.

RESULT: The false imprisonment charge; two (2) violation of domestic violence injunction charges; and the domestic violence battery charge were dismissed.

Learn how tampa criminal attorneys aggressively defend domestic violence charges.

Tampa Defendant's Charges Dismissed While He Awaits Extradition From Federal Prison

Category: Criminal Law

State v. N; Judge: Ronald Ficarrota; Date: January 3, 2008

FACTS: Our client was being held in Federal Prison awaiting extradition to Tampa, Florida. The case was initially prosecuted in March of 1999. Our client was arrested, and failed to appear at his arraignment. When he was convicted out-of-state the old warrant from Tampa held up his sentencing in Federal Court. We initially filed a motion to dismiss the warrant, and the charges based on Statute of Limitation grounds.

DEFENSE: Further investigation into the case revealed that the State would not be able to effectively prosecute.

RESULT: The Client was never extradited to Tampa, and his charges were dismissed.

Find out how a tampa criminal defense attorney resolves extradition cases.

4 DUI Charges are Dismissed for Pasco County Defendant

Category: DUI

State v. T.; Judge: William G. Sestak (Pasco County); Date: January 28, 2008

FACTS: The client was charged with four (4) DUI'S with personal injury; one (1) DUI; three (3) leaving the scene of an accident charges; and a traffic citation. The defendant (client) is a nurse at the Florida Hospital. According to the Florida Highway Patrol, the client was traveling westbound on State Road 54 when his vehicle began weaving, and driving into oncoming traffic. Witnesses stated that our client eventually struck the rear of another SUV, and then fled the scene. A short time later the client collided with a second chevrolet, and left the scene of that accident. The client continued to have trouble controling his vehicle, and ended up colliding with a mailbox, and left the scene of that accident. The client then struck a ford truck, and left the scene again after the fourth collision. Eventually, the client came to rest on the shoulder of State Road 54 near Boyette Road. According to the witnesses the client exited his vehicle through the driver's side window. As he stood on the side of the road the client began staggering and having trouble maintaining his balance. When paramedics arrived on scene they recovered a hypodermic needle with fresh blood on the syringe from inside the client's vehicle.

Paramedics suspected the client had possibly overdosed and transported him to the Florida Hospital. After arriving at the hospital the trooper questioned the defendant about his condition. The entire time the defendant was incoherent and unable to respond. The trooper then read the defendant Florida's "implied consent law". Florida Statute 316.1932 (c) states the following:

Any person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by operating such vehicle, deemed to have given his or her consent to submit to an approved blood test for the purpose of determining the alcoholic content of the blood or a blood test for the purpose of determining the presence of chemical substances or controlled substances as provided in this section if there is reasonable cause to believe the person was driving or in actual physical control of a motor vehicle while under the influence of alcoholic beverages or chemical or controlled substances and the person appears for treatment at a hospital, clinic, or other medical facility and the administration of a breath or urine test is impractical or impossible. As used in this paragraph, the term "other medical facility" includes an ambulance or other medical emergency vehicle. The blood test shall be performed in a reasonable manner. Any person who is incapable of refusal by reason of unconsciousness or other mental or physical condition is deemed not to have withdrawn his or her consent to such test. A blood test may be administered whether or not the person is told that his or her failure to submit to such a blood test will result in the suspension of the person's privilege to operate a motor vehicle upon the public highways of this state and that a refusal to submit to a lawful test of his or her blood, if his or her driving privilege has been previously suspended for refusal to submit to a lawful test of his or her breath, urine, or blood, is a misdemeanor.

When asked whether he would be willing to submit to a blood draw the client was "unable to agree or disagree" according to the trooper. Despite the fact that the trooper had the ability to order the medical staff to draw the defendant's blood, he did not. Instead, the trooper claimed that the defendant "refused" to submit to a blood test.

DEFENSE: The trooper's failure to draw blood created a major problem for the state prosecutor. The prosecutor could not argue that the defendant refused the test because the facts clearly contradicted that argument. In addition, the hypodermic needle with fresh blood on it wasn't relevant unless the prosecutor could prove that our client had some controlled substance in his system.

RESULT: The State DISMISSED three (3) DUI with personal injury charges; one (1) dui charge; ; three (3) leaving the scene of an accident charges; and a traffic citation. The fifth DUI charge was reduced to a reckless driving and the defendant received probation.

Burglary Charges Dismissed for Tampa Juvenile Defendant

Category: Criminal Law

State v. S; January 15, 2008

FACTS: This juvenile client was charged with Burglary of an Unoccupied Residence, and Grand Theft in the first degree. Allegedly, he and two co-defendants, burglarized the home of the victim. The officer's report indicated that our client drove the co-defendants to the home of the victim where they broke in through a sliding glass door. Once in the home they took $30,000.00 from inside the master bedroom.

DEFENSE: The defendant never admitted to breaking and entering into the home, and the evidence placing him inside the home was lacking.

RESULT: The State "no-filed" (dismissed) the burglary charge and the grand theft charge.

Sarasota Defendant Pleads to Reduced Fraud Charge

Category: Recent Wins

State v. C; Judge: Charles E. Roberts, Sarasota County; January 16, 2008

FACTS: The defendant was charged with worker's compenation fraud totalling $81,000.00. The police report stated that the defendant had fraudulantly claimed that an accident had occurred at his place of business in sarasota county. The accident occurred when a marble slab fell on top of the client in his warehouse. The slab injured the client's wrist severely, but he was still able to drive to Tampa to be treated at St. Joseph's Hospital.

RESULT: The client pled to a reduced charge and received probation, without a conviction.

Tampa Habitual Traffic Offender Gets License Back

Category: Criminal Law

State v. T; Date: December 6, 2007

FACTS: Defendant (client) received three separate Driving While LIcense Suspended (DWLS) charges over a three year period. Many people do not understand that paying a DWLS ticket can qualify you for habitualization. When you pay a ticket for Driving While License suspended Without Knowledge you are adjudicated on the offense. An adjudication on that type of offense will qualify for habitualization even though it is a civil traffic infraction.

DEFENSE: Due to the nature of the client's plea agreements we were able to remove his past convictions for DWLS.

RESULT: The client's habitualization status was rescinded and he became eligible for a new license.

Extradition: Defendant Released from Tampa on Texas Fugitive Warrant

Category: Criminal Law

State v. G.; Judge: Walter Heinrich; Date: December 13, 2007

FACTS: The Defendant (client) became very intoxicated at a party in San Antonio, Texas and struck another man in the head with a full beer bottle. The injury was severe, and required a number of stitches. Shortly after he struck the victim, the client left Texas, and returned to Tampa, Florida. The Texas authorities investigated the case, and filed a charge of aggravated assault with a deadly weapon (bottle). Shortly after the charge was filed, a fugitive warrant was issued from the State of Texas. The Texas charge had a bond of $75,000.00.

The client was eating dinner at a local Tampa restaurant when he was approached by law enforcement. After confirming his identity, the police arrested the defendant on the Texas warrant, and transported him to the county jail in Tampa to await extradition.

We contacted a lawyer in Texas for the client. He arranged for a reduction of the bond to $20,000.00. We also contacted the prosector in Texas to arrange our client's release in Tampa. Negotiations with the Texas prosecutor led to the release of our client in Tampa. If the proper arrangements are made it is possible to avoid a very long extradition process! Our client manages a very successful business, and his release allowed him to fly to Texas and make bond, without having to be transported by bus. Extradition and the transportation process can sometimes take weeks.

Tampa Defendant's Battery on Law Enforcement Officer and Resisiting With Violence Charge Dropped

Category: Criminal Law

State v. G.; Judge: Ronald Ficarrotta; Date: September 17, 2007

FACTS: The Defendant (client) was charged with Battery on a Law Enforcement Officer (3rd degree felony), and Resisting With Violence (3rd degree felony). He was already very intoxicated when the police arrived at his home on the night of the incident. During the investigation, conducted by the Hillsborough County Sheriff's Office, the client became upset because his girlfriend was being arrested. In an attempt to get to his girlfriend he pushed one of the deputies, and was arrested. During his arrest he struck struck the same deputy.

DEFENSE: While the State Attorney's Office takes all crimes involving violence very seriously; violent crimes against law enforcement officers are given even more attention. We provided evidence, through witnesses, that the contact with the deputy was inadvertant.

RESULT: The Battery on a Law Enforcement Officer was nolle prossed (dismissed), and the Resisting With Violence charge was reduced to a misdemeanor. The Defendant was placed into an intervention program on the misdemeanor. If successfully completed, that charge will also be dismissed.

Victim Wrongfully Accuses Tampa Defendant in Scam

Category: Criminal Law

State v. S; Judge: Artemus McNeal; Date: November 27, 2007

FACTS: The client (defendant) was charged with two counts of worthless check. She experienced some financial problems, and a co-worker agreed to lend her $1,600.00. The co-worker asked his wife for the money and she gave it to her husband, who then lent it to the defedant. The client was unable to pay the money back as quickly as the agreement required which caused her co-worker's wife to become extemely upset. As a consequence, the client paid not only the money she borrowed, but a substantial amount of interest. After numerous angry phone calls from her co-worker's wife, the client was able to pay back the money in full. She agreed to meet her co-worker and his wife at a bank parking lot and give them the $1,600.00. The client showed up and paid them the $1,600.00. However, $1,300.00 of the $1,600.00 was paid back in cash, and the client never got a receipt from the victim. The victim (co-worker's wife) realized that the cash would be difficult to track, and claimed the debt was never paid. She took her bounced check from the client to the State Attorney's Office, and filled out all the proper paperwork.

DEFENSE: When the victim received the $1,300.00 in cash from the defedant she also received a check in the amount of $295.00. After receiving this money from the client she drove to her bank and immediately deposited the check, and the cash. We had trouble getting discovery evidence (copies of checks) from the State initially, but once we did the copy of the back of the checks exposed the victim's scam. The back of the $295.00 check not only revealed the date and time of the deposit, but also the additional $1,300.00 deposit made in cash. These records matched against our client's bank records showed the victim was lying about the payment.

RESULT: The Nolle Prossed (dismissed) all charges.

Tampa Defendant Avoids Prison on Possession of Child Pornography VOP

Category: Criminal Law

State v. M; Date May 8, 2007

FACTS: The defendant (client) was violated on his sex offender probation (Possession of Child Pornography, Use of Computer for Solicitation) for failing to make a full and truthful report about his income, and for failing to make his employer aware of his probation status. The client was hired to build a website for a customer. The customer was not happy with the website and wanted her money back. When she found out the client was on probation for a sexually related charge, she called his probation officer in an effort to get her money back.

DEFENSE: Designing the website for the customer did not involve accessing the internet. The actions of the disgruntled customer were an effort to use the Department of Corrections to solve her contract dispute with the defendant (client).

RESULT: The client was continued on his probation with the same terms and conditions.

Tampa DUI Charge is Dismissed Where Defendant Blows .215 and .197

Category: DUI

State v. N.; Judge: John N. Conrad; Date: August 27, 2007

FACTS: Law enforcement observed the client, a college student, traveling 65 mph in a 55 mph zone, and following other vehicles "too closely". The officer ultimately stopped the client's vehicle at I-275, south of Westshore Boulevard for suspicion of DUI. As he spoke to the defedant at the driver's side window the officer claimed to have smelled an odor of an alcoholic emanating from her breath. The DUI enforcement officer arrived on scene and noticed the defendant had bloodshot/glassy eyes, and was very unsteady on her feet. The defendant performed the field sobriety tests and performed poorly. A short time later she was arrested and transported to the county jail. Upon arrival she submitted to a breath alcohol test and registered a .215 and .197. The legal limit in Florida is .08.

DEFENSE: Despite the fact that the description of the driving pattern seemed terrible at first glance, further investigation led to information that explained her driving. We filed a motion to suppress all the evidence that emanated from the stop of the vehicle.

RESULT: The DUI charge was DISMISSED.

Investigation Leads to Dismissal of Tampa Defendant's Aggravated Assault and Cruelty to Animals Charge

Category: Criminal Law

State v. F; Judge: Ronald Ficarrotta; Date: August 20, 2007

FACTS: The Client was charged with Aggravated Assault on a Code Inspector and Cruelty to Animals . The aggravated assault charge was a second degree felony punishable by up to 15 years in Florida State Prison. In September of 2006, animal control services (ACS) received a report regarding "loose dogs" at our client's place of business. After the animal control officer reported to the scene she asked the client where the dogs were being housed. The client led her to an area at the rear of the business where the dogs were chained to some fencing. During the investigation the officer ordered an employee at our client's business to move the dogs so she could take pictures. An arguement between the ACS officer and the client ensued. The defendant (client) picked up a wrench, called the ACS officer a "fucking bitch", and ordered her off the property. The ACS officer immediately called 911. Instead of leaving the property and calling police from the safety of her van, the officer stayed on the property, and antagonized the defendant.

