Tampa Criminal Lawyer Resolves Domestic Battery ChargesCategory: Recent Wins CASE #06-CM-018218; 06-CM-017499; Judge Nick Nazaretian; FACTS: The defendant was charged with committing two batteries in a span of nine (9) days. The victim was a serious alcoholic who had been to alcohol detox shortly before the defendant was arrested. She had numerous bruises all over her body. DEFENSE: The victim's alcoholism brought on a blood disease (ecchymoses) that caused her blood to leak into her skin whenever she fell down or bumped into an object. The victim's injuries were the result of injuries she received while intoxicated, not by the defendant. RESULT: After depositions with the victim the State agreed to drop one battery charge in exchange for a plea of No Contest to the other charge. The State agreed to withhold the adjudication and the defendant was not convicted. Win for Tampa Criminal Lawyer at Domestic Violence Injunction HearingCategory: Recent Wins CASE #06-DR-012520; Judge Raul Palamino; Date: August 1, 2006 FACTS: We represented the Respondent. It was alleged by the Petitioner that the Respondent had choked her and her 21 year old daughter at separate times. In addition, she alleged that our client exposed himself to his 5 and 6 year old children at the pool. DEFENSE: None of the allegations contained in the petition contained any information that was relevant to domestic violence against the petitioner. All the allegations made by the petitioner were either too remote in time to be relevant, or lacked sufficient support through the evidence. RESULT: The petitioner's injunction was dismissed and our client prevailed. Tampa Criminal Lawyer gets DUI DismissedCategory: Recent Wins CASE #002-712-XAM; Judge Tom Barber; Date: July 28, 2006 FACTS: The defendant was alleged to have pulled in front of the police officer almost striking a curb. Shortly after pulling into traffic he approached a traffic light where he straddled the double line. The officer followed the defendant who came close to striking a second curb. As the defendant approached the next light he was alleged to have almost struck the vehicle in front of him, and then cut off another vehicle short distance later. The officer stopped the defendant, conducted Field Sobriety Tests and arrested the defendant for Driving Under the Influence. Shortly after arriving at the Orient Road Jail the defendant submitted to a breathalyzer test and blew .143 and .156. DEFENSE: Shortly after being retained the defendant made us aware of the passenger in his vehicle, and that the path of travel described by the officer was incorrect. Further investigation at the crime scene led us to file a Motion to Suppress the Stop of the Defendant's vehicle. Testimony from the officer elicited during the motion to suppress hearing was inconsistent with the configuration of the area of the arrest and the passenger's testimony. RESULT: The Court Granted the Motion to Suppress and the DUI charge was dismissed. Tampa Criminal Lawyer gets Drug Possession Charges DroppedCategory: Recent Wins CASE #06-CM-011327; Judge Margaret Courtney; Date: July 27, 2006 FACTS: Police conducted a traffic stop on the defendant and arrested him for Driving While License Suspended. The defendant's vehicle was searched incident to arrest, and a bag of marijuana was found on the passenger seat of the vehicle. DEFENSE: After investigation it was determined that the defendant's license was not in fact suspended at the time of the stop. In addition, the State was unable to produce any evidence of the marijuana due to the way it was collected by the police officer. RESULT: All the defendant's charges were dropped. Child Abuse Win by Tampa Criminal LawyerCategory: Recent Wins CASE#05-CF-021483; Judge Chet Tharpe; Date: July 26, 2006 FACTS: The defendant was accused of chasing his 9 year old step-son and striking him with a set of keys in the head. According to the State the laceration caused severe bleeding, and the defendant was charged with Felony Child Abuse. DEFENSE: We contended that the blow to the boy was not intentional. After discovery depositions and investigation it became clear thatthe mother of the children was not credible in that she made the allegation over a week after the incident, and only in an attempt to have the defendant removed from his own property. RESULT: The child abuse charge was dropped. Plant City DUI Win by Tampa DUI LawyerCategory: Recent Wins CASE #001-132-XCA; 001-477-EOL; Judge Christine Vogel; Date July 26, 2006 FACTS: The defendant was pulled over and charged with Racing on Public Highways. Shortly after the stop the police officer smelled an odor of alcohol on the defendant and noticed he was slow to react. The defendant was asked to perform field sobriety tests and performed poorly. The officer did not video the defendant at the scene. The defendant admitted to drinking 4 martinis. DEFENSE: It was unclear from the police reports whether the stop of the defendant was proper. The illegality of the stop led to negotiations with the State on both charges. RESULT: The DUI charge was dropped and the State dismissed the Racing on Highways charge. Tampa Criminal Lawyer gets Domestic Violence WinCategory: Recent Wins CASE #06-CM-006304; Judge Nick Nazaritian; Date: July 26, 2006 FACTS: The defendant was alleged to have punched his wife to the ground several times after becoming very intoxicated. DEFENSE: The defendant never touched the victim which was evident through the physical evidence (pictures) recovered by the law enforcement officer. RESULT: The State dropped the charge. Violation of Probation Win for Tampa Criminal LawyerCategory: Recent Wins CASE #04-CF-016677; Judge Daniel Perrry; July 25, 2006 FACTS: The client was alleged to have violated her probation by testing positive in a urine screen after she got on probation. The client had a child at home for which she was the sole provider. DEFENSE: The defendant had made serious efforts to complete the conditions of