State v. K. Kelley Miami-Dade Circuit cases F18-20212B and F18-20313.
Client was accused of two separate burglary to a business charges where the restitution was in excess of $100,000.
Both cases were dropped when probable cause and identification were challenged. Client was incarcerated while, on one of the cases, another defendant was convicted.
U.S. v. C. Fowler U.S. District Court, Southern District of Florida case 19-20248 CR WILLIAMS
On the charge of possession of a firearm by a convicted felon, client was facing a sentence between 27-33 months prison.
I petitioned the court for a variance from the sentencing guidelines range where the client received a much lesser sentence of only 3 years supervised release.
State v. D. Catena Broward County case 18012747MU10A
Client was accused of DUI where he refused to take the breath test.
After a jury trial he was found not guilty
State v. J. Juste Broward Circuit case 17009064CF10A
Despite allegations of identity fraud, case was dismissed because a motion to suppress evidence was granted. The police, while initially getting involved with a wholly separate criminal investigation stopped my client, handcuffed him and then forcible searched him where they found stolen credit cards.
A judge rule that there was no probable cause to conduct that search.
U.S. v. S. Gadson U.S. Southern District Court of Florida 18CR-60121
In a sentencing on federal firearms violation, the client’s sentencing guidelines called for a 27-33-month prison sentence.
A motion for a variance from those guidelines was granted where the client was sentenced to three years’ probation.
U.S. v W. Ulysse U.S. Southern District of Florida case 17 CR 964
Client was on supervised release for identity fraud, was under investigation (where they had a provable case) in both Florida and West Virginia.
In exchange for pleading guilty to a violation of supervised release, I was able to get two separate U.S Attorneys Offices to contractually oblige themselves not to prosecute my client.
State v. K. Montelier Broward County case 17009647MM10A
Client was accused of domestic violence. A previous attorney was on the case for 1 ½ years before I was hired.
On the very next day that I was hired, the case was tried where a jury acquitted the client.
State v. C Little Miami Circuit Court cases F17-3654, F17-8666, and F17-13849.
Client was accused, on three separate cases, of trafficking heroin, possession of heroin with intent to sell and possession of heroin . He was facing a three-year minim mandatory penalty and his sentencing guidelines called for in excess of a seven-year prison sentence.
The prosecution, after seeing my client had sever addiction issues, offered my client two years’ probation.
State v. S. Clarke Broward County case 18004845MM10A
Client was accused of battery. Upon a filing of a “stand your ground” motion, the prosecution conceded the issue and dropped the case.
Client was accused of battery. Upon a filing of a “stand your ground” motion, the prosecution conceded the issue and dropped the case.
State v. A Chin Broward Count case 18006115MM10A
Client was accused of disorderly conduct and culpable negligence. Upon the filing of a “stand your ground” motion, the prosecution conceded the issue and dropped the case.
Client was accused of disorderly conduct and culpable negligence. Upon the filing of a “stand your ground” motion, the prosecution conceded the issue and dropped the case.
State v. B. O’Shell Broward County Circuit Case 16012860CF10A
Client was accused of burglary of an occupied structure and grand theft.
Charges abandoned after I was able to convince the prosecution that the arrest was based upon racial prejudice and oppression.
State v. E. Blanc Broward County Circuit Case 18007597CF10A
Client was accused of carrying a concealed firearm. This took place because the client, with no priors, felt as undercover officers converged upon him for no reason. He grabbed his gun because he thought he was being targeted for a crime.
I used a “stand your ground” argument to convince the prosecution to not file any charges.
State. M. Vargas Miami-Dade County Circuit Case F17-19687 and F17-7556
Client was first accused of battery by strangulation and then, while out on bond, was again arrested for identity fraud and theft. Despite scoring out to over four years on his applicable sentencing guidelines.
I was able to negotiate a non-jail house arrest/probation resolution.
State. J. Munoz Miami-Dade County Court Case AA0CW3E
Client was accused of driving on a permanent DUI license revocation.
I was able to convince the prosecution to completely drop the case because the arresting officer did not have an independent recollection of the incident.
State v K. Abraham Broward County Circuit Cases 186774CF10A
Client was arrested for fraudulently trying to obtain a prescription medication while being armed with a firearm.