After making numerous efforts to get the ACS officer to leave his property the defendant decided to leave. The ACS officer claimed that the defendant attempted to run her over on two separate occassions as he was leaving his property. Before the police could arrive the client left the scene because he felt that the police would arrest him based solely on the ACS officer's story. This decision led to the issuance of a warrant for his arrest a few days later. The defendant then contacted our office where we arranged a court date to surrender the defendant to the Court. The Court set a bond which the client quickly posted.

Animal Control Services took a very active role in the arrest, and subsequent prosecution of our client. It is important to realize that Animal Control Services works hand-in-hand with law enforcement and the state attorney's office on a constant basis. This relationship can make defending these types of cases very difficult.

Shorlty after retaining our office we began taking depositions of the alleged victim. Her story was contradicted in a number of different ways by the police report itself and statements she made to the 911 operator on the day of the incident.

DEFENSE: It is necessary in any assault case that the victim be put "in fear" by the actions of the defendant. The conduct of the ACS officer contradictied the idea that she was ever put in fear by our client.

RESULT: The Aggravated Assault charge was dismissed.

CRUELTY TO ANIMALS CHARGE

FACTS: The above charge of aggravated assault was filed in November of 2006. The animal cruelty charges were filed in January of 2007. Based on statements made by the ACS officer during deposition it appeared that she was not interested in filing any criminal charges related to the animals before the verbal altercation between her and the defendant. Animal Control Services decided sometime after the investigation for assault that additional charges of animal cruelty should be filed.

DEFENSE: We argued to the state that the charges were based more on our client's disregard for the ACS officer's authority than the facts listed in the police report.

RESULT: The Animal Cruelty Charges were Dismissed.

Tampa man charged with Felony Battery avoids mandatory prison

Category: Criminal Law

State v. C; Judge: Emmett Battles; Date: June 2007

FACTS: Our client was walking through a public park when he got into an argument with a group of men over a stolen cell phone. The argument escalated into a physical altercation. Our client was surrounded, and repeatedly struck with a large stick. He was knocked to the ground, and sustained multiple injuries including broken bones. In an effort to defend himself and escape, our client punched one of the men surrounding him in the mouth, knocking out a tooth. Unfortunately, the man our client hit was actually an innocent bystander who had come over to break up the fight. By the time police arrived our client had fled the scene to seek medical treatment. After speaking with all of the other men at the scene the officer made the decision to charge our client with Felony Battery.

DEFENSE: Self Defense, Mistake of Fact: Our client reasonably believed he was justified in using force to defend himself from his attackers. Due to the circumstances our client had reason to believe that the man that he punched was one of the men attacking him.

Many times, when investigating violent crimes, law enforcement officers are forced to rely exclusively on witness statements to decide who to arrest. Usually these situations boil down to one person's word versus another's. In this case law enforcement took statements from all of the other men involved, before ever speaking to our client. Ultimately, there were six people pointing the finger at our client.

From the moment we were retained, it was obvious that there was a lot more to the story than was contained in the police report. We worked closely with out client and a private investigator to uncover additional facts and evidence to support our side of the story.

Unfortunately, our client had a significant criminal history. Although he had not been arrested for a violent offense in many years, his prior record was used by the State to calculate the sentencing guidelines for his case. In Florida, sentencing guidelines for felony cases are calculated using the Criminal Punishment Code Scoresheet (FRCP 3.992). The State Attorney uses the scoresheet to calculate the minimum and maximum sentence allowed by law for each case. Due to his prior record, our client "scored" a minimum of 19 months prison.

RESULT: Through the use of our own private investigator, we were able to provide additional facts and evidence to the prosecutor supporting our defense. We were then able to negotiate client a "downward departure" plea agreement prior to trial, avoiding the mandatory prison sentence entirely.

Tampa Defendant Avoids Extradition From Tenessee on Violation of Probation

Category: Criminal Law

State v. C; Judge: William Fuente; Date: August 6, 2007

FACTS: The client (defendant) was put on felony probation for Obtaining a Controlled Substance by Fraud. The Court withheld adjudication (no conviction), and put him on 18 months drug offender probation. The Court agreed to transfer the defendant's probation because he lived in Memphis, Tenessee.

FIRST VIOLATION OF PROBATION:

The probation officer in Hillsborough County eventually became aware that the defedendant had been arrested for a drug charge in Tenessee. The charge was similar to the one he was put on probation for in Tampa. A warrant for the defendant's arrest was issued and the defendant was arrested in Tenessee.

When you are arrested on an out-of-state warrant it can sometimes take weeks before you are transported to the jurisdiction that put on probation; in this case, Hillsborough County. The client was able to make bond in Tenessee, and we filed a motion to surrender the client in Tampa. Shortly after he was released in Tenessee the defendant appeared in Court, in Tampa, to surrender himself.

RESULT: It was evident from the probation report that the client had been making efforts to successfully complete his supervision. After negotiations with the prosecution we were able to continue the defendant on probation. This allowed the client to return to Tenessee without serving any jail time.

SECOND VIOLATION OF PROBATION

FACTS: The client was arrested a second time for committing another drug related offense. He was taken into custody in Tenessee to await extradition. We contacted counsel in Memphis who arranged for the client to attend a drug treatment program in Tenessee. While the defendant awaited extradition in Tenessee we had discussions with the prosecution about the intesity of the treatment program, and his attendance.

RESULT: The prosecution agreed to dismiss the violation, and the client was never transported from Tenessee, or adjudicated for the violation of probation.

Defendant's Extradition From Pasco County Resolved When Ohio Sex Charge is Dismissed

Category: Criminal Law

State v. Y; Date: August 3, 2007

FACTS: The client was pulled over in Pasco County, Florida for speeding. During the stop of his vehicle the officer determined that there was a active out-of-state warrant for the client's arrest in Ohio. Unfortunately, the officer in that situation had to arrest our client, and transport him to the Pasco County Jail to await extradition to Ohio. The defendant had a very good job working with the government, and his incarceration in the Pasco County Jail was having a dramatic impact on his employment. Our office is typically retained to resolve warrants that emanate from Florida. However, many times it can be helpful to retain a lawyer in the jurisdiction that actually executed the out-of-state warrant.

Initially, the client retained our office and attempted to retain an attorney in Ohio. For some bizzare reason the attorney in Ohio refused to represent the defendant until he was actually transported to Ohio. This was extremely frustrating for the client and the client's family because it made it very difficult to resolve the criminal charge in Ohio without an Ohio criminal attorney to address the Prosecutor. Ulitmately, we contacted the Ohio prosecutor and had discussions about the merits of the charge and their desire to prosecute this sex charge from 1990.

RESULT: The Ohio prosecutor dismissed the warrant and the defendant was released.

Tampa Domestic Violence Case Dismissed

Category: Domestic Violence

State v. B.; Date: August 2, 2007

FACTS: The wife of our client had been unfaithful and ultimately told her husband about the affair. As you would expect an argument ensued and the client ended up pushing his wife. The victim received no real injuries.

DEFENSE: After investigation into the case it appeared that this was a "mutual combat" situation where the wife and the husband (client) began pushing each other almost simultaneously.

RESULT: The State terminated the prosecution of the case.

Tampa Domestic Violence Case Dismissed

Category: Domestic Violence

State v. S; Judge: Nick Nazaretian; Date: July 31, 2007

FACTS: The client got into a verbal argument with her husband over finances. Apparently, her husband went downstairs to avoid the argument, but his wife followed him and began hitting him in the face and chest area. The client then grabbed a knife and started slashing at her husband with it. The husband stated that his wife then tried to throw a pot of boiling water on him. Police arrived on scene and arrested our client (the wife), after speaking to her husband's brother about the incident.

DEFENSE: After investigating the victim's allegations it appeared that much of his story was exaggerated and contrived. He ultimately admitted that the contact between the two of them was accidental and unintentional.

RESULT: The State Dismissed the charge

Tampa DUI With .15 Breath Result is Dropped

Category: DUI

State v. B; Date: July 30, 2007

FACTS: The defendant (client) was driving southbound on North Palm Drive in Tampa when a Tampa Police Officer noticed that her headlights were off. The officer activated his emergency equipment and attempted to pull the vehicle over. As she pulled into a parking space the vehicle went up and over a curb. The officer noticed that the client's eyes were bloodshot and glassy. He also noticed that she had a odor of alcohol emanating from her breath. During questioning the defendant admitted having a few drinks, and said she was the "soberest" one in the car.

The client then agreed to perform a number of field sobriety tests, which she failed. After she was arrested she was transported to Central Breath Testing at the Orient Road Jail. She agreed to submit to a breath test which indicated .152 and .137.

DEFENSE: We filed a Motion to Suppress the stop of the defendant's vehicle which led to negotiations with the State. The client's breath result was very high, but that breath result has no bearing or relevance to the issues surrounding the stop of someone's vehicle for DUI. No matter how ugly you might think the facts of your case are it is crucial that you retain an experienced attorney to represent you. Without an experienced attorney this particular case would of probably had a much different result.

RESULT: The State agreed to drop the DUI.

Pinellas County Domestic Violence Case Dropped

Category: Domestic Violence

State v. R; Pinellas County

Allegations of domestic violence are very common during divorce proceedings. Many times false allegations are used as leverage in negotiations regarding property division, alimony and child custody.

FACTS: Our client was a succesful consultant at a leading financial corporation. At the time of the incident, he and his wife had been experiencing marital difficulties, and were contemplating divorce. One evening, they had an argument over a past relationship. At some point the argument became physical. Our client allegedley placed his hand over his wife's mouth. She responded by punching and kicking him. Eventually, both parties calmed down and reconciled. No charges were immediately filed.

Over seven months later, our client became aware of an ongoing investigation into this incident by Pinellas County law enforcement. At some point after the incident, the victim had filed a dleayed domestic violence report. Despite the fact that the report was delayed, law enforcement was obligated to investigate the case and file charges if necessary.

In an investigation involving a delayed report, often times there is little or no physical evidence. Law enforcement is forced to rely exclusivley or eye witness accounts of the events. These types of situations can be extremely dangerous, particularly when law enforcement is only hearing one side of the story.

Fortunately, our client contacted our us immediately upon hearing about the pending investigation. We were then able to contact the State Attorney's office during the "pre-filing" stage of the case, and present our client's side of the story. We were also able to make the Assistant State Attorney aware of potential evidentiary issues in his case before the charges were ever formally filed.

RESULT: Ultimately, we were able to convince the State not to file charges against our client. By contacting our office right away, our client was able to avoid being arrested and and formally charged in criminal court.

State Unable to Prove Tampa Defendant is an Accomplice to Theft

Category: Criminal Law

State v. C; Judge: Tom Barber; Date: July 27, 2007

FACTS: The defendant was walking through Sweetbay Supermarket on Dale Mabry Highway with his mother. His mother had just been through a recent divorce, and had no money to pay for any items. The Sweetbay manager saw the defendant, and his mother both loading the items from the grocery cart, into his car. The officer reported to the client's house after getting his tag number from the manager. After reading Miranda to the client and his mother the officer took their statements. According to the officer's report, "the defendant said he was unsure if his mother had paid for the groceries, but that he knew she did not have any money to pay for the items they selected." As a result of his statement, both he and his mother were arrested. The client's mother pled guilty to the theft, and her son pled not guilty.

DEFENSE: The law in the state of Florida with regard to principal or accomplice liability is fairly straightforward.

A defendant will be treated as if he did all the acts performed by the others involved in the perpetration of a crime if:(1) the defendant had a conscious intent that the crime be done, and (2) the defendant did some act or said some word which was intended to and did incite, cause, encourage, or advise another person to actually commit the crime. Charles v. State, 945 So.2d 579, (4th DCA 2006). In our case, the State Attorney could prove that our client was present in the store, and that he wasn't sure if his Mom had money to buy the items. That is not enough. The State had no information proving that the defendant had the "intent" that the crime be done, and really no reliable information that the client incited or encouraged his mother in any way.

RESULT: The State dismissed the charges on the day of trial.

