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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, please read the following disclaimer:
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- 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 do not necessarily represent the results obtained in all cases.
- Each case is different and must be evaluated and handled on its own merit.
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.
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.
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.
DV Injunction Dismissed in Tampa
September 18, 2018 – In 18-DR-014XXX, our client was falsely accused of egregious untruths in a Petition for Injunction Based on Domestic Violence. On September 18, 2018, in Division H in front of Judge Smith, our initial inclination was to continue the case to take the deposition of the Petitioner. However, we made an Ore Tenus Motion to Dismiss based on the fact that the Petition was devoid of any allegations of Domestic Violence. At best, there was one allegation that could just barely meet a single incident required for Domestic Violence. However, the remaining allegations were from 20+ years prior. Judge Smith granted our oral motion to dismiss finding there was not competent and substantial evidence.
No File in Domestic Violence Battery by Strangulation and Domestic Violence Injunction Dismissed in Tampa, Florida
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.
On June 27, 2019, the State Attorney’s Office in Tampa, FL, filed a “Notice of Termination of Prosecution” with the clerk of the court which provided: “Having reviewed the charge(s) contained in the Criminal Report Affidavit and/or Notice to Appear, the State Attorney’s Office informs you that the charge(s) contained therein is/are dismissed and prosecution is terminated as of this date and that the defendant need not appear for any further proceedings in this matter. This notice is also authority to inform the Hillsborough County Sheriff’s Office to release the bond, if bond has been posted.” In this case, we presented information to the State Attorney’s Office showing why the charge for domestic violence battery should be dismissed immediately.
On October 14, 2019, the day the jury trial was scheduled to begin, the prosecutor decided to drop or “nol pross” the charge of violating a domestic violence restraining order, a first-degree misdemeanor. That was the only charge pending against our client. The incident occurred on February 11, 2019, when our client was accused of violating a temporary domestic violence injunction against the mother of his children. The police alleged that while the alleged victim was walking her son to school on the sidewalk, the defendant pulled his vehicle over, exited the vehicle, and confronted the victim verbally against her will which upset her. The domestic injunction was in effect at the time and prohibited the defendant from having any contact with the victim unless they were exchanging the child. The security cameras from a nearby gas station captured the entire incident. We also represented the client for the final hearing on the request for a domestic violence injunction, and we were able to get that injunction dismissed as well.
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.
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.
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.
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.
Our client who was the real victim in a domestic incident with her husband was arrested and taken to jail on a Battery case in 21-CM-XXXX99. Fortunately, justice was served as we were able to achieve a quick Notice of Termination of Prosecution from the State on July 23, 2021, in front of Judge Taylor. This pending case would have had huge ramifications in her divorce and custody case with her children.
