Criminal Defense Case Results
Many of our clients ask the same question – “What kinds of cases have you taken in the past and what was the outcome in those cases?” If you would like to view the case results in felony and misdemeanor cases listed below you should read the following disclaimer:
- The Florida Bar does not approve or routinely review case results posted by attorneys.
- The facts and circumstances of your case may differ from the facts and circumstances discussed here.
- Not all case results are listed here or provided.
- The case results discussed here are not necessarily representative of the results obtained in all cases.
- Each case is different and must be evaluated and handled on its own merit.
Click here to see our case results in DUI cases which are listed separately.
Recent Case Results
DUI Manslaughter Charge Dropped When Prosecutor Filed a “Nolle Prosequi”
On May 21, 2021, the Assistant State Attorney in Hernando County, FL, filed a “nolle prosequi” that terminated the prosecution for DUI manslaughter, the only charge pending against our client. The case involved a two-vehicle crash with a fatality that occurred in October of 2018. The charge was dropped the week before we scheduled a motion hearing to suppress the following evidence:
- our client’s medical records which were improperly obtained by the State Attorney’s Office;
- vials of medical blood seized from the hospital after the execution of a search warrant; and
- the FDLE blood test results showing a BAC over the legal limit.
Our motion alleged that the State Attorney’s Office improperly obtained our client’s medical records without any legal authority and prior to providing notice and the opportunity to object. After obtaining our client’s medical records but before disclosing that fact, the State Attorney’s Office did provide notice of intent to subpoena the medical records.
We entered a timely objection that triggered a Hunter hearing. On November 14, 2018, a hearing was held pursuant to Hunter v. State, 639 So.2d 74 (Fla. 5th DCA 1994) on the State’s Motion for Authorization to Execute the subpoena for the medical records. After hearing arguments from the Assistant State Attorney and the defense, the State’s motion was denied. Despite losing the Hunter hearing, the State Attorney’s Office later provided us with a copy of our client’s medical records in discovery.
Our motion also moved to suppress vials of medical blood seized with a search warrant that contained material misrepresentations and intentionally left out material facts. Our motion for a Franks hearing also alleged a failure to follow proper procedures for the chain of custody and storage of the blood. Instead of going forward with the motion hearing, the Assistant State Attorney entered a “nolle prosequi” right before the motion hearing was scheduled to begin.
Prosecutor Filed “Notice of Declining Case Action” in Battery Case
On August 3, 2020, the State Attorney’s Office in Sarasota County, Florida, filed a Nolle Prosequi which dropped the charge. The client was charged with Domestic Violence Battery. Prior to the SAO dropping charges, we presented mitigation showing problems with the way the arresting officer handled the investigation and credibility issues on the part of the complaining witness.
Prosecutor Files “Nolle Prosequi” for Felony Charges of Property in Return for a Worthless Check
on September 24, 2020, the State Attorney’s Office in Pasco County, FL, filed a “nolle prosequi” form which dropped the felony charge of “obtaining property in return for a worthless check” from 1997. Our client, who lived out of state, hired us after discovering an old felony warrant. After we were hired, we contact the prosecutor to request that the prosecutor drop the charges. The basis for the nolle prosequi was that “further investigation of this case by the State Attorney’s Office has revealed that further prosecution is not warranted.” Our client was not required to surrender on the warrant.
Aggravated Battery on a Pregnant Female Charges “No Filed” and Warrant Recalled
On August 19, 2020, the prosecutor in Tampa, FL, filed a “Notice of Case Statute – Letter of Release” which indicated “no-filed” as the filing. The reason listed was that the “victim has recanted the original facts given to law enforcement or has given statements that are inconsistent or not credible. There is no other admissible evidence to support the charge.” As a result, the arrest warrant was recalled and our client did NOT have to go into custody for the outstanding arrest warrant issued on July 27, 2020, for aggravated battery on a pregnant female or great bodily harm under Section 784.045(1)(b). Shortly after the incident, we were able to meet with the alleged victim who provided us with a “drop affidavit” requesting that the case not be prosecuted. We provided the drop affidavit to the prosecutor along with information from additional witnesses showing that our client was not guilty of the accusation.
False Imprisonment and Domestic Violence Battery Charges “No Filed”
On July 20, 2020, the Assistant State Attorney filed a “letter of release” to drop the charges for False Imprisonment and Domestic Violence Battery. As a result, the charges were “no-filed.” Prior to that decision, we were able to talk with the alleged victim and provide exculpatory evidence to the prosecutor showing that our client was not guilty of the incident that allegedly occurred on June 9, 2020, in Hillsborough County, FL.