I was able to persuade the State to not file any charges based upon challenging the felonious intent of the conduct.
State v T Striggles Broward County Circuit cases 17012130CF10A, 17012446CF10A, 18000732CF10A
Client was accused of breaking into, and stealing from, in excess of 30 cars as well as dealing in stolen property with the proceeds from a home burglary.
Client was sentenced to 364 days jail and 5 years probation as a “youthful offender” despite objection from the prosecution.
His applicable sentencing guidelines called for significant prison time.
State v. G Francois Miami-Dade County Circuit case F17-13952
Client was accused of carrying a concealed firearm, possession of a firearm by a convicted felon and fleeing a police officer.
I was able to convince the prosecution to not file any firearm charges. The fleeing case went to jury trial.
The case was resolved to a simple traffic violation (running a red light) with no fine.
State v. X Hyland Miami-Dade County Circuit case F18-2086
Client, on probation, was charged with fleeing a police officer.
The prosecution dropped the case after the accuracy of the identification process was challenged.
The client was facing life.
State v. S. Castro Broward County Circuit case 17004659CF10A
Client was accused of felony possession of marijuana.
Case was reduced to a misdemeanor.
State v R. Francis Miami-Dade Circuit case F16-21398 A
Client was accused of Possession of Heroin, Cocaine, Fentanyl, and Marijuana, with Intent to Distribute, within a 1000 feet of a school, while armed with a firearm.
He was acquitted on all counts by a jury.
State v. C Rutherford Miami-Dade County Circuit case F18-3657
Client, owner of a convenience store, was accused of operating a house of gambling. The client made admissions that she did, in fact, permit gambling within the establishment.
A motion was filed challenging the admissibility of such admissions with the State conceding that the motion was well taken.
The case was dropped.
State v. A. Wilmore Miami-Dade Circuit case F17-20241
Client was accused of felony criminal mischief (vandalism creating over $5200.00 in damage) and battery.
The damages were negotiated down to $2500 where, upon paying the amount, the case was dropped.
State v. M. Thompson Miami-Dade County Circuit case F17- 8458
Client, categorized as a “career offender”, was accused of possession of a controlled substance.
The case was dropped after I was able to get another person to assume responsibility for the drugs.
U.S. v. K. Augustine U.S. District Court Southern District Case number 17 CR 20228 DPG
Client was accused of (1) Falsely Filling Out a Federal Form to Obtain a Firearm and (2) Accepting a Firearm while under Indictment.
Client was acquitted by a jury on both counts.
State v. K. Whitfield Broward Circuit court case 16013044CF10A
Client was accused of (1) Failure to Deliver a Rental Car and (2) Grand Theft
Client applied to pre-trial diversion but the Department of Corrections declared the client eligible because of his priors.
When I worked the case up for trial, because the prosecution was apprehensive about trying the case, they relaxed their previous strict rules and allowed the client into diversion.
Having a reputation as an effective trial lawyer forced the prosecution to bend their own rules
State v. K. Augustine Circuit Court St. Lucie County case 562015CF001541AXXXXX
Client was accused of fraudulent purchase of a controlled substance, possession of a controlled substance and use of identification for fraudulent purposes.
Client went through three separate St. Lucie County/Fort Pierce lawyers , all who recommended for him to plea bargain his case. However, client was adamant as to his innocence and wanted a jury trial. When he hired me, I immediately announced ready for trial yet now the prosecution wanted to delay the case. Upon having the case specially set for trial, the prosecution dropped the case minutes before we were to pick a jury.
Client was completely exonerated.
State v L. Muldrow Miami-Dade County circuit case F17-4363
Client was accused of “strong armed robbery”.
After all plea offers rejected (even conditionally dropping the case) and being adamant about trying the case before a jury , with the speedy trial period running, I was able to convince the prosecution that their complaining witness lacked credibility resulting in the complete dropping of the case.
State v J. Moore Miami-Dade County circuit case F16-1708 B
Client was accused of being an organizer for a narcotics selling ring operating out of a convenience store.
Initially accused of “maintaining a business for the purpose of drug trafficking”, the case was reduced to a simple “possession of a controlled substance” where he was not convicted and sentenced to only six months probation .