Felony Possession Charge Dismissed by Tampa Criminal Defense Attorney

Category: Criminal Law

State v. H; Judge: Lamar Battles; Date: July 17, 2007

FACTS: Our client's brother found a number of cigarette cartons, and decided to hide them at the client's home. It was illegal to be in possession of the cigarette cartons in that they didn't have the Florida Tax Stamp. A confidential informant became aware of the cigarette's when the defendant's brother tried to sell him a few hundred cartons. ATF agents along with the Tampa Police Department set up a buy and caught one the suspects involved in the actual theft of the cigarettes. The first suspect gave information to police, which in-turn led to the discovery of the cigarettes in our client's home.

DEFENSE: Our client had no knowledge of the illicit nature of the cigarettes, and was not involved in their sale in any way.

RESULT: The State Dismissed the charge shortly before trial.

Tampa Criminal Defense Attorney gets Marijuana Charge Dismissed

Category: Criminal Law

State v. P; Judge: Margaret Courtney; Date: July 30, 2007

FACTS: A Hillsborough County Sheriff's Deputy was set up outside of an elementary school on Bearss and Haven Bend Road issuing tickets for speeding in a school zone. Between 7:30 and 8:15 a.m., Monday through Friday, the area in front of the Elementary school is a school zone. The speed limit at any other time is 45 mph. The cars are notified of the school zone by a flashing light on a sign that states, "school zone when flashing".

The client was traveling through the area at 8:15 a.m. The officer clocked his vehicle at 40 mph and gave him a ticket for speeding. When the deputy pulled the client over he smelled an odor of marijuana emanating from the truck. He asked him whether he had marijuana in the vehicle, and the client showed him where the marijuana was located. The client was then charged with possession of marijuana.

DEFENSE: The defendant claimed the light was not flashing at 8:15 a.m. and that he was driving below the speed limit when the officer lasered his vehicle. In this case, if the light was not flashing, it meant that the defendant was not only innocent of speeding, but that he would also have a very good motion to suppress the unlawful stop of his vehicle. We conducted further investigation by actually videotaping the flashing light in the morning. We determined from the video that the light actually cut off at 8:12:45 a.m. We supplied a copy of the video to the state attorney, and conducted a deposition of the deputy.

The deputy admitted under oath that he was between the two lights when he lasered our client's vehicle. He claimed that although he could not see the light when he lasered the client's car, all the lights stopped flashing at the same time, and that time was 8:15 in the morning. He also implied that our client was actually pulled over a few minutes before 8:15, because he had actually written the citation before 8:15. The speeding citation indicated the stop took place at 8:15 a.m.

We then made a public records request to determine if the flashing lights had been maintained by the county before the stop of our client's vehicle. The sworn deposition of the county employee revealed that the light had been maintained 4 times during the year preceding the stop of the client's vehicle. Each time it was maintained because the internal time clock in the light was not working properly.

All this investigation ultimately led our office to file a Motion to Suppress the Stop of the defendant's vehicle. The State Attorney had to concede that the "flashing light" was not activated by an accurate internal time clock. This meant that the Court would be unable to rule with certainty as to when the client's vehicle was pulled over.

RESULT: The State Attorney stood silent on the Motion to Suppress and the criminal possession charge was dismissed.

Coercion by Police Results in Dismissal of Tampa Drug Possession Case

Category: Criminal Law

State v. C; Judge: Tom Barber; Date: January 16, 2007

FACTS: The client was observed driving her vehice without headlights. The officer followed her for a half mile waiting for her to activate her headlights before he decided to pull her over. After the stop the officer did background checks on everyone in the car, and found a warrant for one of the passengers in the backseat. He questioned the suspect about his warrant for violation of probation, and then asked our client if he could search the vehicle. She responded by asking, "Do I have to let you search?" The officer said, " the decision is yours".

The officer then asked the suspect and our client, "Are you afraid of dogs?" Our client responded by saying, "No, but why do you ask?" The officer then told the defendant that he was going to get a dog to come to the scene. Eventually, the client consented to a search of her vehicle. A bag of marijuana and a pipe were found in the client's car.

DEFENSE: Whenever law enforcemet gains consent to search a home or vehicle it must be voluntary. The client in this case consented to the search of her vehicle only after she was threatened by the officer's claim that the "dogs were on the way". We set up depositions with the Tampa Police Officer to investigate the details of the conversation between he and our client. Further discussions with the State resulted in the dismissal of the charges.

RESULT: The State decided to dismiss the charge based on the circumstances surrounding the search of our client's vehicle. If we would have filed a motion to suppress, it would have been the State's burden to show the consent was voluntary.

Defendant Avoids Prison on Burglary and Resisting Charges in Tampa

Category: Criminal Law

State v. J; Judge: Robert Foster; Date: July 17, 2007

FACTS: The defendant was charged with Grand Theft of a Motor Vehicle, Burglary of a Conveyance, and Resisting an Officer Without Violence. Juvenile priors, and the motor vehicle theft multiplier caused the client's criminal punishment code score to rise above 44 points. Any score above 44 points requires the defendant to serve a prison sentence, unless a mitigator or an exception applies to his case. In this particular case the defendant was 16 years of age and qualified as a youthful offender. The client was also undergoing psychological treatment to address some mental issues.

The Youthful Offender Statute can be found in Chapter 958 of the Florida Statutes. The purpose of the statue is to decrease the likelihood of young offenders returning to the criminal justice system. This is accomplished by forcing defendants sentenced as youthful offenders to attend vocational, educational, and counseling programs. These programs also prevent these young offenders from associating with older and more experienced criminals in the Florida State Prison system. The Youthful Offender Statute even allows the Court to go below the recommended prison sentence in the criminal punishment code, and sentence the defendant to probation. In order to be eligible to qualify as a youthful offender you must meet the criteria set out in Section 958.04 of the Florida Statutes.

DEFENSE: We requested the Court to sentence our client as a Youthful Offender because of his age, and the fact that he was overcoming a number of mental issues.

RESULT: The defendant was sentenced as a Youthful Offender, and received probation. He also avoided any conviction on his record.

Prosecution of Tampa DUI Falls Apart When Video is Lost

Category: DUI

State v. C.; Judge: Tom Barber; Date July 23, 2007

FACTS: The defendant was stopped by Tampa Police for running a stop sign and speeding. When the DUI enforcement officer arrived she noticed "bloodshot, glassy eyes, and slurred speech". When the officer asked the defendant to exit the vehicle he stumbled, and then grabbed hold of his vehicle to steady himself. Our client was then asked to perform the field sobriety tests (specifically the walk and turn test), which he agreed to do. He was unable to maintain his balance, stepped off the line, and started performing before the instructions were read. Shortly after he performed the walk and turn, the defendant was arrested. When he arrived at Central Breath Testing the client refused the breathalyzer.

DEFENSE: During the discovery process we determined that the prosecution was unable to locate the video of our client's performance. We then filed a motion to dismiss alleging that our client's due process rights were violated because the video would dispute the officer's opinion of how poorly he performed.

RESULT: The State dropped the DUI charge.

Sometimes Even Lawyers Need to Know When to HIre a Lawyer

Category: Criminal Law

C. v. V; Judge: William Law; Date: June 21, 2007

FACTS: Our client was a defendant in a civil suit involving the sale of a medical waste disposal unit. Early in the law suit the plaintiffs petitioned the court for an injunction to prohibit the sale of the unit to buyers in Spain. During that hearing the plaintiffs claimed that Mr. Vance misled the Court in several ways in an effort to promote the sale of the unit without the consent of the shareholders. Plaintiff's counsel felt the representations were so misleading they motioned the Court to find Mr. Vance in Criminal Contempt. Initially, plaintiffs counsel's attempts to get the Court to grant the motion failed, but Judge Willard Pope eventually granted the motion because of the affadavits claiming to have knowledge of the falsity of the statements. Florida Rule of Criminal Procedure 3.840 (a).

Civil Attorney, John Schifino, of the Williams Schifino law firm represented Mr. Vance in the shareholder derivative suit. Once the Court issued the Order to Show Cause, and Mr. Vance was threatened with the possibility of being convicted of a crime and sentenced to jail, Mr. Schifino called our office immediately. Opposing counsel, on the other hand, decided to prosecute the contempt charge without the assistance of a criminal attorney. Many of the plaintiffs in charge of the management of this civil suit were themselves lawyers, which made the decision to allow a civil attorney to prosecute this criminal charge even more surprising. It was a decision that turned out to be fatal to the prosecution of the charge.

After Judge Pope issued the Order to Show Cause the case was transferred to Judge William Law's court room. A couple of months after the arraignment of the criminal charge, opposing counsel withdrew from the case, and the shareholders retained another civil attorney. Months passed and opposing counsel made no efforts to set up depositions. Unlike criminal cases, it is not unusual for civil cases to last several years. Opposing counsel, probably because he is used to prosecuting civil cases, felt that his recent introduction into the case warranted a number of continuances to allow him to familiarize himself with the case. He refused to appreciate a right that all criminal defendant's share; the right to a speedy trial.

Mr. Vance, like any one else charged with a crime, has a right to a speedy trial. If the prosecution fails to try a criminal defendant's case within a specified period of time, and again fails to try the defendant's case within the recapture period, the defendant is entitled to discharge (dismissal) from the crime. Florida Rule of Criminal Procedure 3.191(p). In Mr. Vance's case the speedy trial eventually expired, and we filed a notice of expiration of speedy trial with the Court, and the prosecution. The prosecution, probably because he had no experience in criminal court, made no efforts to respond to the notice of expiration of speedy trial. His failure to act led us to file a Motion for Discharge (Dismissal). After hearing our argument at the Motion for Discharge hearing the Court turned to opposing counsel for rebuttal. During opposing counsel's argument he responded to the judge's questioning by saying, "I am not sure your honor, because I am not a criminal attorney".

I make this point to emphasize a theme that repeats itself in many of the criminal cases that we see at our office. That recurring theme is the failure of many people being investigated for criminal charges to hire a criminal attorney as soon as they have been contacted by law enforcement. Many people, probably like the lawyer who decided to prosecute this criminal contempt charge, feel that criminal matters are simplistic. They feel that they might be able to save themselves the fee paid to a criminal attorney if they resolve this criminal matter on their own. Tell that to the civil attorney who attempted to prosecute the criminal charges against our client. As an esteemed colleague of mine once said, "If you find out you have a heart problem, you don't go see a podiatrist".

Tampa DUI Attorney Gets DUI Dropped

Category: DUI

State v. A; Judge: Elizabeth Rice; Date: July 10, 2007

FACTS: The defendant was stopped by a Hillsborough County Sheriff's Deputy after her car remained stopped at a green light at 22 street North and 7th Avenue in Ybor City. The deputy detected slurred speech and red-watery eyes. When the DUI enforcement Deputy arrived he claimed there was an easily detectable odor of alcohol on our client's breath. After further discussions with the deputy the client admitted to drinking alcohol, and she was arrested for DUI. She was also arrested for Driving While LIcense Suspended.

DEFENSE: We had a number of discussions with the State about filiing a motion to suppress the stop of our client's vehicle which led to a negotiated agreement.

RESULT: The State reduced the DUI charge to reckless driving and the Driving While License Suspended charge was amended to No Valid Driver's License.

Defendant Avoids Prison on Probation Violations from Hillsborough and Pasco County

Category: Criminal Law

State v. S.; Judge: Mark Wolf & Pat Siracusa; Hillsborough & Pasco Counties; Date: July 6, 2007

FACTS: Our client was initally put on probation in Pasco County in August of 2006 for Possession of Methamphetamine; possession of marijuana; and trespass of a conveyance. He was then put on felony Driving While License Suspended (Habitual Offender) probation in September of 2006 in Hillsborough County. He was arrested in April of this year again for driving while license suspended (felony offense). This new charge violated the probations in both counties, and certainly meant he was facing prison time in both counties. Surprisingly, the defendant was arrested yet again for possession of cocaine, and possession of marijuana when the officers attempted of serve the arrest warrant for violating probation. We motioned the Court for a bond in both counties and convinced the Court in Hillsborough to release the defendant because the new cocaine charge was based on a constructive possession issue. After being released on his Hillsborough County warrant the Defendant was transported to Pasco County. We then convinced the Court in Pasco that the defendant was a contributing member of society and that his pending charges in Hillsborough would be reduced or dismissed.

DEFENSE: The defendant was not in possession of the cocaine that was found in his apartment, and the stop surrounding his driving while license suspended charge was based on a bad stop.

RESULT: The new cocaine charge dismissed, the Driving While License Suspended was reduced and the defendant was eventually terminated from both Probations (Hillsborough & Pasco).

Exposure of Sexual Organs Charge Dismissed in Tampa

Category: Criminal Law

State v. F. ; Date: July 5, 2007

FACTS: The client was accused of exposing himself to children in his neighborhood at the front door of his home.