Battery Case Dropped on Day of Jury Trial
On January 21, 2020, the State Attorney’s Office in Tampa was forced to drop a Domestic Violence Battery charge against our client in 19-CM-XXXX01 after the case was set for a Jury Trial. Prior to the day of trial the State was insistent that they would not drop the case despite the alleged victim not wanting to prosecute. At the Pretrial Conference, the State indicated it would attempt to prove the cases at trial based on our client’s statements regardless of whether the alleged victim cooperated or not. Had our client accepted the State’s offer, he would have been subject to the very expensive and inconvenient burden of Domestic Violence Intervention, a program that typically requires 26-29 weeks of Batterer Intervention classes. Because our client had confidence in our process, he was spared the inconvenience of DVIP and can now apply to expunge his record.
Battery Case Dropped on Day of Jury Trial
On January 21, 2020, in front of Judge Taylor in Division F., the State was forced to drop a Battery charge in 19-CM-XXXX45. In that case, the prosecutor insisted they would go to Jury Trial based on the officer’s observation of the wife throwing keys at her husband. It was only after the prosecutor saw that we were prepared for the jury trial that the State finally dropped the charges.
Double Battery Charges Dropped on Day of Jury Trial
On January 21, 2020, in Division F in Tampa, Florida, the State was forced to “nolle prosse” or drop, a Double Information charging our client with two Battery charges. We set the case for trial as we knew the alleged victim did not wish to prosecute and the second alleged victim did not live in the area. Despite the State’s threat to revoke all offers, we pressed on and were able to provide our client a clear record in 19-CM-XXXX55.
Unlicensed Contracting Case Dropped in Plant City
After a long battle with the State Attorneys Office and extensive mitigation in 19-CMXXXX05, we were successful in achieving a Nolle Prosse on January 9, 2020, ensuring our client’s record and reputation remained clear. We provided extensive documentation to show our client was indeed a licensed contractor in a county other than Hillsborough and had a stellar reputation in the area. Despite the fact that he was not licensed in Hillsborough, he had a license in a neighboring county. We sent numerous letters to the State and were rejected each time in our quest for a Nolle Prosse. Finally, after our fourth attempt, and four months later, we got the result we were hoping for. Rather than caving and accepting a diversion program, our client’s case was dropped outright on the merits.
Battery Case Dropped in Plant City
On January 9, 2020, in 19-CM-XXXX36, we were successful in obtaining a “Nolle Prosse” for our client in a Battery charge in Plant City, Florida in front of Judge Weis.
Charges for Violating a Domestic Violence Restraining Order Dropped
Charges for Carrying a Concealed Weapon at the Tampa International Airport Dropped
On August 29, 2019, the State Attorney’s Office filed a “notice of case status – letter of release” that indicated that “[a]fter completing our investigation, and applying the applicable case law, the State Attorney’s Office has elected not to file criminal charges at this time.” The client was originally arrested for the second-degree felony offense of “carrying a concealed weapon as a convicted felon” at the airport. The client’s family retained us just a few days and the arrest. We requested the surveillance video from the incident from the Hillsborough County Aviation Authority. We also provided extensive information to the State Attorney’s Office showing all of the reasons why our client didn’t know that a weapon was located in his carry on luggage. So that the State Attorney’s Office could complete a more thorough pre-file investigation, we filed a written waiver of speedy trial. Ultimately, the State decided not to file any charges after taking more than 10 weeks to make a filing decision.
Marijuana Charge Dropped in Hernando County, FL
On August 9, 2019, the State Attorney’s Office in Hernando County filed a “nolle prosequi” which dropped the charge of possession of cannabis – 20 grams or less. The nolle prosequi listed the reason as “case does not warrant prosecution.” By way of background, the client hired us after another attorney set the case for a plea deal involving adjudication of guilt, 12 months probation, a $500 fine plus court costs, 60 days in jail, and a mandatory driver’s license suspension. Part of the reason for the harsh plea deal was because the client had several prior marijuana convictions including a sentence of 364 days in jail for a felony charge of selling marijuana. After we took over the case, we canceled the plea and filed a motion to suppress based on a bad stop and illegal search. We also ordered the officer’s DAVID records to see if the inquiries matched the officer’s claims in the police report. We also scheduled a time to view and photograph the evidence in the evidence room in the jail. Shortly thereafter, the state attorney’s office filed the nolle prosequi which terminated the prosecution.
