Case Results 2014

2014: Client Arrested for Attempted Escape, Placing False 911 Calls, Attaching tag not Assigned, and no Motor Vehicle Registration Gets all Charges Dismissed After Completing Diversionary Program.

My client was arrested in Merritt Island, Florida by an officer from Cocoa Beach Police Department. The officer alleged that he tried to conduct a traffic stop on the vehicle that my client was driving but that my client refused to pull over. My client, who had been diagnosed as schizophrenic, refused to pull over because he thought that the officer was an imposter. I was able to discuss my client’s psychiatric issues with the prosecutor and he agreed to place my client into a diversionary program, which my client successfully completed, and all charges were subsequently dismissed.

2014: Client Arrested for Grand Theft Enters Plea and Receives Withhold of Adjudication to Petit Theft.

My client was arrested in West Melbourne, Florida and charged with Grand Theft, a third degree felony punishable by up to five years in prison. The victim was my client’s aunt and she alleged that my client damaged one of her rings and then removed the precious gems. She further alleged that the replacement value of the ring was $3000.00. The prosecutor agreed to allow my client to enter a plea to a misdemeanor (Petit Theft) and at the restitution hearing the judge ordered my client to pay the victim $1,300.00 instead of $3,000.00.

2014: Charges Dismissed Against Client Arrested for Possession of Controlled Substance and Violation of Felony Probation.

My client was arrested in Cocoa, Florida by an officer from the Brevard County Sheriff’s Office after he was stopped while riding his bike at night and searched. The officer alleged that my client consented to the search and that the officer discovered a controlled substance in my client’s pocket. Unfortunately for my client, this arrest also violated the terms of his felony probation. I was able to negotiate a resolution to both cases that involved dismissal of the Possession of Controlled Substance and reinstatement of my client’s felony probation.

2014: All Charges Dismissed against Client Arrested for Manufacture (Cultivation) of Cannabis, Possession Less Than 20 Grams Cannabis, and Three Counts of Possession of Drug Paraphernalia.

My client was arrested at his home in Palm Bay, Florida after law enforcement received an anonymous tip that he was growing marijuana in his back yard. Officers from the Palm Bay Police Department investigated and went into my client’s back yard without a warrant and discovered a few marijuana plants along with a small amount of marijuana and items of paraphernalia located on his back porch. Cultivation of Cannabis is a third degree felony, punishable by up to five years on prison, Possession Less Than 20 Grams of Cannabis is a first degree misdemeanor, punishable by up to one year in jail, and Possession of Paraphernalia is also a first degree misdemeanor. I showed the prosecutor my legal research that clearly demonstrated that the search of my client’s property was illegal and all charges were subsequently dismissed.

2014: Client Arrested for Possession of Cocaine and Driving While License Suspended With Knowledge Enters Plea to Misdemeanor After Felony is Dismissed.

My client was arrested in Melbourne, Florida by an officer from the Melbourne Police Department and charged with Possession of Cocaine, a third degree felony, punishable by up to five years in prison and Driving While License Suspended with Knowledge, a first degree misdemeanor, punishable by up to one year in jail. My client’s vehicle was stopped for a traffic infraction and the officer found several pieces of cocaine located inside the vehicle. The officer questioned my client about the cocaine and my client made several incriminating responses. I filed a motion to suppress the evidence and argued that my client’s statements were made in violation of his Miranda rights. The judge agreed and granted my motion. The State dropped the felony and my client entered a plea to the misdemeanor.

2014: Client Charged With Driving While License Suspended or Revoked With Knowledge Gets Charge Dismissed.

My client was arrested by an officer from the West Melbourne Police Department for Driving While License Suspended or Revoked with Knowledge. This charge is classified as a first degree misdemeanor, punishable by up to one year and jail. There is also a civil infraction for Driving While License Suspended, which is not a criminal offense. The difference between the criminal charge and civil charge is that the criminal charge requires proof that the Defendant was aware or had knowledge that his or her license was suspended at the time of the offense. The charge was dismissed.

2014: Criminal Charge of Obstruction by a Disguised Person Dismissed.

My client was arrested in Cape Canaveral, Florida by an officer from the Brevard County Sheriff’s Office and charged with Obstruction by a Disguised Person, which is a first degree misdemeanor, punishable by up to one year in jail. The officer alleged in his report that my client provided him with a false name during the course of his investigation. The charge was dismissed.

2014: Possession of Cannabis and Possession of Drug Paraphernalia Charges Dismissed.

An officer from the West Melbourne Police Department conducted a traffic stop on my client’s vehicle. During the stop, the officer asked my client for consent to search her vehicle but she refused. The officer then detained my client and summoned for a K9 officer to search the vehicle. According to the K9 officer, the dog “alerted” on the vehicle and the officer subsequently discovered cannabis and a scale in the back seat. Possession of Cannabis Less Than 20 Grams is a first degree misdemeanor, punishable by up to one year in jail, and Possession of Paraphernalia is also a first degree misdemeanor, punishable by up to one year in jail. All charges were dismissed.

2014: Battery Domestic Violence Charge Dismissed.

My client was arrested in Cocoa Beach, Florida and charged with Battery Domestic Violence, a first degree misdemeanor, punishable by up to a year in jail and a $1000.00 fine. The police report alleged that my client pushed her husband in the chest during an argument. The charge was dismissed.

2014: Violation of Probation Charge Dismissed.

My client had been placed on probation in Brevard County, Florida for a period of one year for Driving Under the Influence. He did not complete the conditions of probation and his probation officer submitted an Affidavit of Violation and a Warrant for Violation of Probation to the judge for signature. However, the Warrant For Violation of Probation was not issued during the probationary period. I filed a Motion to Dismiss which was granted by the Court and the case was dismissed.

2014: Disorderly Intoxication Charge Dismissed.

My client was arrested in Titusville, Florida by a Fish and Wildlife Conservation Officer. The officer wrote in his report that he observed my client urinating in public and that my client appeared to be extremely intoxicated. Disorderly Intoxication is a second degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. I was able to negotiate a resolution with the prosecutor in which the State agreed to dismiss the case if my client completed some community service and attended three Alcoholics Anonymous meetings. The charge was subsequently dismissed.

2014: Loitering and Prowling and Resisting Officer Without Violence Charges Dismissed.

My client was arrested in Indialantic, Florida by the Brevard County Sheriff’s Office. The law enforcement officer’s report alleged that my client was located in an area in which numerous burglaries had occurred and that that my client ran away when the officer tried to approach him. My client tried to evade the officer by jumping into a canal but was found and arrested. Loitering and Prowling is second degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. Resisting Officer Without Violence is a first degree misdemeanor, punishable by up to a year in jail and a $1000.00 fine. Both charges were dismissed.