Case Results 2012

2012: Client Found not Guilty After Jury Trial.

My client was charged with Battery, a first degree misdemeanor punishable by up to a year in jail, after her was arrested by the Melbourne Police Department for allegedly punching the victim during a bar fight. Due to my client’s employment, he could not receive a criminal charge or conviction on his record. We successfully argued self defense under Florida’s stand your ground law and my client was found not guilty after a three day jury trial.

2012: Client Charged With Felony Battery has Charge Dismissed.

In this case, my client was arrested by the Melbourne Police Department and charged with Felony Battery, which is a third degree felony punishable by up to five years in prison upon conviction. The victim alleged that my client attempted to suffocate her by holding a couch cushion over her nose and mouth. The charge was dismissed.

2012: Client Charged With Burglary of an Occupied Dwelling and Grand Theft has Charges Dismissed.

My client was arrested by the Brevard County Sheriff’s Office and charged with Burglary of an Occupied Dwelling, which is a second degree felony punishable by up to 15 years on prison. He was also charged with Grand Theft, which is a third degree felony punishable by up to five years on prison. It was alleged that my client unlawfully entered a residence and removed items without the homeowner’s permission. All charges were dismissed.

2012: Client Charged With Aggravated Battery has Charge Dismissed.

My client was arrested by the Brevard County Sheriff’s Office and charged with Aggravated Battery, which is a second degree felony punishable by up to 15 years in prison. The police report alleged that my client severely injured the victim during a physical altercation. The charge was dismissed.

2012: Client Charged With two Counts of Burglary of a Conveyance and one Count of Petit Theft has all Charges Dismissed.

In this case, my client was arrested by the Rockledge Police Department and charged with two counts of Burglary of a Conveyance and one count of Petit Theft. Burglary of a Conveyance is a third degree felony, punishable by up to five years in prison for each count. Petit Theft is a second degree misdemeanor, punishable by up to 60 days in jail. Although the Rockledge Police Department believed that they had video surveillance of my client breaking into automobiles, all charges were dismissed.

2012: Client Charged With Battery Domestic Violence has Charge Dismissed.

My client was arrested in Merritt Island by the Brevard County Sheriff’s Office after he allegedly pushed his wife against a wall, causing her to strike her head. To make matters worse, the alleged incident occurred while their two minor children were present in the home. Battery Domestic Violence is a first degree misdemeanor, punishable by up to one year in jail. The charge was dismissed.

2012: Client Charged With Possession of a Controlled Substance has Charge Dismissed.

In this case, my client was arrested by the Palm Bay Police Department and charged with Possession of a Controlled Substance – Oxycodone. The charge is a classified as a third degree felony, punishable by up to five years in prison. Although the law enforcement officer discovered the controlled substance in my client’s vehicle, the charge was dismissed.

2012: Client Charged With Felony Child Abuse has Charge Dismissed.

My client was arrested by the Titusville Police Department and charged with Felony Child Abuse, which is a third degree felony punishable by up to five years in prison. The charge was dismissed.

2012: Client Charged With Battery Dating Violence has Charge Dismissed.

In this case, my client was arrested by the Melbourne Police Department and charged with a first degree misdemeanor, punishable by up to a one year in jail. The victim alleged in her statement to the police that my client forcibly pushed her in the chest area and grabbed her by the neck during an altercation. Despite the existence of two independent witnesses who corroborated the victim’s version of events, the charge was dismissed.

2012: Client Charged With Possession of Cannabis has Charge Dismissed.

An officer from the Palm Bay Police Department conducted a traffic stop on my client’s vehicle because he was allegedly not wearing his seat belt. The officer wrote in his report that he smelled the strong odor of cannabis upon approaching my client’s vehicle, and the officer discovered a small amount of cannabis under the driver’s seat after searching the vehicle. My client was arrested for Possession of Cannabis, which is a first degree misdemeanor, punishable by up to a one year in jail. The charge was ultimately dismissed because the State could not prove beyond a reasonable doubt that my client had knowledge that the cannabis was in the car or that he was in actual or constructive possession of it.

2012: Client Charged With Resisting an Officer Without Violence has Charge Dismissed.

The Titusville Police Department arrested my client and charged him with Resisting an Officer Without Violence, which is a first degree misdemeanor, punishable by up to one year in jail. The charge was without any basis and dismissed.

2012: Client Alleged to Have Violated his Community Control Receives Additional Community Service and Reinstatement.

In this case, my client had been placed on two years of community control followed by three years of felony probation after entering a guilty plea to Attempted Burglary, a third degree felony, punishable by up to five years in prison. His community control officer violated him after she could not locate my client and he was arrested by the Brevard County Sheriff’s Office. I was able to negotiate a modification of my client’s community control, which involved him having to do some additional community service. In exchange, the violation of community control charge was dismissed and my client was reinstated.

2012: Client Charged With Battery Domestic Violence has Charge Dismissed.

My client was arrested by the Melbourne Police Department and charged with Battery Domestic Violence after he allegedly grabbed his wife by the back of her head, threw her against the wall, and kicked her. Battery Domestic Violence is a first degree misdemeanor, punishable by up to one year in county jail. The charge was dismissed.

2012: Client Receives Early Termination of Felony Probation.

In this case, my client was placed on felony probation for Attempted Second Degree Murder with Great Bodily Harm in 2007 after he shot the man who had been sexually abusing him and his brother. My client completed every general and special condition of his probation and the Court granted my motion for early termination.

2012: Client Charged With Battery Domestic Violence has Charge Dismissed.

My client was arrested by the Titusville Police Department and charged and charged with Battery Domestic Violence, which is a first degree misdemeanor, punishable by up to one year in the county jail. It was alleged that my client elbowed the victim in her chest and pinned her against her car seat. The charge was dismissed.

2012: Client Charged With Violation of Probation Receives Modification and Reinstatement of Probation. No Jail Time.

In this case, my client was placed on felony probation for felony child abuse in 2009. In 2011, his stepson alleged that my client hit him with a belt which left a significant bruise on the child’s leg. I was able to get the prosecutor to agree to a modification of my client’s probation. Although the modification extended the amount of time my client would remain on probation, in exchange the prosecutor agreed to dismiss the violation of probation warrant. No jail time.

2012: Client who Lost her License as a Certified Nursing Assistant (“CNA”) Received Exemption From the Department of Health and Permitted to Return to Work.

In this case, my client had been working as a CNA for two years when she was informed that she could no longer work as a CNA because of a disqualifying offense that appeared on a background check. I applied for an exemption from the Department of Health and submitted the necessary documentation to establish that she had been rehabilitated. The Department of Health granted the exemption and my client’s CNA license was reinstated.

2012: Client Charged With Possession of Paraphernalia has Charge Dismissed.

My client was arrested by the Florida Highway Patrol and charged with Possession of Paraphernalia, which is a first degree misdemeanor punishable by up to one year in the county jail. The charge was dismissed.

2012: Client Charged With Criminal Offense of Attaching Tag Not Assigned Receives Withhold of Adjudication to Civil Infraction.

My client’s registration on his vehicle expired and he removed the license plate from another vehicle and attached it to his. Although this sounds like a relatively minor offense, Attaching Tag Not Assigned is a second degree misdemeanor, punishable by up to 60 days in jail. I was able to convince the prosecutor to amend the charge to a civil infraction (non criminal offense) upon showing proof that my client had properly registered his vehicle.