DEFENSE: During our discussion of this case with our client we became aware of the animosity between his family and a number of his neighbors. It appeared that some children may have been peering into the client's home and the exposure allegation was totally false.

RESULT: It is very common for these types of false allegations to escalate out of control. This client contacted our office right away, and we addressed the allegations with the State. Ultimately, the State "No Filed" the charges.

Tampa DUI Defedant has case dropped

Category: DUI

State v. W; Judge: Lawrence Lefler; Date: June 1, 2007

FACTS: The client was pulled over because his radio was too loud. The officer claimed he could hear the radio 75 feet away. In the state of Florida, if your radio is audible within 25 feet, an officer can stop your vehicle, and give you a citation. Whenever someone is pulled over, they typically become nervous, even if it's just a speeding ticket. In this case, however, the defendant had a panic disorder, which made him appear extremely nervous on the video. His voice wasn't slurred and he never swayed while he spoke to the officer, but he also never stopped talking. He continued to tell the officer that he was too nervous to take the test. Once the officer realized the defendant was going to continue to repeat himself, he engaged the defendant in further conversation. The officer knows that someone who appears to be "stalling", or "making excuses" looks guilty.

Generally, the first officer who makes contact with a possible dui suspect radios for the assistance of a special "dui enforcement officer". The initial officer takes that step because he obviously believes the suspect is DUI. The moment the dui officer gets out of his cruiser to make contact with you, it is important to realize that the video camera is on and you are both, "on stage". As he approaches you the dui officer is presuming guilt because of his conversation with the officer who made the initial stop. The goal of the dui officer is to collect as much incriminating evidence (a poor performance on video) as possible. Sometimes what may sound like "friendly talk", is a method used by officers to document "admissions of guilt" on the video.

DEFENSE: Ultimately, we were able to point out to the state attorney that our client's performance on the video was the result of his panic disorder, not because he was driving under the influence. This was extremely important to the client because it was his second DUI within the past five years. If he had pled straight up to the DUI, he would have lost his license for five years, and done a minimum of 10 days in the Hillsborough County Jail.

RESULT: The Defendant's DUI was dropped, and he received no license suspension.

Tampa Criminal Defense Attorney Gets DUI Dropped

Category: DUI

State v. M; Judge: John N. Conrad; Date: May 1, 2007

FACTS: The client was a very respected school teacher in one of our county school systems. She was observed weaving in and out of her own lane, and traveling 60 MPH in a 40 MPH zone. The officer conducted a traffic stop at Kennedy and Howard, and noticed our client had a distinct odor of alcoholic beverage. The officer also noticed that the client had watery, bloodshot eyes. Before performing the Field Sobriety Tests she was asked whether she had anything to drink. According to the officer she initially denied having any alcohol, but then admitted to having one drink post-miranda. The defendant was prepared to perform the walk and turn test when she asked the officer if she could have an attorney. The officer told her that she was not entitled to an attorney at that time. Ultimately, the client refused to perform the Field Sobriety Tests, and was arrested for DUI. After arriving at Central Breath Testing she was asked to submit to a breathalyzer test. The defendant refused that test also.

DEFENSE:: The offense occurred on January 21, 2007. The weather that night was particularly windy and cold. The defendant was not wearing the proper clothing and ended up shivering uncontrollably outside her car. While the Field Sobriety Tests appear very simple and straight forward to most people, they can be very difficult to perform in bad weather. For instance, before you begin to perform the walk-and-turn test you are asked to stand heal to to without moving, as the officer reads you the instructions. This is extremely difficult when you are shaking from the cold. Many times an officer will get upset if you decide not to perform the field sobriety tests. The reason for that is simple. You are refusing to give him the evidence he wants to prove your guilt. When our client refused to perform the Field Sobriety Tests without a lawyer, it created friction between the client and the officer. This friction led to the defendant refusing to submit to the breathalyzer also.

This chain of events is not uncommon. People refuse to perform the Field Sobriety Tests, and the breathalyzer for many different reasons. In this case, we were able to persuade the State Attorney that the defendant's refusal was justified under the circumstances.

RESULT: The client's DUI was reduced to a reckless driving, and she received a withhold of adjudication, and court costs. A withhold means that the client was able to avoid a conviction on the reckless driving charge and she received no points on her driving record.

Sarasota Defendant Avoids Prison on Lewd and Lascivious Battery Charge

Category: Recent Wins

State v. Z; Judge: Rick Defuria; Date: May 21, 2007

FACTS: The Client (defendant) was charged with Lewd and Lascivious Battery and was looking at 15 years in Florida State Prison pursuant to the Florida Statutes. According to police reports, the client (35 years of age) met a 14 year old girl outside of his apartment, shortly after moving into the area. After a few visits to his home the girl engaged in consensual sex with our client. When the Client became aware of her age he ended the relationship immediately. This breakup greatly upset the victim. According to reports, the victim later broke into the client's home and stole a firearm, with the apparent intent to have him killed. The client became aware of the girl's plan and left the state.

During the course of their investigation, Law enforcement eventually requested that the client come into the station and give a sworn statement. The client agreed and was consequently charged with L&L battery. Unfortunately, this client never contacted our office prior to giving his recorded statement to police. This mistake was compounded by the client's lack of knowledge regarding Florida's statutory rape (sexual battery) laws. By failing to contact our office prior to questioning, the client potentially exposed himself to the much more serious charge of sexual battery.

In this situation the State Attorney's case hinged solely on the client's statement due the victim's lack of credibility. The victim had numerous prior juvenile arrests. In addition, she had burglarized the client's home in an effort to possibly have him killed.

It is important to remember that whenever you are approached by law enforcement to contact a lawyer immediately. Even if you feel your role or knowledge of a crime is minor, taking proper steps to contact an attorney immediately can have a drastic impact on your case.

RESULT: We eventually negotiated a deal with the The State that allowed the client to avoid prison.

Pinellas County Defendant Avoids Domestic Battery Prosecution

Category: Domestic Violence

State v. R; Date: May 9, 2007; Pinellas County

FACTS: Our client was alleged to have covered his wife's mouth during an argument. Shortly after he grabbed her, they both went to the ground, where a struggle ensued. The victim in this case called police months after the incident occurred because she felt her husband had lied to her about another woman.

Many times a spouse will decide they want to divorce their husband or wife and contact a divorce (family law) lawyer without telling the other party. During the initial interview the divorce lawyer will often inquire about instances of domestic violence during the marriage. Even where there is little to no justification, some divorce lawyers will often recommend that a victim contact the police and have a charge filed against their spouse in an effort to gain an advantage in the divorce proceedings. If they do they will typically also recomend that the wife apply for an injunction (preventing any contact).

Many x-husbands find themselves sitting in jail months after a domestic dispute has come and gone. After being released they find out that they cannot return home because there is an injunction in place preventing contact with their wife. If a defendant contacts a victim after an injunction is in place it could create an additional criminal charge. This is obviously a very frustrating turn of events that make it critical to hire a lawyer as soon as possible. The above scenario did not materialize in this case because of some steps we took to communicate with the victim.

DEFENSE: All contact with the victim was the result of the client trying to defend himself.

RESULT: The State Attorney decided not to pursue the prosecution, and the charge was dismissed.

Tampa Defendant Avoids Prison and Conviction - Aggravated Battery (Great Bodily Harm)

Category: Criminal Law

State v. C; Judge: Robert A. Foster; Date: May 24, 2007

FACTS: The defendant was charged with Aggravated Battery (great bodily harm)(deadly weapon). The State filed the charge as a first degree felony. Initially, the client was looking at close to five years in Florida State Prison according to the criminal punishment code scoresheet. Under the Criminal Punishment Code, unless the defense convinces the State Attorney or the Court to apply a mitigator, the defendant must be sentenced, upon conviction, to the time described on the scoresheet. Our client was a patron at the Dallas Bull Bar on highway 301. After exchanging words with the victim, the defendant approached the victim, and struck her in the face with a beer bottle. The bottle knocked out several of the victim's front teeth and broke her nose. The victim's medical bills totaled close to $13,000.00.

DEFENSE: The defendant had no criminal history, and after much negotiation, we persuaded the State to go below the Criminal Punishment Code Guidelines and give the defendant a withhold of adjudication and probation.

RESULT: The client received no jail time or conviction on her record.

Tampa Battery Charge Dismissed

Category: Criminal Law

State v. D; Judge: John Conrad; Date: May 10, 2007

FACTS: The client's daughter was approached by a young man who made a number of sexual inuendos during a conversation they had at work. Weeks later her father (client) visited her at work, and while they discussed the incident, the young man happened to walk nearby. The father was so angered by what happened he went outside and confronted the victim. Our client pushed the victim in the chest and then grabbed him by the throat.

DEFENSE: The remarks made to by the victim to our client's daughter were uncalled for and highly offensive on every level. The case was set for trial, and negotiations with the State followed.

RESULT: The State Dismissed the case.

Pinellas County Defendant Avoids Sexual Battery Charge

Category: Criminal Law

State v. R; Judge: R. Timothy Peters; Date: April 3, 2007

FACTS: The client was charged with Handling and Fondling a Female Child Under the Age of Sixteen (2nd degree felony). The defendant had allegedly molested his children and grandchildren in 1992. The victim of the offense had a falling out with our client shortly before he was arrested out of state and extradited to Florida. The age of the charge made it problematic for the State Attorney to move forward on the Fondling charge. As a result, We made the State Attorney aware that we were filing a motion to dismiss the Fondling charge due to a violation of the Statute of Limitations. In response, the State claimed they would amend the charge to Sexual Battery (1st degree felony), in order to avoid the statute of limitations problem.

DEFENSE: The State could have moved forward on the Sexual Battery charge, but there were some serious issues as to the credibility of the victim. These credibility problems led to negotiations with the State.

RESULT: The client did no jail time. He entered a plea to a probationery sentence on a much less serious charge, which carried no sex offender designation.

Tampa Criminal Attorney Gets DUI Win

Category: DUI

State v. L; Judge: Lawrence Lefler; Date: March 20, 2007

FACTS: After spending the night in Ybor City, the client drove some friends home. She was pulled over after one of the passenger's in her car threw garbage out of the back window. Her car was pulled over at about 4 a.m., at the off ramp of I-75 and Bruce B. Downs Boulevard. As the officer spoke to the client he smelled an odor of alcohol on her breath and her eyes appeared to be glassy. The client was also wearing nightclub arm bands on both arms. After she admitted to drinking the officer asked her to perform some field sobriety tests. The officer felt she failed the field sobriety tests and arrested her for DUI. When she arrived at the Orient Road Jail in Hillsborough County she refused to blow into the breathalyzer. The defendant was also an under age drinker.

DEFENSE: The defendant's performance on the video was much better than the description given by the Tampa Police Officer in his report. Again, a video can create a real doubt as to the defendant's guilt in a DUI case.

RESULT: The DUI was dropped.

DUI Gets Dropped By Tampa Criminal Attorney

Category: DUI

State v. L; Judge: Lawrence Lefler; Date: March 19, 2007

FACTS: The client was driving a motorcycle at a very high rate of speed when he was observed by a deputy from the Hillsborough County Sheriff's Office. The defendant was passing erratically and unexpecteddly with no warning. He also caused other drivers to slam their brake as he was correcting and readjusting within his lane. After the defendant was stopped the officer noticed that the defendant's speech was slow and slightly slurred. He also noticed an odor of alcohol emanating from the defendant's breath. The client was asked to perform field sobriety tests and failed miserably, according to the police report. He was then arrested for DUI and booked at the hillsborough county jail. The defendant refused to blow into the breathalyzer.

DEFENSE: There was a dispute as to whether the defendant had performed as poorly as described by the deputy. The video of our client can sometimes create enough of an inconsistency in the evidence to bring about a very positive result.

RESULT: The dui was dropped.

Tampa Defendant Gets DUI Dropped

Category: Recent Wins

State v. C, Judge: Tom Barber; Date: March 15, 2007

FACTS: The client (defendant) was stopped by a trooper for traveling 97 mph in a 65 mph zone on the Howard Franklin Bridge. As the trooper contacted the defendant he noticed he was disoriented and mumbling, with a strong odor of an alcoholic beverage on his breath. When the client exited his vehicle he was unsteady and stumbling. The client believed he was heading to St. Pete when he was actually headed towards Tampa. The defendant was asked to perform Field Sobriety Tests, and failed, according to the trooper. There was no video of the defendant's performance of the field sobriety tests at the scene. Ultimately, the defendant refused to submit to a breath test.