Not Guilty Verdict for Felony Battery in Polk County, FL
On July 18, 2019, Attorney Mandy Brunson and Attorney Matthew Menendez got a “NOT GUILTY” jury verdict in Polk County at the courthouse in Bartow, FL. The defense involved extensive impeachment of the State’s only witness in addition to Justifiable Use of Nondeadly Force and Stand Your Ground in a Felony Battery case.
On June 27, 2019, the State Attorney’s Office filed a notice of nolle prosequi which dropped all charges against our client. Our client was originally arrested on March 3, 3029, for a felony for burglary of an unoccupied structure and a misdemeanor for petit theft first degree. We were able to present information to the prosecutor showing the reasons why our client was innocent of the charges.
Our client was arrested for Felony Possession of Cannabis Sativa Resin in 18-CF-015XXX. We presented mitigation to the State Attorney’s Office and based on the mitigation, the State filed a Letter of Release and declined to file any charges on December 19, 2018.
Our client was arrested for Felony Possession of Cannabis in 18-CF-013XXX. We presented mitigation to the State Attorney’s Office including a valid medical marijuana card. Based on the mitigation and problems with the way the search was conducted, the State Attorney’s Office filed a Letter of Release and declined to file any formal charges on December 4, 2018. Because no formal charges were filed, our client never had to step foot into a courtroom.
Our client was arrested for Domestic Violence Battery by Strangulation in 18-CF-014XXX. The alleged victim also filed for an Injunction in 18-DR-014XXX. Our office engaged in depositions of the alleged victim and several other witnesses in the Injunction matter while the felony case was pending in intake at the State Attorney’s Office. In the depositions, we were able to identify inconsistencies in the testimony of the State’s witnesses. The Injunction was dismissed on October 16, 2018, in Division X in front of Judge Weis in Plant City. In addition, the deposition transcripts were provided to the State Attorney and on November 28, 2018, the State Attorney filed a Letter of Release and declined to file any formal charges in his felony case.
Felony Marijuana Charges No-Filed
August 28, 2018 – Our client was arrested for the following charges:
- possession of cannabis more than 20 grams, a third degree felony;
- possession of cannabis sativa resin, a third degree felony; and
- possession of drug paraphernalia, a first degree misdemeanor.
The case involved a problematic stop, detention and arrest by an officer with the Tampa Police Department. After the arrest, we immediately send a letter to the intake prosecutor at the State Attorney’s Office asking them not to file the case and explained the problems. Less than two weeks later, on August 28, 2018, the State Attorney’s Office filed a Notice of Case Status – Letter of Release that documented the case filing decision of “NO-FILED”. The notice stated: [a]fter completing our investigation, carefully reviewing the facts, and applying the applicable law the State Attorney’s Office has elected not to file criminal charges at this time.”
VOP Warrant Set Aside in Absentia, VOP Dismissed, and Probation Terminated in Tampa, Florida
On August 14, 2018, in 11-CF-011XXX, the Honorable Nick Nazaretian in Division K granted our firm’s Motion to Withdraw the VOP Warrant and Terminate Probation. Our client was placed on probation as a young adult in 2013 for Battery on a LEO and Resisting with Violence. While our client had substantially complied with the terms of probation, he left the country and a VOP warrant was issued. We were abel to present extensive mitigation and brought witnesses to show the court that our client had substantially complied and the reasons why he left the country. Without our client ever coming to court, we successfully had his probation terminated and the warrant withdrawn. He also kept his withhold of adjudication so that he avoided becoming a convicted felon while still having the opportunity to seal his record in the future.
VOP Warrant Avoided and VOP Dismissed in Polk County
August 13, 2018 – Our client received notice of a probation revocation hearing in Polk County. He was in full compliance with his probation, but some of his requirements were lost in translation. On August 13, 2018, we were able to provide all documentation to probation and convince the Probation Officer to withdraw her VOP affidavit thereby preventing a warrant and preventing our client from having to come to Florida in 2017-CM-009XXX in front of Judge Bennett.
HTO Reversed in Polk County
August 8, 2018 – Our client was habitualized as a traffic offender after paying a traffic ticket for DWLS without knowledge. Our firm filed a Motion to Vacate which was denied without allowing for a hearing. We filed a Motion to Reconsider and demanded a hearing. This was also denied. We did not rest. We chose to attack a criminal DWLS with knowledge wherein our client was not represented by counsel. Judge Grode granted our motion in 17-CT-007XXX and on August 8, 2018, the State Attorney in Winter Haven allowed our client to enter a plea to the reduced charge of NVDL so she would no longer be HTO.