Two co-defendants received much higher sentences.
State v S. Nwaokoh Miami-Dade county case M16-21795
Client was accused of a violation of an injunction .
Initially arrested with no bond, I was able to get bond and then persuade the prosecution to drop the case when I exposed the extenuating and mitigating circumstances triggering this domestic violence conflict.
State v. J. B. Miami-Dade circuit case J17- 7885 A
Teenage client was accused of an armed robbery and subsequently being involved in a high speed chased. Part of the strong evidence against the client was a tape- recorded confession.
Client received “Boot camp”
In re J. Acosta Miami-Dade circuit cases J17-951, et al
Juvenile client had 6 serious felony cases where the prosecution was intent on taking him into the adult system.
When I was hired, I was able to convince the prosecution to keep all of the cases in the juvenile system, where the client could not be sentenced to any jail.
State v. Fils-Aime- Miami-Dade circuit case J16-19785
Client was accused of a very serious domestic violence case where sentencing guidelines called for mandatory prison time.
Client was accused of a very serious domestic violence case where sentencing guidelines called for mandatory prison time.
State v. D. James Broward circuit case 16-4885CF10A
Client was accused of battery, armed burglary and aggravated assault where the entire crime was captured on surveillance tape. The exposure was life with a 10 year minimum mandatory penalty. I was able to go over the assigned prosecutor’s head, lobbying to a supervisor, where I was able to attain a waiver of the 10 year minimum mandatory penalty and get the client 4 years.
Client was accused of shooting into an occupied dwelling (firing multiple gunshots into a car).
Case was dismissed based upon inability for the prosecution to rebut a filed “Stand your Ground” motion.
U.S. v. Storkey Smith U.S. District Ct, Southern District of Florida case 16 CR 6517
Client was accused of being instrumental in a major importation of over 30 kilograms of cocaine from Haiti.
Through negotiation efforts, client was treated as a first offender and being marginally involved allowing him to receive a “safety valve” categorization which did away with an applicable 10 and 5 year minimum mandatory penalty resulting in a sentence of 70 months. The resolution involved no cooperation.
State v Croxton Emmanuel Broward County case . 16010308MM10A
Client accused of battery in a domestic violence situation.
Case was dropped by the State in the middle of trial (accuser caught lying during cross-examination)
State v R. Seymour Miami-Dade County Circuit case F15-5749 D
Client, along with four other co-defendants, was accused of trafficking of cocaine.
• After getting the lead detective to testify at a deposition that my client was “merely present” and had no discernible role in the case, I was able to get the prosecution to completely drop the matter.
• There was no cooperation.
• This disposition was facilitated by a demand for speedy trial.
State of Florida/Department of Revenue v F. Alessi
Miami-Dade County State Attorneys Office Economic Crime Division case number 16-11
The client was the owner of a car dealership where $250,00 worth of sales tax was not paid resulting in a threat of criminal prosecution. The client’s partner absconded, presumably because he stole the sales tax money, yet leaving my client liable for those back taxes. Even though criminal liability was easily defensible, as a partner he, nonetheless, still had civil liability for the full amount.
I was able to negotiate a civil resolution at 11% of the tax liability.
State v. K Santiago Palm Beach County Circuit case 502016CF007268AXXXMB
Client was arrested for “burglary of a dwelling” and “grand theft”. An expensive bicycle was stolen out of a garage, left open throughout the evening, with the client being seen (and photographed) on that bicycle a short time later.
I was able to persuade the prosecution to not file the “burglary” charge and, after voluntary restitution was made, able to convince the prosecution that the requisite “guilty knowledge” was not easily provable resulting in the case being dropped.
State v. M.F. Miami-Dade County Circuit case F16-16994
Client was accused of “possession of heroin” which was found in his vehicle. However, the police arbitrarily searched that car while it was parked on the client’s private property.
I was able to convince the screening prosecutor that the police blatantly violated my client’s constitutional rights and had no legal justification for going into his car. The screening prosecutor concurred that his office would lose the case so he refused to file charges. The case was dismissed three weeks after the arrest with my client never even having to appear in court.
In re D.F. Florida Bar file 2015-50,047 (17B)
Florida Bar Complaint against attorney D.F.