DEFENSE: The video of the defendant at the Orient Road Jail contradicted the trooper's description of him at the scene. In addition, we were able to supply evidence to the State that the defendant was new to the area, and unfamiliar with the roads. It is also important to point out that the client's refusal of the breath test did not weaken the state's case. The State has the ability to argue that the defendant refused, "... because he knew he was intoxicated". However, in this particular situation we were able to provide the State with a reasonable explanation for the refusal.

RESULT: The State dropped the DUI.

Tampa DUI Attorney Gets DUI Dropped

Category: Recent Wins

State v. O, Judge: James Dominguez; Date: March 12, 2007

FACTS: The client (defendant) was stopped at the light on highway 41 north and Florida Avenue. A Hillsborough County Sheriff's Office deputy stopped at the light behind our client. According to the deputy the light cycled through twice before she activated her overhead lights and approached the defendant's vehicle. The deputy claimed that the defendant was incoherent, and unaware of her surroundings when she made contact with her at the driver's side door. At that point the stopping deputy called a special DUI enforcement deputy who conducted a DUI investigation. The second deputy asked the defendant to perform field sobriety tests, and claimed she had failed the tests. Much of what the deputy reported seemed to be confirmed by the defendant's breath result (the breath result was .146 and .129).

DEFENSE: After a number of attempts to negotiate with the State failed, we filed a motion to suppress the stop of the defendant's car. The State felt there was a safety concern that warranted the deputy stopping our client to determine the situation. We felt the deputy stopped our client's vehicle prematurely, and without reasonable suspicion.

RESULT: The State realized there were problems opposing our motion which led to a reduction of the charge to reckless driving for the client.

Two DUI Arrests Dismissed By Tampa DUI Attorney

Category: DUI

State v. P, State v. N; ; Judge: Joelle Ober; Date: February 22, 2007

FACTS: The defendants (clients) both left the Dallas Bull Bar near U.S. 301 and Interstate 4, at around 1:30 a.m. Before leaving the bar each had consumed 1-2 beers. As they left the clients decided to follow each other home. Both clients were unaware that a special DUI enforcement deputy was waiting in a nearby parking lot for patrons to leave. The deputy decided to follow them as they left. Shortly after falling behind the defendants the deputy claimed one was following the other too closely, and stopped his car to cite him for the infraction. After the stop, the deputy claimed he smelled an odor of alcohol and began a DUI investigation of the first client. Because she was concerned about her friend, the second client approached the deputy to find out why they were stopped. After making contact, the deputy claimed he could smell an odor of alcohol on her breath also, and investigated her for DUI.
The deputy claimed that both defendants failed their respective Field Sobriety Tests and arrested them both for DUI. Each client agreed to take the breathalyzer. One defendant blew a .031, and the other blew a .028. The deputy then started grasping at straws. He asked each defendant to drop a urine sample. Both defendants complied, and their urine results ultimately revealed nothing.

DEFENSE: The above scenario is a very common occurrence. The deputy involved in this investigation was a special DUI enforcement officer. These DUI enforcement officers (both at the HIllsborough County Sheriff's Office and the Tampa Police Department) camp outside bars and wait for people to drive away late at night. After the suspects leave the bar, many officers will use any excuse, no matter how weak, to stop the vehicle for some traffic infraction or less. This case is a classic example of a dishonest law enforcement officer using any pretext to stop someone, and arrest them for a crime. It is also points out the risk to law enforcement when they decide everyone leaving a bar at 1:30 a.m is intoxicated. While the officer has a lawful right to park his car outside of any bar and wait for people to leave, he shouldn't just stop vehicles unless his observations warrant the stop.
Here, the deputy stopped the clients claiming one was following too closely. Did the driver actually commit the infraction, or was the officer using it as a pretext to conduct a DUI investigation? When you look at the facts, and realize the driver blew well below the legal limit, it calls into question the validity of the entire investigation, and the lawfulness of the arrests.

It is important to realize that just because these defendants blew well below the legal limit, that does not mean that their DUI charges were automatically dismissed by the State Attorney's Office. In the state of Florida a breath result of .08 or above is prima facie evidence that the person driving was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired. Florida Statute 316.1934(c). If someone's breath result is between .05 and .08, there is no presumption of impairment. Florida Statute 316.1934(b). If someone's breath result is below .05, it is presumed that the person driving was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired. Florida Statute 316.1934(a).
In this case, there was a presumption that both drivers were not under the influence of alcohol to the extent their normal faculties were impaired (in short they were not DUI). However, any presumption can be rebutted by evidence. So it does not necessarily follow that you are automatically guilty of DUI if you are above the legal limit, and not guilty of DUI if you are below the legal limit. For instance, in some cases where defendants blow below the legal limit there can be proof that the defendant was driving under the influence of some intoxicant other than alcohol (prescription drugs, marijuana, cocaine...etc.). In addition, every person is affected by alcohol differently. As a consequence, whether you are above or below the legal limit, you should still hire an attorney. This case ultimately resulted in a dismissal of both DUI charges, but it is very unlikely the defendants would have received that result on their own. I have seen many unknowing pro se (self-represented) defendants plead guilty to DUI when they blew below the legal limit. Without an attorney you have no idea of the real strengths and weaknesses of your case.

RESULT: Both DUI charges were dismissed by the State Attorney.

Defendant Avoids 3 Year Mandatory Minimum Sentence after Shooting

Category: Criminal Law

CASE #05-CF-018725; Judge: Robert Foster; Date: February 1, 2007

FACTS: The State Attorney filed three charges of Aggravated Assault with Firearm (discharge) against the client. This charge carries a 3 year mandatory minimum sentence in Florida State Prison if convicted. The three victims leased a small home from the defendant. After the victims failed to pay rent on numerous occasions the client went to the home to determine why they refused to pay. According to the victims the client was intoxicated and got into an argument with the mother of one of the victims. Before he left someone called the victims who were driving home. When the victims arrived on scene they began to argue with the defendant. The argument led to a number of threats by the victims. According to the victims the defendant pulled out a pistol and fired into the crowd that had gathered. After the defendant left the police were called and reported to the scene. Their investigation led to the defendant's arrest on the above charges.

DEFENSE: Thorough investigation of these types of charges is critical! At first glance the client's case appeared extremely difficult. The victims were surrounded by numerous people who claimed he fired his weapon right at them. The defendant's story differed from the victims in a number of ways. He admitted he fired his weapon, but not at the crowd of people, and not until he left the area. He claimed he only fired the weapon after the victims retrieved their own firearm and discharged it. Through investigation we located two witnesses who lived nearby and heard shots fired that night. Shortly after hearing the shots they saw one of the victims walk by, and claim that he was "going to jump the shooter, but he pulled out a gun". In addition, we learned from another witness that the crowd was preparing to attack our client.

RESULT: The State does not like to drop charges this serious without a very good reason. Ultimately, we were able to convince the State that its witnesses had no credibility after the discovery of these neutral witnesses.
Two of the three charges were dropped (dismissed) altogether, and the third charge was reduced to disorderly conduct. The client received a withhold of adjudication (withhold of the conviction) and court costs on
a misdemeanor charge.

Tampa Criminal Attorney Gets Domestic Violence Charge Dismissed

Category: Domestic Violence

CASE # 06-CM-024034; Judge: Nick Nazaretian; Date: February 13, 2007

FACTS: The defendant was accused of grabbing his wife by the neck and throat after an argument in their home. According to the victim, he squeezed her neck so hard he was able to lift her off the ground. There were photographs taken of the victim's injuries.

DEFENSE: The victim was the aggressor and the defendant only grabbed her to avoid further violence.

RESULT: This case was resolved before trial after interviewing the victim. Our investigation led to a change in the victim's story and a dismissal of the charge.

Tampa Probationer Continued on Felony Probation

Category: Criminal Law

CASE # 05-CF-013726; Judge William Fuente; January 8, 2007

FACTS: The defendant was put on probation in October of 2005 for Obtaining a Controlled Substance by Fraud. After he moved to Tennessee he was arrested for two similar charges in February of 2006. He was arrested in Tennessee on a Florida governor's warrant for violating his probation in Hillsborough County. After certain steps were taken he was able to make bond in Tennessee for the Florida warrant, and returned to Florida for a court date we set. Based on the circumstances the judge agreed to continue the case until his Tennessee charges were resolved.

DEFENSE: The defendant's new charges in Tennessee were all reduced to misdemeanors, and the defendant had been compliant on his probation.

RESULT: Negotiations with the State led to the defendant being continued on probation without an adjudication for the violation.

Tampa Criminal Attorney Gets Delivery of Drug Paraphernalia Dismissed

Category: Criminal Law

CASE #06-CF-00818; 06-CF-00817; 06-CF-00816; Judge Debra Behnke; Date: December 20, 2006

FACTS: The defendant was arrested for selling pipes for the specific purpose of smoking crack cocaine. It is legal to sell the pipes, but not for the purpose of smoking crack. Florida Statute 893.147 was designed to punish any person who promotes their smoking pipes for the purpose of using controlled substances. According to the statute, "It is ulawful for any person to deliver, possess with intent to deliver... drug paraphernalia, knowing or under circumstances where one should reasonably know, that it will be used to introduce a controlled substance into the human body". The undercover law enforcement officer entered a convenient store where the defendant was working the cash register. He approached the defendant and asked if he had any pipes to smoke crack for sale. Supposedly, the defendant pulled out a box of pipes and sold them to the undercover officer.

DEFENSE: The defendant is an immigrant that spoke very little english. There was a serious question as to whether understood the officer. Unfortunately, while the storeowner makes money from the sale of these items he assumes no risk of criminal charges.

RESULT: The charges were dismissed.

Tampa Criminal Lawyer Gets Violation of Domestic Injunction Charge Dismissed

Category: Domestic Violence

Case #06-CM-026335; Judge Nick Nazaretian; Date: December 22, 2006

FACTS: The client had an injunction for protection against domestic violence with minor children entered against him on August 8, 2006. The petitioner had a child with our client, and was very intent on gaining custody. Apparently, even after the injunction was filed the petitioner continued to contact our client indirectly through some of his friends. Strangely enough the victim ended up claiming the defendant (client) had contacted her through someone elses "my space" account.
According to the victim she responded to a friend of our client's by sending her a message on her "my space" profile. At some point she went back to this person's profile and saw a message she believed was addressed to her from our client. The victim called the police and our client was charged with contacting the victim and violating the injunction. The defendant felt his x-girlfriend was simply using this criminal charge to convince the family court judge to award her custody of their child.
The Courts are often used by people for the wrong reasons. Many petitioners will get an injunction against their boyfriend or wife, and use it as a tool to achieve some goal in front of the family court judge who is presiding over a divorce or custody dispute. Unfortunately, both men and woman are equally guilty in this regard. No one seems to realize that the children are the only ones that suffer when the Courts are abused in this manner.

DEFENSE: There was no proof that the defendant had intentionally contacted the victim. The victim apparently found this message on someone elses "my space" account, not her own. Discussions with the State Attorney brought about a quick resolution to this case.

RESULT: The charge of violating the Domestic Violence Injunction was dismissed.

Tampa Criminal Attorney Gets DUI Win

Category: DUI

Case #06-0034-DKT; Judge Marc Salton-Pasco County (New Port Richey); Date: December 18, 2006

FACTS: The client, a former police officer, was observed by law enforcement to be asleep behind the wheel of his car at a flashing yellow light. The client's engine was running and the vehicle was in drive. When the troopers pulled behind him the defendant woke up and pulled his vehicle to the side of the roadway. The troopers noticed that the defendant's face was pale, and his pupils were dilated. When the client exited the vehicle he leaned against the car to steady himself. Because the officer noticed some balancing problems he requested the defendant to perform field sobriety tests. Our client notified the trooper that he had a number of medical conditions that could create a problem in his performance (lower back, head, knees).
This is a recurring problem for law enforcement and defendants. The officer is going to ask most suspects of a DUI to perform the field sobriety tests despite the fact that they have physical disabilities. Their response is typically, "don't worry, I will consider your medical conditions in determining whether you performed the tests correctly". It doesn't matter how sincere the police officer is when he tells you he is going to consider your medical disabilities as you perform the field sobriety tests. The fact of the matter is that police officers are not doctors, and haven't the slightest idea how severe someone's injury is, or how it is affecting their ability to perform a field sobriety test. In this case the defendant attempted to perform a number of field sobriety tests and the officer failed him on all of them.
After the client was arrested for DUI the officer asked if the client was under any medication. The client indicated that he was taking a number of medications (zoloft, vicodin, and some sinus medication). The officer concluded that the client was under the influence of prescription medications, and asked the defendant to submit a urine sample. The defendant dropped a urine sample and the results indicated that he had a number of different drugs in his system. Some of the substances were break down products of valium and a mild stimulant.