HTO Reversed in Pasco County
Our client was informed he was habitualized as a traffic offender resulting in a loss of driving privileges for five years. This was done as the Pasco County clerk inadvertently added a DWLS to his record 14 years late. We filed a Motion to Vacate the conviction. Judge Vandercar in Dade City, Florida, granted the motion in 2004CT020XXX, and on August 2, 2018, over State’s objection our client was able to enter a plea to the reduced charge of NVDL thereby allowing him to get his Driver License reinstated.
Domestic Violence Battery Dropped in Tampa, Florida
August 2, 2018 – Our client’s DV Battery case was dropped on July 25, 2018, after we pushed the case to Jury Trial. Based on the State’s refusal to drop the case earlier and offer of probation, we elected to schedule a trial. On the date of Pretrial in front of the Honorable Margaret Taylor in Division E, the State dropped 18-CM-001XXX.
Warrant Withdrawn and Aggravated Battery Deadly Weapon/Battery Case No Filed in Hernando County
July 19, 2018 – Our client who lived out of state discovered a warrant in Hernando County. Our firm was retained and immediately got to work to withdraw the warrant. We filed a motion to withdraw the warrant, and addressed with the State Attorney’s Office why this charge should never be filed and if it was we intended to file a Stand Your Ground motion. The State, in 18-CF-001XXX, agreed to withdraw the warrant and entered a no file on July 19, 2018 on very serious charges. Our client avoided a trip to Florida and never set foot in a courtroom.
Sexual Violence Injunction Dismissed
July 19, 2018 – In a hard fought battle, our firm ultimately won an extensive hearing on a sexual violence injunction in front of Judge Perrone in Division G in Hillsborough County. In 18-DR-29XX, the opposing counsel continued to drag out this matter in hopes of our client agreeing to the injunction in some form within the divorce proceedings. We refused to settle, and the court had a full hearing with witnesses and evidence on July 19, 2018. We had extensive evidence to show that the allegations were not true based on a severely delayed reporting and failure to cooperate with law enforcement. The court dismissed the injunction finding there was no competent substantial evidence to award an injunction.
VOP Dismissed in Tampa, Florida
On July 19, 2018, a VOP hearing was held in 18-CM-002XXX in front of the Honorable Miriam Valkenburg in Division A in Tampa, Florida. We argued that this VOP should never have been entered as our client was being violated for failing to take a drug test he should have never been subject to. In the original Judgment & Sentence, the court had ordered drug screens after a 45 day period. Probation elected to have our client submit to a drug screen earlier than he was ordered to, and he missed the urine screen. Because of probation’s error, we were able to get this VOP dismissed.
Violation of Injunction Charge Dropped in Tampa, Florida
On July 11, 2018, in 18-CM-006XXX, the State dropped a violation of injunction charge after our firm showed the State Attorney’s Office extensive mitigation. This client was plagued with threats from his ex wife on a consistent basis and dragged through the courts in Tampa, Florida on various occasions. Based on our previous representation and ability to get a long standing injunction dismissed on the merits, we were able to provide the State Attorney with a clear look at this case to show that our client should have never been charged at all.
Felony Possession of THC Oil Charge No Filed in Pinellas County
July 10, 2018 – Our client held a valid medical marijuana card, and was arrested in Clearwater. He did not have his card on him, and the officer did not believe him despite him showing proof via his cell phone. Our firm wrote an extensive letter to the State Attorney’s Office providing proof of the medical card and case law showing why the State is obligated to No File the charges. The State no-filed 18-CF-006XXX on July 10, 2018, in front of Judge Andrews.
No Motor Vehicle Registration Charge Dropped in Tampa, Florida
In 18-CT-006XXX, our client’s charge of No Motor Vehicle Registration was Nolle Prossed on June 15, 2018, after our firm filed a Motion to Dismiss arguing that a motorized bicycle does not require vehicle registration under Florida Statute 322.01 (27). This case was set in front of the Honorable Miriam Valkenburg in Division A in Tampa, Florida.
Organized Fraud Charges Entered into Diversion in Hillsborough County
On May 23, 2018, in case 2018-CF-002XXX, our client was able to enter diversion in front of the Honorable Vivian Corvo with the opportunity to have his case completely dismissed. We were able to negotiate that the only term would be to pay back restitution so that one mistake would not jeopardize his future. Upon completion of diversion in Hillsborough County (also known as Pretrial Intervention or PTI), the charges will be dismissed and he will have the opportunity to expunge his record.