An attorney issued a $92,400 trust fund check which bounced.
After making good on the check, I was able to convince the Florida Bar to not go forward on any discipline resulting in a Bar-initiated complaint getting withdrawn. No ramifications resulted from the mishap.
U.S. v. T. Lobelsky , U.S. District Court, Southern District of Florida case 15-60171 Zloch
The client worked in a security brokerage firm where there was an indictment for embezzling $350,000 from the employer (and more specifically two account holders within that brokerage firm).
I was able to persuade the United States Attorneys Office to not assess any aggravating factors against the client (for “more than minimal planning” and an “abuse of trust”). Initially, the client was sentenced to 366 days in prison but I was able to secure a significant delay in the client having to start the prison sentence, during that delay full l restitution was made and then the sentence was modified and reduced to a non-prison, supervisory disposition. The client plead guilty to embezzling $350, 000 and did not have to serve a day in jail.
U.S. v. K. Williams U.S. District Court, Southern District of Florida 16-20288 CR Moore
Client was accused of a drug conspiracy and being in possession of a firearm which triggered an additional 5 year minimum mandatory penalty that must be served consecutive to time served on the drug charge ( called a “924 (C) enhancement ).
I was able to persuade the United States Attorneys Office to abandon the firearm charge by convincing them it was an improper exercise of discretion to pursue my client so aggressively. The client not only was was spared an unnecessary 5 year exposure but also received a superior sentence since he was now in the position to get a mitigating “acceptance of responsibility” reduction.
State v. E. Ruffin Miami-Dade Circuit case F15-14096 A
Client, along with a co-defendant, were accused of second degree murder and three counts of attempted first degree murder.
The prosecution dropped the case as the jury trial was about to start. The case was abandoned because an aggressive defense strategy was worked up in such a way that the prosecution completely lost confidence in their ability to go forward. A demand for speedy trial was made which precluded the prosecution from doing what they wanted to do. While my client’s case was dropped, the co-defendant’s case was not and he was prosecuted.
State v. C. Nobles Miami-Dade County case F16-14258
Client was accused of selling cocaine by a cooperating witness.
When it was established that the cooperating witness was lying, the prosecution dropped the case.
State v. M. Hernandez Miami-Dade County case F15-12122A
Client and girlfriend were accused of running an illegal growhouse with a “trafficking” amount of marijuana thereby facing a 3 year minimum mandatory prison sentence.
I was able to convince the arresting police and the prosecution that the client was not in the business of selling marijuana and that the amount was simply for personal use. The case was settled where the prosecution reduced the charge and the client received probation and no conviction. His girlfriend’s case was completely dropped. There was no cooperation involved.
U.S. v. J Hilaire US District Court, Southern District of Florida case 15-20873 CR Seitz
Client was accused of a $35,000 fraud and, due to continuing drug use, had her bond revoked and was facing an enhanced penalty.
After a lengthy sentencing hearing, I was able to evoke sympathy from the court and prevented the client from doing any prison time…over the government’s objections.
State v. R. Flor Miami-Dade County case B16-13479
Client was initially under investigation of aggravated assault with a firearm.
I was able to convince the prosecution to file lesser, misdemeanor charges and then , when I caught the prosecutor making misrepresentations in court, the case was dismissed.
State v. K. Augustin Miami-Dade Circuit court case F14-25661
Client was accused of two counts of carrying a concealed firearm
He was acquitted by a jury on both counts
State v L Stein, Broward County Circuit case number 07022026CF10A
Client charged with trafficking of oxycodone, possession of alprazolam, possession of drug paraphernalia.
Acquitted by a jury on all counts.
State v. J. Gelin , Miami-Dade County circuit case F16-6600
Client was arrested for attempted first degree murder.
The prosecution was persuaded to not file charges after I pointed out self defense and significant credibility issues.
State v. L Montague Broward County Circuit case 14016377CF10A
Client was accused of “felony battery”.
Prosecution dropped the case because I was able to convince the prosecution that the client that was accused of “felony battery” was a mutual combatant and entitled to defend himself from the alleged victim’s aggression.
State v. J. Pitts Broward County Circuit case 14008553CF10A
Client was accused of living off of the proceeds of a prostitute (pimping).