DEFENSE: In this particular case we were able to hire an expert in Forensic Toxicology. The toxicologist report supported our client's story in terms of the timing, and amount of drugs that were ingested. Ultimately, the prosecution was unable to prove that the defendant's normal faculties were impaired. A urine sample by itself makes it very difficult to quantify the amount of drugs in someone's system. In addition, the urine sample cannot tell you when the drugs were taken.

RESULT: The DUI was dropped by the State Attorney.

Resisting Without Violence Charge Dismissed by Tampa Criminal Attorney

Category: Criminal Law

Case #06-CM-024478; Judge Lawrence Lefler; Date: December 14, 2006

FACTS: The client (a huge Bengals fan) came to Tampa to see the Cincinnati Bengals play the Tampa Bay Buccaneers. During the closing seconds of the game the Bucs threw a pass that seemed to be incomplete. Our client walked down a couple of stairs to celebrate a Bengals victory with another fan. At that point security personel ordered a tampa police officer to remove him. The police officer grabbed the defendant and removed him from the stadium. During his removal the defendant was handcuffed too tightly, which caused him to pull away from the officer. The officer felt the defendant was trying to resist and threw him against a concession stand in the stadium. As a result the defendant's face was bloodied and bruised.

DEFENSE: Most people are not aware that you can resist without violence an unlawful arrest. In contrast, you cannot resist with violence even an unlawful arrest. That became very important in this case because the officer was not lawfully arresting the client for a crime when the client pulled away from the officer. In addition, this case involved a situation where the law enforcement officer misunderstood why the defendent (client) was pulling away. In order to be found guilty of resisting without violence you must intend to resist the officer. Our client was simply reacting to the handcuffs when he pulled away.

RESULT: The Case was dismissed upon our motion.

Tampa DUI Attorney Gets DUI Win

Category: DUI

CASE #001-674-XAM; 007-179-ELP; 007-182-ELP; 004-209-EPL; Judge Tom Barber; Date: December 12, 2006

FACTS: The defendant was pulled over for failure to maintain a single lane and no tag light. When the officer approached the vehicle she claimed she smelled an odor of alcohol on the defendant's breath, and his eyes were bloodshot and glassy. The officer also noticed three open beer bottles in the defendant's vehicle. Based on her observations she called a DUI unit to conduct the investigation. The defendant told police he had taken several medications for depression and other illnesses. During the investigation the DUI officer administered a number of field sobriety tests. However, the incident report was unclear as to how he performed on the tests. This problem was aggravated by the fact that the officer had no video of the defendant's performance. One of the tests often administered by a police officer in a DUI investigation is the Horizontal Gaze Nystagmus (HGN) test. The HGN test involves the officer simply moving a pen with a light on the end of it in front of your eye. The subject is required to keep their head still while the officer moves his pen across your field of vision. If your eye begins to shake when the pen is moved to a 45 degree angle then it is supposed to indicate impairment. It is important to realize that a nystagmus can be caused by a number of factors that do not involve alcohol (contacts, fatigue). Some people have a natural nystagmus. For some reason the officer in the defendant's case did not administer the HGN test. This seemed very strange since he indicated the defendant did not perform well on some other tests that require physical coordination. If the officer felt the defendant was too intoxicated to perform the physical tests (walk and turn, one-legged stand, ... etc.) then why didn't he administer a test that involves almost no physical performance on the part of the defendant?
The truth of the matter is that just about every DUI investigation includes an HGN test, and they fail almost everyone. For some reason the officer decided not to administer this test in our case.

DEFENSE: The police officer's report was very confusing and inconsistent with the facts. In addition, the State was unable to explain the inconsistencies without the DUI video.

RESULT: The defendant's DUI was dropped and his traffic infractions were dismissed.

Tampa Criminal Defense Attorney Gets Battery Win

Category: Criminal Law

Case #06-CM-022191; Judge Tom Barber; Date: November 3, 2006

FACTS: The defendant worked as security for an establishment in Ybor City. Another security officer called him for assistance with one of the patrons who had broken a glass door. The customer was intoxicated and attempted to run from the bar after the altercation. Our client attempted to restrain the customer until the police arrived. After the officer arrived on scene he arrested our client, his assistant, and the customer. The customer claimed our client struck him shortly after he was arrested for criminal mischief.

DEFENSE: The client had done nothing more than restrain this intoxicated man, and made no effort to injure him. We discussed the actions of the victim with the State Attorney. After further negotiations the victim decided to file a request not to prosecute. It is important to realize that even though the victim of any criminal charge files a request not to prosecute it does not mean the case is over. The State Attorney's Office represents the people of the State of Florida, and does not have to drop a criminal charge just because the victim of a crime asks them to drop it. The fact that a victim wants the State to drop a charge is a factor considered by a state attorney, but it does not mean the State will necessarily drop it. In order for the State to drop a charge they must be convinced that they factually have a weak case. It is the job of your lawyer to convince the State of that. Do not try to do it on your own. Especially if you are the defendant. That idea is frought with all kinds of problems.

RESULT: The State dismissed the charge.

Tampa Defendant Avoids Jail on Felony Violation of Probation

Category: Criminal Law

Case #05-CF-24819; Judge Daniel Perry; Date: December 7, 2006

FACTS: The defendant reported to probation and dropped a urine sample for the probation officer. He was confident he was going to test positive on the screen, and immediately called our office. The probation officer sent the urine sample to the lab and it did test positive for marijuana. No one wants to retain a lawyer for any reason, but when your liberty is at stake it is important that you retain a criminal attorney right away. Don't wait for law enforcement to show up at your door, and then hire the attorney. Because the defendant retained us right away he was able to avoid jail time.

DEFENSE: The defendant was very up front with the Court about his use of marijuana, and had completed almost all the conditions of his supervision before we arrived in Court. It is also very important that you make all efforts to complete as many conditions as possible before you face the court with your violation. The defendant in this case was also employed, and was very valued by his employer.

RESULT: The defendnat's probation was modified to include a drug evaluation and any treatment the probation office deemed necessary. The defendant was then continued on his supervision.

Absconder Avoids Prison in Tampa Criminal Court

Category: Criminal Law

Case #03-CF-011765; Judge Daniel Perry; Date: November15, 2006

FACTS: Absconding from supervision is probably the worst way for a probationer to violate. That does not mean that you are necessarily headed for jail because of it, but it is a violation that certainly must be explained. Many times the absconder has violated a probation that requires a fair amount of restitution be paid to the victim. If the defendant comes to court with the ability to make the victim whole again it may prove the difference between going to jail/prison and avoiding prison.
The courts have created probation as an alternative to incarceration. Many judges look upon probation as the defendant's oppurtunity to prove to the Court that he or she can still be a productive member of society. When someone violates there probation by absconding or leaving probation many judges feel you have "thumbed your nose at them", and the responsibility of completing your supervision. That is why it is important to express to your attorney the difficulties (job, family members, addiction) that caused you to abscond.
In this particular case the defendant had been awol from probation for two years. She was initially put on drug offender probation and dealt with some serioius addictions to alcohol.

DEFENSE: The defendant had not received any new law violations during her time away from probation, and remained drug free. She had also started her own business and been productive. The Court was very direct with her about whether she continued to use any drugs, and the evidence showed she hadn't.

RESULT: After discussions with the Court the defendant's probation was terminated, and she was released from the county jail. If the defendant had contacted our office before she was arrested on the violation of probation warrant she may have avoided jail altogether.

Marijuana Possession Dismissed by Tampa Criminal Attorney

Category: Criminal Law

Case Number: 06-CM-025852; Judge James Dominguez; Date: November 26, 2006

FACTS: Law enforcement claimed they saw the defendant enter a vehicle with some friends and begin to smoke. Based on their observations they approached the vehicle, knocked on the door and ordered the defendant out of the vehicle. After the defendant was removed from the vehicle the officers smelled an odor of marijuana. They searched the vehicle and found drugs.

DEFENSE: The law enforcement officers were not justified when they ordered the Defendant out of her vehicle. The police must atleast have a "reasonalbe suspicion" that you are engaged in criminal conduct before they can lawfully command you out of your vehicle or even command you to stop.

RESULT: The charge was dismissed by the State Attorney after discussing the 4th Amendment issues surrounding the stop of the defendant.

Tampa Criminal Attorney Removes Habitual Traffic Offender Status

Category: Criminal Law

Case # 001-147-DCX; 006-805-BEJ; 663-470-F (Hillsborough); 06-CT-004-298 (Manatee); Judge Lawrence Lefler; Date: December 1, 2006

FACTS: The defendant was habitualized as a traffic offender for accumulating 3 Driving While License Suspended (DWLS) charges within a 5 year period. The defendant pled guilty to three DWLS charges in criminal court. Two of the three adjudications were set aside, and a third one was dropped by the State Attorney. The defendant also had another DWLS without knowledge in traffic court. The system is not fair with regards to the civil infraction of DWLS without knowledge. Many people feel since DWLS without knowledge is an infraction they can pay the ticket and that's the end of it. What they do not realize is when they pay the ticket they receive an adjudication on the DWLS without knowledge and an adjudication or conviction is put on their record. When you receive an adjudication on a DWLS without knowledge it qualifies as a prior under the habitualization statute. This is extremely unfair to most drivers who have no idea how the traffic laws work. Fortunately, many judges see this problem and treat those priors accordingly. However, that is not always the case, and many jurisdictions vary.

DEFENSE: The defendant in this particular case was facing six months in the Manatee County Jail because of his priors. When we removed the priors in Hillsborough the Prosecutor Manatee County offered the defendant an adjudication and court costs.

RESULT: The Defendant was able to avoid jail and get his license back. He can now keep his job and support his family.

Carrying Concealed Weapon Charge Dismissed by Tampa Criminal Lawyer

Category: Criminal Law

Case Number: 06-CM-027255; Judge Tom Barber; Date: December 1, 2006

FACTS: Tampa International Airport Police arrested the defendant for possessing a key-chain which can double as a brass-knuckle type of weapon. This client, like so many others was unaware that she was in possession of an item that could be used as a weapon. The client was given the key-chain years before and simply forgot about it. Unfortunately, as a result of 9/11 the Tampa International Airport Police have a zero tolerance policy with respects to any item that might qualify as a weapon. This has created a situation where even the most inocuous set of circumstances results in a criminal charge.

DEFENSE: The client had no knowledge that the weapon was on her person.

RESULT: After discussions with the State Attorney's Office the charge was dismissed (Nolle Prossed).

Tampa Criminal Attorney Gets DUI Win

Category: DUI

Case # 001-899-XAM; Date: November 27, 2006

FACTS: The defendant was driving west on Kennedy Boulevard when he was pulled over for leaving his lane 5 times. After being pulled over by the law enforcement officer he agreed to perform field sobriety tests and failed. Our client was arrested and transported to the Hillsborough County Jail where he submitted to the breathalyzer. His result was .205 and .200.

DEFENSE: We filed a Motion to Suppress the evidence in the above case claiming that the defendant's driving pattern (drifting w/in his lane) was caused by the fact that tropical storm Alberta had landed in the Tampa Bay area that night. Alberta had created wind gusts of 60 mph in the Tampa Bay area.

RESULT: The State was unable to proceed at the Motion to Suppress Hearing and the DUI Charge was dropped.

Tampa Criminal Attorney Gets Domestic Battery Win

Category: Domestic Violence

CASE #05-CM-015481; JUDGE: Nick Nazaretian; Date: November 21, 2006

FACTS: The defendant and his wife had a verbal argument outside his home. The victim claimed that our client hit her in the face with a piece of pizza, grabbed her by the throat, and body slammed her to the ground. Shortly after she caught her breath the neighbors helped her into their house. Instead of remianing at her neighbor's she got even more intoxicated and returned to our client's home. The same man she claimed she had thrown her to the ground. She found herself locked out of the home, and when she finally got inside she continued to verbally attack our client. The victim stood in the doorway of the bathroom and refused to allow her husband out. He eventually grabbed her and removed her from the doorway. The victim claimed that our client dragged her around the house by her hair, and bashed her head into the wall in the hallway.

DEFENSE: The only time my client laid his hands on the victim is when she came at him and he was forced to protect himself. In addition, the vicitm drank atleast six drinks contaning alcohol that night which called her credibility into question.

RESULT: The Judge found our client NOT GUILTY of the crime of domestic battery.