VOP Warrant Set Aside, VOP Dismissed, and New Law Offense (DWLS) Dropped in Tampa
On May 22, 2018, in case 2017-CT-017XXX, the Honorable Scott Farr in Division C granted our motion to set aside a warrant and dismissed our client’s VOP. Our client had a warrant for an inadvertent mistake she made while on DUI probation. She thought the administrative suspension she received as a result of having a breath alcohol result above .08 was one and the same as the criminal Driver License suspension she received as a part of her DUI plea. Because of this, she drove on a license she thought was valid and received a VOP and a warrant. Our client was extremely worried about going to jail on the warrant as she has a career and is in school. Our office filed a Motion to set aside the VOP warrant, and Judge Farr set aside the warrant based on our client’s inadvertent mistake and also dismissed the VOP because her violation was not willful. In addition, because our client secured a valid hardship license, the State also agreed to Nolle Prosse (drop) her new Driving on a Suspended License charge when we provided proof of same on May 31, 2018.
Unlawful Acts in Capacity of a Contractor and Practicing Electric Contracting Without Being Licensed Dropped in Tampa, Florida
On May 10, 2018, in case number 17-CM-013XXX, all charges were Nolle Prossed (dropped) in front of the Honorable Scott Farr in Division C, in Hillsborough County. When our client retained, he was facing jail time. In addition, he was at risk of violating probation in another matter. We were able to present enough mitigation to the prosecutor to show he was completely innocent. After many months of presenting evidence to show he was not guilty of acting as a contractor without a license, the State ultimately dropped charges.
Aggravated Assault with a Deadly Weapon Charge No Filed in Tampa
On May 2, 2018, the State Attorney’s Office in Hillsborough County elected to not file any charges against our client after we presented information to them to show that our client was actually the victim in this case and should never be prosecuted. This was a situation where our client was not arrested. However, an investigation was conducted and the State Attorney’s Office had the file in their Intake division. We wrote a very compelling letter to the Intake Department and spoke with the State at length prior to their intake appointment with the “victim” and attached CAD calls, photos, and additional evidence to show that the real victim was our client. No case number was ever created as we caught this case so early on and prevented our client from ever being arrested and having a mugshot out there, and never having to step foot in a courtroom.
Marijuana Charges Dropped in Tampa, FL
On January 4, 2018, in case number 17-CM-013XXX, pending before the Honorable Judge Miriam Valkenburg in Division A in Hillsborough County, the prosecution dropped charges of Possession of Cannabis less than 20 Grams and Possession of Drug Paraphernalia.
Battery Charges Dropped in Clearwater, FL
On January 4, 2018, the State Attorney’s Office in Clearwater, FL, dropped the battery charge pending against our client. The charge was dropped when the prosecutor filed a written “Nolle Prosequi”. The charge was dropped after we filed a “Motion to Dismiss Based on Statutory Immunity Pursuant to Section 776.032 (“Stand Your Ground”)”. The battery charge was pending in Pinellas County, FL, before the Honorable Judge Holly Grissinger.
Battery Case Dropped in Tampa, FL
On December 15, 2017, in case number 17-CM-007XXX, pending before the Honorable Judge Vogel in Division F in Hillsborough County, the prosecution entered a written “Nolle Prosse” (dropped the charge) of “Battery”. The alleged victim had insisted she did not want the State to prosecute this case. The State refused, however, to drop the charges and instead offered 60 days Hillsborough County Jail. At the Pretrial Conference, the State amended the offer to an adjudication and court costs and we left the case set for Jury Trial. The State Attorney’s Office at that time revoked all offers. Two days later, the State Attorney filed a written “Nolle Prosse” dropping all charges on the Friday before the Jury Trial was set. We fought aggressively to have our client cleared of all charges despite threats from the State and ultimately we won when we showed the State we are not afraid to go to trial.
Felony False Imprisonment and DV Battery Charges Dropped in Tampa
On December 5, 2017, in case number 17-CF-011XXX, pending before the Honorable Judge Vivian T. Corvo in Felony Division G in Hillsborough County, the prosecutor dropped charges of False Imprisonment and Domestic Violence Battery.
Marijuana charges dropped in Tampa
On November 6, 2017, in case number 17-CM-012XXX, pending before the Honorable Judge Lawrence Lefler in Division D in Hillsborough County, the prosecution dropped charges of Possession of Cannabis less than 20 Grams and Possession of Drug Paraphernalia.