The case was dropped because I was able to convince the prosecution that the sole accuser, a prostitute, was not worthy of credibility. An extensive investigation revealed that her account of the allegations was wholly inaccurate.
U.S. v S Murray U.S. District Court, Southern District of Florida case no 15 CR 20755 FAM
Client was indicted for massive drug (MDMA/Molly) and money laundering conspiracy.
The bottom of his sentencing guidelines was 138 months. At a sentencing hearing, the court granted a “variance” and sentenced him to 50 months based upon mitigating circumstances (there was no cooperation)
State v W. Morency Madison County circuit case 15000358CFAXMX
Client was an eighteen year old passenger in a car stopped by Florida Highway Patrol. Underneath his seat was a trafficking amount of Codeine, marijuana and the interior and trunk were filled with several documents relevant to identity fraud (drivers licenses, credit cards, social security numbers, money orders, etc.).
• This case took place in rural Northern Florida where it is routine for Federal authorities to have interests in taking over these types of cases (which would involve much more harsh penalties and minimum mandatory prison sentences) .
• Through discussions with the prosecution, local State authorities agreed to not transfer the case into the federal system, “trafficking” charges were not filed and a resolution to a withhold of adjudication and probation, as a “youthful offender” (giving the client an eligibility to seal his record upon successful completion of the sentence) was reached.
• This plea did not involve any cooperation against the co-defendant.
State v D. Harris Miami-Dade County case 0460XFE
Client accused of DUI (refusal ) and driving on a suspended license.
Acquitted by a jury after the jury only deliberated 15 minutes
State v S. Muldrow Miami-Dade county Circuit case F15-17210
Client was accused of “lewd and lascivious assault”.
The case was based upon the credibility of the accuser who, upon aggressive cross examination by defense counsel, recanted during the deposition process resulting in the prosecution dropping the case.
State v R. Harris Broward Circuit case 15013467 CF10A
Client was accused of “possession of cocaine”.
The appearance of the police’s initial stop of the client was that it was improperly based upon sexual orientation and homophobia as opposed to legitimate probable cause. The screening assistant state attorney agreed resulting in a successful lobbying effort to convince the prosecution to not file charges.
State v I. Pierre- Miami-Dade county Circuit case F15-20139
• The client was arrested for two counts of attempted second degree murder
• The client was in a shootout where the alleged victims were struck by bullets
• The sentencing exposure was two separate 25 year minimum mandatory penalties and there is supposed to be an ineligibility for any bond
• The client was released within a week of his arrest on a $25,000 bond and the prosecution was convinced that the arrest was unsubstantiated due to Florida’s “Stand your Ground” law
• The prosecution declined to prosecute after two months of negotiations
State v J. Birdsong- Broward County Circuit case 14005868CF10A
• Client was charged with Trafficking of oxycodone and facing a 3 year minimum mandatory penalty
•Arrest was made pursuant to a traffic stop where the drugs were found in the car
The minimum mandatory penalty waived and client was sentenced to “drug offender probation
State v F. Henriquez – Miami-Dade County Case: F11-19716-B
• Attempted murder of a law enforcement officer, armed robbery, armed burglary
• In a high profile case that triggered national attention, the client and another were accused of shooting and almost killing a vacationing New York detective.
• The client had a significant prior record including manslaughter, fleeing a police officer and possession of a firearm by a convicted felon..He was also out on bond on a separate armed robbery case.