Tampa Criminal Attorney Resolves Violation of Probation

Category: Criminal Law

CASE # 02-CF-014966; Judge: Daniel Perry; Date: November 8, 2006

FACTS: The defendant committed his 3rd Violation of Probation by testing positive for cocaine. When he was arrested on the violation of probation warrant law enforcement found marijuana in his vehicle. The defendant could have avoided being arrested and forced to sit in the county jail to await his court date, but instead of hiring our office immediately, he chose to run.

DEFENSE: We addressed the Court on the Defendant's problems coping with his drug addiction, and suggested that a more intense treatment program could help the defendant overcome his addiction.

RESULT: After hearing argument the Court adjudicated the defendant, and gave him another drug evaluation with treatment recommended by probation. The defendant was given another period of probation to complete and was able to return to work, and his family.

Tampa Criminal Lawyer Gets Domestic Violence Injunction and Domestic Battery Charge Dismissed

Category: Domestic Violence

CASE #06-CM-023289; 06-DR-017814 & 06-DR-017444; JUDGE: Art Mcneil; Date: October 16, 2006

FACTS: The client was forced to protect himself when his wife came at him in their home. The wife was very intoxicated during the incident, and forced the client to defend himself. Eventually the suspect gathered his clothes so he could leave the home, but before he could finish packing the wife came back into the room and punched him in the face. The client documented his injuries by having photographs taken at the hospital. Unfortunately, he failed to retain any counsel and attempted to address the custody issues surrounding his son in his own way. The wife felt so threatened that she called the police and the client was arrested days later for domestic battery. Shortly after that she retained a lawyer and filed a petition for a domestic violence injunction against our client. After the client retained our office we filed our own petition for an injunction against the wife, and began defending his criminal charge.

Unfortunately, many people file criminal charges against their husband or wife in an attempt to gain an advantage in their divorce proceedings. The hope is that the person charged with the crime will be convicted and the family law judge will give custody of the children to the non-offending party. After the wife received our injunction her attorney called our office and we negotiated a settlement of the domestic violence injunctions and the criminal charge.

DEFENSE: The client was acting in self-defense when he threw the phone at his wife. The wife had a drinking problem and caused some noticeable injuries to the client during the struggle.

RESULT: The domestic violence injunctions were both dismissed and the State Attorney no filed the battery charge.

Tampa Defense Attorney Prosecutes Respondent for Violating Injunction

Category: Criminal Law

CASE # H-27-DR-2006-309; JUDGE: Stephen O. Rushing (Hernando County) Date: October 23, 2006

FACTS: Our Client had been in ongoing dispute with a nearby neighbor. The client became so threatened by his neighbor that he filed a petition for an injunction to prevent his neighbor from coming within 300 feet of him or his family. The judge granted his petition, but also granted the neighbor a similar injunction against our client. The client had not hired a lawyer before filing the petition for the injunction, or the injunction hearing. This led to other problems at his hearing and other problems with his neighbor that were not properly handled. It is extremely important to retain a lawyer as soon as you anticipate the possibility of going to court for any reason!
After our client got his injunction both parties began to call the police over supposed violations of their injunctions. The first injunction led the client to request the Court to grant other injunctions against other neighbors. The neighbor, who had a background in law enforcement, gradually began to win over the police and the state attorney with regards to the actions of our client. The State Attorney became convinced that our client was the aggressor, and filed an aggravated stalking charge against him. The client didn't contact our office until after the aggravated stalking charge was filed!. Eventually the client requested a hearing to determine whether his neighbor should be found in contempt of court for violating the court's order on August 11, 2006.
Our office prosecuted the neighbor for violating the injunction and asked the Court to find him in contempt of court. During our investigation we located an independent witness that was willing to come forward and testify that the opposing neighbor and his wife got out of their vehicle and threatened our client.

RESULT: The Court agreed with us that the neighbor was guilty of violating the injunction and found him in contempt of court. This case is another terrific example of waiting too long to hire a lawyer. Although we won the hearing and it should convince the State Attorney to take a second look at the actions of the neighbor, most of our client's problems could have been avoided had he contacted us earlier. A domestic violence injunction is a serious matter and violating an injunction is even more serious. Don't wait until the situation escalates out of control before you hire an attorney.

Tampa Defense Attorney Gets Aggravated Assault on Law Enforcement Officer Charge Dismissed

Category: Criminal Law

Case No.: 06-CF-019817; Date: 10/23/06

FACTS: The defendant was picking up family members from the airport when he had a dispute with a law enforcement officer. The defendant attempted to park his vehicle in the arrival terminal after circling the airport numerous times. The same officer involved in the previous dispute claimed the defendant veered his vehicle in his direction in order to strike him.

DEFENSE: Law enforcement at the airport claimed they had video that verified the officer's version of events. After discussions with the State Attorney it became clear that the officers did not have sufficient evidence to support the charge.

RESULT: The charge was dismissed. This case is a classic example of why hiring an attorney prior to the formal filing of a charge can be extremely beneficial. The detective involved in the investigation attempted to get the defendant to make some admission as to his intent during a phone interview. When the detective didn't get what he wanted he tried to set up an interview at the airport with the defendant. The defendant never appeared and a warrant was put out for his arrest. Eventually the defendant was arrested, and had to bond out of jail.
Many times we can prevent the above scenario from occuring through discussions with the detective. It is important for any suspect to realize that he cannot talk safely with a detective, or any member of law enforcement. Any officer investigating a criminal case is going to attempt draw an admission from a suspect, and many times what appears to be an admission in the officer's report is totally inaccurate. Unfortunately, once a suspect takes the risk of speaking with law enforcement without a lawyer, the detective's interpretation of the suspect's statement is what winds up in the report.

Tampa Criminal Attorney Gets DUI Win

Category: DUI

Case No.: 001-235-XAM; Judge: Lawrence Lefler; Date: October 3, 2006

FACTS: The defendant was observed driving the wrong way down a one way street. The officer stopped the defendant's vehicle, and asked the driver to perform field sobriety tests. The defendant complied with the officer's request. After observing the defendant's performance the officer made an arrest for DUI.

DEFENSE: The officer failed to properly judge the defendant's performance on the field sobriety tests. Closer inspection of the video showed that the defendant had performed very well on the tests. It is common for many officers to exaggerate someone's poor performance.

RESULT: The state dropped the DUI charge.

Tampa Criminal Attorney Resolves Violation of Probation

Category: Criminal Law

Case # CT-003-377-SFN; Judge: Tom Barber; Date: September 29, 2006

FACTS: The Defendant was alleged to have violated his probation for reckless driving by committing a new law offense (driving while license suspended).

DEFENSE: The defendant was able to complete many of his other conditions of probation before he was arrested on the vop warrant.

RESULT: The defendant was released from jail, and continued on his probation.

Tampa Criminal Attorney gets Domestic Battery Win

Category: Domestic Violence

Case No: 06-CM-013167; Judge Nick Nazaretian; Date: September 26, 2006

FACTS: The defendant was alleged to have struck his girlfriend on her left arm and her left eye several times with a closed fist. Law enforcement took photographs of the victim's injuries.

DEFENSE: The victim had shoved the defendant several times before he attempted to defend himself.

RESULT: The State dropped the charges.

Tampa Attorney gets DUI Win

Category: DUI

CASE #001-194-XAM; Judge: James Dominguez; Date: September26, 2006

FACTS: The defendant was alleged to have made a very wide, fast turn traveling half way into the inside lane of oncoming traffic. His vehicle supposedly almost crashed into another vehicle traveling the opposite way. The officer claimed the defendant had bloodshot glassy eyes and slurred speach. He also noticed a distinct odor of alcoholic beverage coming out of his mouth. According to the police report the defendant showed clues of impairment on his field sobriety tests and was arrested for DUI.

DEFENSE: Review of the videotape revealed that the officer was very accusatory and coercive towards the defendant. In addition, the defendant's performance on the field sobriety tests appeared to be much better than the officer described.

RESULT: The State dropped the DUI charge.

Tampa Criminal Attorney Gets DUI Win

Category: DUI

CASE # 001-648-XAM; Judge Tom Barber; Date: September 22, 2006

FACTS: The defedant was stopped by a law enforcement officer after he ran two stop signs. After exiting his vehicle the officer radioed for a DUI enforcement officer who decided not to administer any field sobriety tests because of the defendant's medical condition. The defendant was arrested and transported to central breath testing where he blew .129 and .129.

DEFENSE: There was an issue of a lack of probable cause due the fact that the officer failed to administer any field sobriety tests to the defendant. The breath results were collected after the questionable arrest.

RESULT: After negotiations with the State they agreed to drop the DUI charge.

State Dismisses Grand Theft Charge in Pinellas County

Category: Criminal Law

Case Number: 05-23953; Judge Timothy Peters; September 21, 2006

FACTS: The defendant was alleged to have taken a large sum of money from the victim. The victim's money was transferred into the defendant's account, and the bank alleged that they notified defendant of this mistake. The bank claimed the defendant kept the money even after receiving notice that the victim was the rightful owner of the money.

DEFENSE: The bank never provided any documentation to the defendant showing the money was the victim's property.

RESULT: The State dismissed the charge.

Tampa Criminal Lawyer Resolves Violation of Probation

Category: Criminal Law

Case Number: 05-CM-0784; 04-CM-22756; 04-CM-022757; Judge Lawrence Lefler; Date: September 20, 2006

FACTS: The defendant violated three different probations. The defendant was unable to satisfy his financial obligations to probation and his restitution.

DEFENSE: The defendant was ultimately able to pay his restitution payment, and other financial obligations.

RESULT: The State agreed to terminate the defendant's probation and withhold adjudication (conviction).

Tampa Criminal Lawyer gets DUI Win

Category: DUI

Case #06-CM-014800; Judge Joelle Ober; Date: September 14, 2006

FACTS: The officer observed the defendant's vehicle continuously cross over the lane lines, and have difficulty maintaining a single lane. After a traffic stop the officer noticed that the defendant had an odor of alcohol on her breath, slurred speech, and blood shot eyes. According to the officer the defendant had difficulty standing and fumbled for her wallet. The officer administered Field Sobriety Tests to the defendant, and arrested her for DUI.
During his investigation the defendant admitted to taking xanax, and smoking marijuana a week earlier. The officer requested the defendant to submit a urine screen. After making numerous attempts the defendant was unable to drop urine.

DEFENSE: After questioning the police officer at the formal hearing for Department of Motor Vehicles the officer admitted that the defendant did not seem impaired by marijuana. In addition, the officer admitted that the defendant was sincerely unable to drop a urine screen.

RESULT: After discussing the testimony of the officer at the formal hearing the State agreed to dismiss the DUI charge.

Tampa Criminal Lawyer Gets DUI Win

Category: DUI

Case Number: 006-386-XAF; Date: September 12, 2006

FACTS: The defendant was stopped for driving erratically in his lane at low speed. Shortly after the stop the law enforcement officer read the defendant his Miranda rights. The defendant indicated to the officer that he was unsure about his rights which led to even more confusion on the part of the defendant. After performing two road side tests (alphabet, counting backwards) the defendant was arrested and transported to the county jail. At the jail law enforcement claimed that the defendant refused to take the breathalyzer. There was a dispute as to whether the defendant actually had the ability to perform the breath test.

DEFENSE: After reviewing the officer's police report and the video it appeared that there were two pretrial motions to suppress evidence. One motion to suppress the stop of the defendant's vehicle and another motion to suppress all of the statements made by the defendant after the stop.

RESULT: Pretrial negotiations led the State to drop the DUI charge.

Tampa Criminal Defendant Avoids Conviction of Refusal to Obey

Category: Criminal Law

Case #004-171-ELQ; Judge Joelle Ober; Date: August 15, 2006

FACTS: The defendant was charged with Failure to Obey the Command of a Law Enforcement Officer. He was leaving the St. Pete Times Forum when he was stopped by a law enforcement officer in traffic. The law enforcement officer claimed he commanded him to stop his vehicle, and he refused to do so.

DEFENSE: There was evidence that the defendant was unaware of the law enforcement officer's command. The officer failed to verbally identify himself as a law enforcement officer, and even though the officer was in uniform, the defendant did not hear the officer's commands until he was at the defedant's car window. Ultimately, the officer admitted that the circumstances may have prevented the defendant from identifying him as an officer at the time he commanded him to stop.

RESULT: The State dismissed the charges.

Tampa Criminal Lawyer Prevents 5 Year License Suspension

Category: Criminal Law

CITATION #005-596-SFG; 005-596-SFG; 005-597-SFG; Judge Margaret Courtney
Date: August 8, 2006

FACTS: The defendant was arrested on another driving while license suspended charge qualifying him for habitualization and a five year suspension of his license.