Resisting without Violence and Trespassing Charges dropped in Tampa
On November 3, 2017, in case number 17-CM-008XXX, pending before the Honorable Judge Eric Myers in Division B in Hillsborough County, the prosecution entered a “Nolle Prosse” (dropped the charges) of “Resisting without Violence” and “Trespassing”. Because our client had no prior record, the State Attorney’s Office offered MIP and refused to drop the case for several months. While MIP can be a positive result for an individual who is willing to state they did something wrong, we believed our client was completely innocent and were not willing to settle for anything less than a Nolle Prosse. We sought leave of court to take depositions to show that our client not only did nothing wrong, but was physically assaulted by law enforcement. We also presented several defense witnesses to the State Attorney’s Office to show that our client was telling the truth about the circumstances of the case. After fighting for months, the State Attorney finally dropped all charges.
Petitions for Injunctions for Protection Against Stalking Dismissed After Evidentiary Hearing with Two Respondents
On October 26, 2017, in 17-DR-015XXX and 17-DR-015XXX, an injunction hearing was heard before the Honorable Judge Frances Perrone in Hillsborough County. After taking an extensive deposition of the Petitioner, we were able to get the evidence we needed to defeat an injunction against one client in a Motion for Directed Verdict. As to the second client, Judge Perrone dismissed the Injunction against him after hearing testimony from the Respondent that showed there was not competent substantial evidence of stalking.
Prosecutor Filed a Letter of Release after Our Client was Arrested for Aggravated Battery
Our client was arrested for aggravated battery with a deadly weapon on July 10, 2017. The offense of Aggravated Battery with a Deadly Weapon under Florida Statute 784.0451A2 is a second-degree felony punishable by up to 15 years in Florida State Prison. During the first 21 days after the arrest, we were able to present evidence showing that our client acted in self-defense. We were also able to show how past difficulties between the parties showed that our client was not guilty of the offense. On September 6, 2017, the State Attorney’s Office agreed and filed a “letter of release” which showed the case filing decision was “no-filed.”
Older Case Results:
Charged for Assault on a Licensed Officer Dropped in Tampa
On February 9, 2017, in case number 16-CM-013XXX, pending before the Honorable Judge Miriam Valkenburg in Division A in Hillsborough County, the prosecution entered a “Nolle Prosse” (dropped the charges) of “Assault on a Licensed Officer.” We were able to achieve this resolution after presenting several defense witnesses to the State. Those witnesses explained all of the reasons that our client was actually innocent.
Exposure of Sexual Organ in Hillsborough County
On February 9, 2017, in case number 16-CM-013XXX, in a different case pending before the Honorable Judge Valkenburg in Division A in Hillsborough County, we were able to keep our client out of custody by having the warrant withdraw and we ultimately convinced the prosecutor to enter “Nolle Prosse” (dropping the charges).
Battery Charges Dropped Completely in Pinellas County
On January 12, 2017, in case number 16-09XXX-MM with the Honorable Judge Dorothy Vaccaro, Division E, in Pinellas County, we prepared the case for trial and showed the prosecutor with the State Attorney’s Office favorable evidence that suggested that our client was actually innocent of the battery charges. The prosecutor decided to drop the charges completely before trial.
Motion to Dismiss Granted
On January 9, 2017, in case number 16-CM0003XX, in Division B with the Honorable Judge Eric R. Myers in Tampa, we filed a Motion to Dismiss based on the undisputed facts in the case showing that the law enforcement officer attributed the possession of marijuana to someone else but still arrested our client under a constructive and joint theory of possession. Because the evidence in the case didn’t show that our client was in actual or constructive possession, the prosecutor for the State Attorney’s Office decided to stand silent on the motion. The court granted the motion dismissing the only criminal charge against our client.
Petition for Injunction for Protection Against Our Client Dismissed
On January 8, 2016, in case number 16-DR-017XXX before the Honorable Judge Frances Perrone in Hillsborough County, we helped our client get an injunction for protection against another person. We also helped our client get the injunction filed by the other person dismissed.
Filing Motion to Suppress Drug Charges Results in Charges Being Dropped
On January 6, 2017, in case number 512016MM005XXXA000WS and 512016MM005XXXA000WS before the Honorable Judge Joseph Poblick in County Court at the New Port Richey Courthouse in Pasco County, the prosecutor dropped the charge of Possession of Marijuana Less than an Ounce and Possession of Drug Paraphernalia right before a hearing was scheduled on a motion to suppress evidence based on an illegal search. As a result, all charges against our client were dropped.