The cases were plea bargained to 15 years due to the defense creating critical flaws in the prosecution’s theory of their case (the co-defendant received 25 years)
State v N. Hashmi – Miami-Dade County Case: F11-287678
8 million dollar Medicare fraud case
Resolved to 3 years probation (no cooperation, case addressed on it’s merits)
State v T. Millard – Miami-Dade County Case: A1M13GP
5th DUI involving an accident
Case reduced to a reckless driving
State v M. Dipaolo – Miami Dade County Case: F14-4860A
• Possession of cocaine
• Possession of marijuana
Case was withdrawn by the prosecution after defense discovered police conduct
State v M. Foster – Miami-Dade County Case: M12-28743
Domestic violence, battery case
Prosecution was persuaded to not file charges despite arrest by police
State v A. Alhindawi – Miami-Dade County Case: F13-21664B
Possession of heroin
Prosecution was persuaded to the drop case due to the lack of credibility of the police testimony brought out by the defense
State v Villbrum – Palm Beach County Case: 50-2014-CF-002229-AXX-MB
Felony criminal mischief
Prosecution agreed to drop case and stipulated to the merits of the defense’s position
Investigation of claimant J. Black – State of Florida Div of Fraud Case: 2012-624-48-8757
$25,000 unemployment compensation fraud criminal investigation
Was able to persuade investigators to not make an arrest and resolved civilly
State v T. Silva – Broward County Cases: 14003090CF10A
Writing a Threat to Kill
Client was arrested for three spate incidents, was initially accused of attempted murder, court made a finding of no probable cause for attempted murder, trial judge released client on a reasonable bond and ultimately, all three cases were dropped.
State v T. Silva – Broward County Cases: 14003047CF10A
Aggravated Assault w/Firearm
Client was arrested for three spate incidents, was initially accused of attempted murder, court made a finding of no probable cause for attempted murder, trial judge released client on a reasonable bond and ultimately, all three cases were dropped.
State v T. Silva – Broward County Cases: 14001729CF10A
• Battery
• Aggravated Assault w/Firearm
• Resist/Obstruct W/O Violence
• Aggrav Battery w/Deadly Weapon
• Felony Causing Bodily Harm
Client was arrested for three spate incidents, was initially accused of attempted murder, court made a finding of no probable cause for attempted murder, trial judge released client on a reasonable bond and ultimately, all three cases were dropped.
U.S. v C. Lattimore – U.S. District Court, Southern Dist of Florida Case: 12-20690-Cr-Moreno
Possession of a firearm by a three time convicted felon.
Acquitted
U.S. v K. Wright – U.S. District Court Southern District t Of Florida Case: 15-60107-CR-Cohn
Nine million dollar identity fraud case.
Court awarded a nine year downward departure /variance reducing the sentence from a guideline range of sixteen years (at the low end of the range) to seven
State v M Nebber – Miami-Dade County Case: F15-3773
Client initially arrested for battery on a law enforcement officer and resisting arrest without violence.
Was able to persuade the prosecution to not file the battery on a law enforcement officer charge and was able to enroll client is a pre-trial diversion program (conditionally dropping the case) despite an objection by the arresting officer.
U.S. v J. Lopez – U.S. District Court. Central District of California Case: SA-CR-1200085-16
Million dollar “corporate diversion” case
Client received probation by challenging aspects of the case on it’s merits (there was no cooperation)
State v T. Brantley – Broward County Case: 11003451CF10A
Possession of cocaine with intent to distribute
Acquitted after trial
State v J. Ditel – Broward County Case: 12001909MM10A
2nd DUI
Acquitted after trial
State v C. Jennings – Miami-Dade County Case: F10-27472-B
Trafficking of 10 kilograms of cocaine
Jury returned a lesser offense of “attempt” thereby eliminating a 15 year minimum mandatory penalty
State v C. Augustine – Broward County Case: 09009843CF10A
2 counts of aggravated assault with a firearm
Acquittal after trial
State v D. Gray – Miami-Dade County Case: F09-5787
Armed robbery, armed burglary armed kidnapping
Acquitted after trial
State v R. Martinez – Broward County Case: 12021200MM10A
Indecent exposure/ committing a lewd act
Acquitted after trial
State v A. de la Luna – Broward County Case: 13010113CF10A
Initially charged with “capital sexual battery” and “lewd and lascivious assault”
Case reduced to misdemeanor battery with 6 months of probation
State v P. O’Neill – Broward County Case: 12023888MM10A
Resisting arrest without violence/ disorderly conduct
Acquitted after trial
U.S. v B. Williams – U.S. District Court, Southern District of Florida Case: 15-60074 Dimitrouleas
Possession of cocaine with intent to distribute
Convinced court to not sentence client as a “career offender’ resulting in a 7 year downward departure/variance from the sentencing guidelines
State v J. Brelange – Miami-Dade County Case: F14-6846
Client initially charged with capital sexual battery and lewd and lascivious assault upon a minor
Case was reduced to a felony battery charge with a withhold of adjudication and probation