DEFENSE: The defendant was able to obtain a valid license, and further negotiations with the State in regards to the defendant's driving history led to an amendment of the charges.

RESULT: The defendant's charges were amended to No Valid Driver's License and the traffic infractions were dismissed.

Tampa Criminal Lawyer Resolves Domestic Battery Charges

Category: Domestic Violence

CASE #06-CM-018218; 06-CM-017499; Judge Nick Nazaretian;
Date: August 8, 2006

FACTS: The defendant was charged with committing two batteries in a span of nine (9) days. The victim was a serious alcoholic who had been to alcohol detox shortly before the defendant was arrested. She had numerous bruises all over her body.

DEFENSE: The victim's alcoholism brought on a blood disease (ecchymoses) that caused her blood to leak into her skin whenever she fell down or bumped into an object. The victim's injuries were the result of injuries she received while intoxicated, not by the defendant.

RESULT: After depositions with the victim the State agreed to drop one battery charge in exchange for a plea of No Contest to the other charge. The State agreed to withhold the adjudication and the defendant was not convicted.

Win for Tampa Criminal Lawyer at Domestic Violence Injunction Hearing

Category: Domestic Violence

CASE #06-DR-012520; Judge Raul Palamino; Date: August 1, 2006

FACTS: We represented the Respondent. It was alleged by the Petitioner that the Respondent had choked her and her 21 year old daughter at separate times. In addition, she alleged that our client exposed himself to his 5 and 6 year old children at the pool.

DEFENSE: None of the allegations contained in the petition contained any information that was relevant to domestic violence against the petitioner. All the allegations made by the petitioner were either too remote in time to be relevant, or lacked sufficient support through the evidence.

RESULT: The petitioner's injunction was dismissed and our client prevailed.

Tampa Criminal Lawyer gets DUI Dismissed

Category: DUI

CASE #002-712-XAM; Judge Tom Barber; Date: July 28, 2006

FACTS: The defendant was alleged to have pulled in front of the police officer almost striking a curb. Shortly after pulling into traffic he approached a traffic light where he straddled the double line. The officer followed the defendant who came close to striking a second curb. As the defendant approached the next light he was alleged to have almost struck the vehicle in front of him, and then cut off another vehicle short distance later. The officer stopped the defendant, conducted Field Sobriety Tests and arrested the defendant for Driving Under the Influence. Shortly after arriving at the Orient Road Jail the defendant submitted to a breathalyzer test and blew .143 and .156.

DEFENSE: Shortly after being retained the defendant made us aware of the passenger in his vehicle, and that the path of travel described by the officer was incorrect. Further investigation at the crime scene led us to file a Motion to Suppress the Stop of the Defendant's vehicle. Testimony from the officer elicited during the motion to suppress hearing was inconsistent with the configuration of the area of the arrest and the passenger's testimony.

RESULT: The Court Granted the Motion to Suppress and the DUI charge was dismissed.

Tampa Criminal Lawyer gets Drug Possession Charges Dropped

Category: Criminal Law

CASE #06-CM-011327; Judge Margaret Courtney; Date: July 27, 2006

FACTS: Police conducted a traffic stop on the defendant and arrested him for Driving While License Suspended. The defendant's vehicle was searched incident to arrest, and a bag of marijuana was found on the passenger seat of the vehicle.

DEFENSE: After investigation it was determined that the defendant's license was not in fact suspended at the time of the stop. In addition, the State was unable to produce any evidence of the marijuana due to the way it was collected by the police officer.

RESULT: All the defendant's charges were dropped.

Child Abuse Win by Tampa Criminal Lawyer

Category: Criminal Law

CASE#05-CF-021483; Judge Chet Tharpe; Date: July 26, 2006

FACTS: The defendant was accused of chasing his 9 year old step-son and striking him with a set of keys in the head. According to the State the laceration caused severe bleeding, and the defendant was charged with Felony Child Abuse.

DEFENSE: We contended that the blow to the boy was not intentional. After discovery depositions and investigation it became clear that the mother of the children was not credible in that she made the allegation over a week after the incident, and only in an attempt to have the defendant removed from his own property.

RESULT: The child abuse charge was dropped.

Plant City DUI Win by Tampa DUI Lawyer

Category: DUI

CASE #001-132-XCA; 001-477-EOL; Judge Christine Vogel; Date July 26, 2006

FACTS: The defendant was pulled over and charged with Racing on Public Highways. Shortly after the stop the police officer smelled an odor of alcohol on the defendant and noticed he was slow to react. The defendant was asked to perform field sobriety tests and performed poorly. The officer did not video the defendant at the scene. The defendant admitted to drinking 4 martinis.

DEFENSE: It was unclear from the police reports whether the stop of the defendant was proper. The illegality of the stop led to negotiations with the State on both charges.

RESULT: The DUI charge was dropped and the State dismissed the Racing on Highways charge.

Tampa Criminal Lawyer gets Domestic Violence Win

Category: Recent Wins

CASE #06-CM-006304; Judge Nick Nazaritian; Date: July 26, 2006

FACTS: The defendant was alleged to have punched his wife to the ground several times after becoming very intoxicated.

DEFENSE: The defendant never touched the victim which was evident through the physical evidence (pictures) recovered by the law enforcement officer.

RESULT: The State dropped the charge.

Violation of Probation Win for Tampa Criminal Lawyer

Category: Recent Wins

CASE #04-CF-016677; Judge Daniel Perrry; July 25, 2006

FACTS: The client was alleged to have violated her probation by testing positive in a urine screen after she got on probation. The client had a child at home for which she was the sole provider.

DEFENSE: The defendant had made serious efforts to complete the conditions of her probation (community service hours and drug treatment.

RESULT: The defendant was continued on probation without jail.

Tampa Criminal Lawyer DUI Win

Category: Recent Wins

CASE #404-049-W; Judge James Dominguez; Date: July 10, 2006

FACTS: The defendant was confronted by police who claimed he had a distinct odor of alcohol and slurred speech. The officer asked the defendant not to drive. A short time later the defendant drove his vehicle and was stopped for failing to use a turn signal. According to the officer the defendant was slow to react, and refused any testing.

DEFENSE: A pretrial motion to suppress the stop was filed asking the court to suppress any and all evidence that emanated from the stop. This motion led to pretrial negotiations with the State.

RESULT: The DUI charge was dropped.

Tampa Criminal Lawyer Prevents Habitualization of Client's License

Category: Recent Wins

CITATION #000-768-ELS; #007-310-ELQ; 000-769-ELS; 000-770-ELS; Judge Margaret Courtney; Date: July 13, 2006

FACTS: The defendant was arrested for two separate Driving While License Suspendeds, failure to display PIP insurance, and expired tag.

DEFENSE: The defendant was able to obtain a valid license which led to negotiations with the State Attorney about reducing the client's charges.

RESULT: The State agreed to modify the defendant's Driving While License Suspended charges to No Valid Driver's License, and drop the remaining failure to display PIP insurance and the expired tag violation.

Tampa DUI Win

Category: Recent Wins

CASE #404-049-W; Judge James Dominguez; Date: July 10, 2006

FACTS: The defendant was confronted by police who claimed he had a distinct odor of alcohol and slurred speech. The officer asked the defendant not to drive. A short time later the defendant drove his vehicle and was stopped for failing to use a turn signal. According to the officer the defendant was slow to react, and refused any testing. These factors led to the defendant's arrest for DUI.

DEFENSE: A pretrial motion to suppress the stop was filed asking the court to suppress any and all evidence that emanated from the stop. This motion led to pretrial negotiations with the with the Hillsborough County State Attorney's Office.

RESULT: The DUI charge was dropped.

Tampa Careless Driving Win

Category: Recent Wins

CITATION #000-448-ELS; Judge Robert Foster; Date: June 28, 2006
FACTS: The defendant was alleged to have interfered with another driver by swerving in and out of traffic causing another vehicle to strike her from behind.

DEFENSE: The opposing driving tailgated the defendant, and refused to avoid her when he had every opportunity to do so. Inevitably the opposing driver was unable to provide the court with evidence to substantiate the charge.

RESULT: The careless driving charge was dismissed.

Tampa DUI Win

Category: Recent Wins

CASE #000-026-XCA; Judge James Dominguez; Date: June 6, 2006
FACTS: The defendant was observed weaving outside of his lane and driving his vehicle 60 mph in a 45 mph zone. Shortly after he was stopped by law enforcement he was asked to perform field sobriety tests. After considering the defendant's performance the officer arrested the defendant. The breath result was .106 and .106.

DEFENSE: The defendant's performance on the field sobriety tests created a contradiction in the evidence.

RESULT: The DUI charge was dropped.

Tampa DUI Win

Category: Recent Wins

CASE #001-263-XAM; Date: June 6, 2006

FACTS: The defendant was stopped by law enforcement without a headlight. His vehicle was stopped and the officer his speech to be slurred and his eyes were bloodshot and glassy. The defendant performed field sobriety tests and was arrested for DUI. The breath result was .095 and .095.

DEFENSE: The officer did not properly assess the defendant's performance on his field sobriety tests.

RESULT: The DUI charge was dropped.

Tampa Court Win

Category: Recent Wins

ATTEMPTED MURDER ON A LAW ENFORCEMENT OFFICER

CASE #04-CF-024505; Judge Manual Lopez; Date: April 10, 2006

FACTS: The defendant was initially charged with Attempted Murder on a Law enforcement officer, Battery on a law enforcement officer, and two charges of resisting with violence. The defendant was alleged to have attacked two people at an apartment complex. As soon as the police arrived they confronted the defendant and asked him to get on the ground. A chase ensued and the police attempted to subdue the defendant. According to the deputy the defendant reached around her neck and choked her. Shortly after the defendant let go of the deputy he was brought down by numerous other officers.

DEFENSE: Shortly after the defendant was arrested we located an independent witness that saw the entire incident. We immediately contacted the State Attorney's Office before formal charges were filed, and convinced the state to drop the attempted murder charge. In addition to the independent witness, we conducted discovery depositions of all the officers involved in the case. Through these depositions and the discovery of an independent witness we argued that the defendant was attempting to protect himself.

RESULT: The defendant pled guilty to one charge of battery on a law enforcement officer, one charge of misdemeanor battery, and one misdemeanor charge of resisting an officer without violence. The remaining resisting with violence charge was dropped. The defendant was not convicted on any of the above charges.

Tampa DUI Win

Category: Recent Wins

CASE #001-603-XAM; Judge James Dominguez; Date: April 4, 2006
FACTS: The defendant left a bar and attempted to drive home. After becoming ill outside of his vehicle he fell asleep behind the wheel. He was contacted by law enforcement and asked to perform field sobriety tests. After failing these tests and making statements to the police officer he was arrested. The defendant was transported to Central Breath Testing and blew .078 and .082.

DEFENSE: While the defendant was ill in front of the police officer and had a lot of trouble performing field sobriety tests, he had taken steps to avoid driving.

RESULT: The DUI charge was dropped.

Bond Hearing in Polk County

Category: Recent Wins

BOND HEARINGS

CASE #06-CF-001997; Judge Bruce Smith (Polk County); Date: March 18, 2006

FACTS: The defendant was charged with sexual battery on his daughter (1st degree felony punishable by life).

DEFENSE: At the bond hearing we made the court aware of the questionable allegations made by the victim in the past, and the disciplinary issues causing strife between the defendant and his daughter.

RESULT: The Court set a bond in the amount of $10,000.

Tampa Battery On a Law Enforcement Officer Win

Category: Recent Wins

BATTERY ON A LAW ENFORCEMENT OFFICER

CASE #05-CF-008694; Judge William Fuente; Date: October 18, 2005

FACTS: The defendant became intoxicated at a casino and had a physical altercation with law enforcement.
DEFENSE: The police officers gave sworn statements during the discovery process. These depositions revealed that the defendant was unable to intentionally strike the officers.

RESULT: The Battery on a law enforcement officer charge was dropped.

Tampa DUI Win

Category: Recent Wins

CASE # 627-943-X; Judge James Dominguez; Date: August 4, 2005
FACTS: The Defendant struck several vehicles before coming to a stop in a ditch. Law enforcement arrived and the defendant agreed to perform field sobriety tests. According to the officer the defendant failed the field sobriety tests and was transported to central breath testing where he blew .233 and .244.

DEFENSE: The State was unable to pursue the charge at trial due to a lack of evidence.

RESULT: The DUI charge was dropped.