Case Results

Domestic Violence

Case Noll Processed: State was unable to go forward on the morning of the trial due to lack of evidence.

Drug Crimes

Trafficking in Cocaine

Case Dismissed: Filed Motion to Suppress. Officers stopped my client for an alleged seatbelt violation stating they could plainly see through his open driver side window that he was not wearing a seatbelt. Claimed they could smell Marijuana. Search of the vehicle revealed One Half Kilo of Cocaine. Court found that Law Enforcement could not have seen the seatbelt through an open window. Facts revealed window could not have been down nor would it have been down if it could be lowered. Also the seatbelt in this particular vehicle, if not worn would chime through all vehicle speakers indefinitely and make conversing near impossible and would preempt any stereo music functions. A computer check of the vehicles “black box” showed the seatbelt system was working properly and has never been disabled. Testimony from a stereo shop showed that two days earlier they had removed client’s front door panels to install custom speakers. In doing so, they testified that they disconnected all windows and locking capabilities and further indicated that before doing so the windows were placed in the up position. At the time of the stop there were severe thunderstorms and heavy rains as evidenced by not only witness testimony but through national weather report data.

DUI

Case Reduced: Client was arrested with an irrelatively high breath of .124. Some of the relevant facts were the length of time between the stop and the breath test as well as her on scene video which showed someone who did not look impaired, but rather stable and normal in speech and motor function. Pointing out that a jury may have a hard time reconciling the difference between the breath results, irrelatively long time after the stop, and the lack of impairment, at the time of the stop, that they would see with their own two eyes.

Firearms Law

Aggravated Assault Deadly Weapon; To wit, A Firearm

Case Dismissed: Client was arrested for Aggravated Assault Firearm after being jumped leaving a nightclub and drawing his legally possessed firearm and firing a warning shot. Client had a Concealed Carry Permit. His girlfriend and he were attacked while leaving a nightclub. During the fight the assailant attacking my client broke off the attack, ran to a car and retrieved what was described as a small metallic object. Unknown whether it was a small club or knife, my client at this time drew his firearm, pointed at the assailant some 25 feet away and fired a warning shot away from the assailant, who then fled. Arguing Florida Stand Your Ground Law as well as a new provision regarding warning shots, the State agreed and stood silent on my Motion to Dismiss.

 

Aggravated Assault Deadly Weapon; To wit, A Firearm.

Case No Filed by State Attorney: Client was arrested for Aggravated Assault Firearm. Client is a Law Enforcement Officer who was home on his of day. Alleged victim was a process server who was enraged, records showed that my client was not at work when they attempted to serve a Subpoena. Contrary to regulations regarding service of Law Enforcement, process server obtained the home address of the Officer and went there to serve the Subpoena. Banging heavily on the front door, as my client was sleeping during the day, my client (not knowing who was at the door) answered the door with his service weapon in his hand. The alleged victim fled from the residence, called Law Enforcement and an arrest was made. The State agreed not to file charges after I presented them with the law regarding the Castle Doctrine and a homeowners’ rights in such situations.

Prostitution

Case Noll Processed: Client was arrested for allegedly offering to perform a sex act in exchange for money. A lack of evidence that this actually occurred resulted in the case being dropped by the state.

Theft Crimes

Failure to Return Leased Property

Case Noll Processed: State agreed to drop charges when I approved correspondents from rental agency was insufficient and their refusal to return property, once my client had received notice, was improper.