Case Dismissed after a Traffic Crash
On January 5, 2017, in case number 16-TR-100XXX in Division N before the Honorable Judge Daryl Manning, our client was charged with a civil citation that involved a traffic crash. The case was dismissed.
Stand Your Ground Immunity Motion Granted after Hearing
On December 9, 2016, in case number 16-CM-008XXX in Division X with Judge Weis, we filed a Motion to Dismiss based on Stand Your Ground Immunity in a domestic violence case. The Court heard testimony from several witnesses and then decided to grant the motion which dismissed the criminal charge pending against our client.
Our Client was Granted Protection from Stalking and Avoiding an Injunction in a Cross-Complaint
On December 8, 2016, in case number 16-DR-0171XX with Judge Frances Perrone in Hillsborough County, we helped our client obtain a stalking injunction. During the same hearing, the Court dismissed an cross-injunction that had been filed against our client.
Felony DWLSR Reduced to No Valid Driver’s License
On September 7, 2016, in Division A, before the Honorable Lisa D. Campbell, judge of the Criminal Court of Hillsborough County, Florida, our client’s Felony DWLSR charge under F.S. 322.34 (2)(c) was reduced to a second-degree misdemeanor for no valid driver’s license. The Our client was originally charged with Felony Driving While License Canceled, Suspended or Revoked (Third Offense). Getting the charges reduced was necessary so that the client would not receive a Five Year HTO Revocation from the Florida DHSMV. The client received a time served disposition with no probation. He left the courtroom and paid $270 in total fees in the case.
Marijuana Charge Dropped Before Trial
On July 1, 2016, in case number 16-CM-005XXX, we filed a motion to dismissed a marijuana possession charge based on insufficient evidence of constructive possession. Before the hearing, the state decided to drop the charges instead of going forward on the motion pending before the Honorable Judge Margaret Taylor in Hillsborough County, Tampa, FL.
Marijuana Charges Dropped in Tampa Courthouse
On June 15, 2016, in case number 16-CM-00513, the state dropped all charges for Possession of Cannabis and Possession of Paraphernalia in a case pending before Judge Scott Farr, Hillsborough County, Tampa after we filed a Motion to Dismiss based on a lack of evidence to prove constructive possession.
No Arrest or Filed Charges for Lewd & Lascivious Molestation
On June 6, 2016, we were hired to assist a client with a Pre-File Sexual Abuse investigation. In this case, the Hillsborough County Sheriff’s Office was investigating an allegation of Lewd & Lascivious Molestation. A Detective requested that our client submit to a polygraph examination. In the interim, our firm hired an expert polygraph examiner to conduct our own exam. The results exonerated our client and were submitted to the Detective investigating the case. The information we presented to the Detective, along with the polygraph evidence, resulted in the “No-File” which means that the State Attorney’s Office never filed any formal charges at the recommendation of the Detective). As a result, we were able to prevent our client from ever being arrested because of this false allegation.
All Charges Dismissed in Drug Cases
Drug Trafficking Charges with a 25 Year Min/Man Dismissed
Winning a contested motion to suppress hearing in which two detectives testified saved our client a 25 year minimum mandatory prison sentence in 2009-CF-011782 before Judge Denise A. Pomponio. After the hearing, the court dismissed all charges including a first-degree felony charge of DRUG TRAFFICKING and a felony charge of resisting a law enforcement officer with violence in Tampa, Florida.
Motions Filed in Drug Case
Our client was charged with possession of cannabis less than 20 grams under Florida Statute 893.13 (11-CM-019953). We filed a motion to suppress which alleged that the officer did not have an adequate basis to approached the parked vehicle and detain the occupants and conduct a search of the vehicle. On the day of the scheduled motion hearing before the Honorable Eric R. Myers, Court Court Judge in Hillsborough County, the State announced a “nol pross” instead of going forward with the suppression hearing.
Motions Filed in Marijuana Case
In another case scheduled for a suppression hearing before the Honorable Eric R. Myers (11-CM-021538), our client was charged with possession of marijuana and drug paraphernalia. We filed a motion to suppress alleging that the stop was unlawful because our client’s tag was not obscured and no other legal basis existed for the stop. Instead of going forward with the hearing, the prosecutor with the State Attorney’s Office announced a “nol pross.”
Charges Dropped in Polk County Drug Case
In MM11-206BA, our client was charged with possession of marijuana and possession of drug paraphernalia after an arrest by Deputy Dina Rodriguez and Deputy Paul Wright in Polk County, FL. The officers alleged smelling marijuana during the traffic stop and used a canine (K9) drug dog to sniff for narcotics detection. Because of prior allegation of marijuana charges the offer was an adjudication (which comes with a two year driver’s license revocation and is considered a “drug conviction” with implications for Federal Financial Aid and public housing). Additionally, because the case was in Polk County the prosecutor wanted 90 days in jail for this first degree misdemeanor charge. We developed a defense centered around the fact that our client did not know that the drugs were in the vehicle and the alleged admissions were coerced. On the day of jury selection for the possession of marijuana case in front of Judge Barry Bennett in Polk County the prosecutor dropped all charges (terminated and dismissed) by announcing a “nolle prosse” in open court.
Charges Dropped in Possession of Controlled Substance Case
All charges for felony possession of cocaine, possession of cannabis less than 20 grams, and possession of drug paraphernalia in case number 05-CF-023561 were dismissed by a Circuit Court Judge after the court granted our motion to suppress. The case involved law enforcement officers in Hillsborough County who entered our client’s home to execute an arrest warrant. Although the officers alleged that they had consent to enter, we were able to show problems with that testimony during depositions. We then filed a motion to suppress the evidence based on the unlawful entry. At the scheduled motion hearing the prosecutor stood silent and did not oppose the motion. Our client was able to walk out of the courtroom after all charges were dismissed.
Charges Dismissed in Cultivation of Marijuana Case
All charges were dismissed after we won a motion to suppress hearing before a Circuit Court Judge in Tampa, Hillsborough County, FL. Our client was formally charged with manufacture of cannabis, possession of cannabis (less than 20 grams), possession of a controlled substance (Soma), and possession of drug paraphernalia. The issue in the case was whether the marijuana task force violated our client’s rights during a “knock and talk” investigation at his home. The officer’s alleged that they had permission to enter the home, observed marijuana in plain view, and then conducted a search finding a grow house operation. We moved to suppress the 16 marijuana plants, Soma (a prescription medication and controlled substance), drug paraphernalia, light system, ballasts, and other marijuana hydroponic grow house equipment. After the court suppressed the evidence, the court then granted our motion to dismiss all charges.
Motions Filed in Marijuana Case
Filing a motion to suppress, motion to dismiss, and notice of expiration of speedy trial resulted in State dropping all charges on the day of jury selection for Possession of Marijuana (originally arrested for felony intent to sell) and Possession of Drug Paraphernalia in case 2009-MM-017082 before Judge Lawrence M. Lefler, Tampa.
Motion to Suppress Hearing in a Marijuana Case
Winning a motion to suppress hearing in a possession of marijuana and drug paraphernalia case (originally arrested for felony cultivation of cannabis) resulted in dismissal of all charges before Judge John N. Conrad, in Tampa. In this case law enforcement officers in Hillsborough County, Florida, receive a tip about the cultivation of marijuana and went to the property without a warrant. We argued in the motion that the officers did not have free and voluntary consent to go onto our client’s property or into the house. We alleged that the officers used coercive and illegal tactics to gain “consent.”
Sale of Marijuana More than 20 Grams within 1,000 Feet
Prosecutor with the State Attorney’s Office for Pasco County in the Sixth Judicial Circuit of Florida filed a “No Information” which dropped all charges against our client including sale of marijuana more than 20 grams within 1000 feet of a convenience store, and possession of marijuana more than 20 grams within 1000 feet of a convenience store. In order to assist the prosecutor in making a filing decision, we provided information showing that our client had been set up by a confidential informant who used questionable tactics to coerce our client into assisting him with delivering marijuana to an undercover police officer during a sting operation. We alleged that the confidential information coerced our clients into assisting him which resulted in both an entrapment and a necessity defense. The State Attorney’s Office filed a “No Information” which stated the prosecutor’s conclusion that “the facts and circumstances revealed do not warrant prosecution at this time.”
Additional Disclaimer on Case Results
Our recent case results listed on this internet website do not necessarily represent the results obtained in all cases because not all results are listed. As you can see below, the results in these cases depended on the particular facts and issues presented in those cases.
The facts and circumstances of your case may be very different. Therefore, the results we have obtained in the past are not necessarily an indication of the results that we will obtain in the future for any particular client. No attorney can promise you any particular result in your drug case. These case results are provided to give you general information about the types of defenses that we have asserted in cases in the past.
This article was last updated on Friday, October 18, 2019.