her probation (community service hours and drug treatment. RESULT: The defendant was continued on probation without jail. Tampa Criminal Lawyer DUI WinCategory: Recent Wins CASE #404-049-W; Judge James Dominguez; Date: July 10, 2006 FACTS: The defendant was confronted by police who claimed he had a distinct odor of alcohol and slurred speech. The officer asked the defendant not to drive. A short time later the defendant drove his vehicle and was stopped for failing to use a turn signal. According to the officer the defendant was slow to react, and refused any testing. DEFENSE: A pretrial motion to suppress the stop was filed asking the court to suppress any and all evidence that emanated from the stop. This motion led to pretrial negotiations with the State. RESULT: The DUI charge was dropped. Tampa Criminal Lawyer Prevents Habitualization of Client's LicenseCategory: Recent Wins CITATION #000-768-ELS; #007-310-ELQ; 000-769-ELS; 000-770-ELS; Judge Margaret Courtney; Date: July 13, 2006 FACTS: The defendant was arrested for two separate Driving While License Suspendeds, failure to display PIP insurance, and expired tag. DEFENSE: The defendant was able to obtain a valid license which led to negotiations with the State Attorney about reducing the client's charges. RESULT: The State agreed to modify the defendant's Driving While License Suspended charges to No Valid Driver's License, and drop the remaining failure to display PIP insurance and the expired tag violation. Tampa DUI WinCategory: Recent Wins CASE #404-049-W; Judge James Dominguez; Date: July 10, 2006 FACTS: The defendant was confronted by police who claimed he had a distinct odor of alcohol and slurred speech. The officer asked the defendant not to drive. A short time later the defendant drove his vehicle and was stopped for failing to use a turn signal. According to the officer the defendant was slow to react, and refused any testing. These factors led to the defendant's arrest for DUI. DEFENSE: A pretrial motion to suppress the stop was filed asking the court to suppress any and all evidence that emanated from the stop. This motion led to pretrial negotiations with the with the Hillsborough County State Attorney's Office. RESULT: The DUI charge was dropped. Tampa Careless Driving WinCategory: Recent Wins CITATION #000-448-ELS; Judge Robert Foster; Date: June 28, 2006 DEFENSE: The opposing driving tailgated the defendant, and refused to avoid her when he had every opportunity to do so. Inevitably the opposing driver was unable to provide the court with evidence to substantiate the charge. RESULT: The careless driving charge was dismissed. Single photo in Lineup not Unnecessarily SuggestiveCategory: Legal Updates The 3rd DCA ruled that while using a single photo to identify a defendant was unnecessarily suggestive it did not warrant suppression of the defendant's identification. Gillis v. State , 31 F.L.W. D1520 (3d DCA 5/31/2006). Both witnesses to the murder of the victim were familiar with the defendant. This fact along with other factors...i.e. ((1) the oppurtunity of the witness to view the suspect at the time of the crime, (2) the witnesses degree of attention, (3) the accuracy of the witnesses prior description of the suspect, (4) the level of certainty demonstrated by the witness at the time of the confrontation, (5) and the legth of time between the crime and the confrontation, caused the 3rd DCA to agree with the trial judge's decision to deny the defendant's motion to suprress. These factors were set out the in the United States Supreme Court decision of Neil v. Biggers. Neil v. Biggers,409 U.S. 188, 199-200 (1972). It seems the single photo ID many times will be suppressed, unless circumstances similar to this case are present. Tampa DUI WinCategory: Recent Wins CASE #000-026-XCA; Judge James Dominguez; Date: June 6, 2006 DEFENSE: The defendant's performance on the field sobriety tests created a contradiction in the evidence. RESULT: The DUI charge was dropped. Tampa DUI WinCategory: Recent Wins CASE #001-263-XAM; Judge Margaret Courtney; Date: June 6, 2006 FACTS: The defendant was stopped by law enforcement without a headlight. His vehicle was stopped and the officer his speech to be slurred and his eyes were bloodshot and glassy. The defendant performed field sobriety tests and was arrested for DUI. The breath result was .095 and .095. DEFENSE: The officer did not properly assess the defendant's performance on his field sobriety tests. RESULT: The DUI charge was dropped. Tampa Court WinCategory: Recent Wins ATTEMPTED MURDER ON A LAW ENFORCEMENT OFFICER CASE #04-CF-024505; Judge Manual Lopez; Date: April 10, 2006 FACTS: The defendant was initially charged with Attempted Murder on a Law enforcement officer, Battery on a law enforcement officer, and two charges of resisting with violence. The defendant was alleged to have attacked two people at an apartment complex. As soon as the police arrived they confronted the defendant and asked him to get on the ground. A chase ensued and the police attempted to subdue the defendant. According to the deputy the defendant reached around her neck and choked her. Shortly after the defendant let go of the deputy he was brought down by numerous other officers. DEFENSE: Shortly after the defendant was arrested we located an independent witness that saw the entire incident. We immediately contacted the State Attorney's Office before formal charges were filed, and convinced the state to drop the attempted murder charge. In addition to the independent witness, we conducted discovery depositions of all the officers involved in the case. Through these depositions and the discovery of an independent witness we argued that the defendant was attempting to protect himself. RESULT: The defendant pled guilty to one charge of battery on a law enforcement officer, one charge of misdemeanor battery, and one misdemeanor charge of resisting an officer without violence. The remaining resisting with violence charge was dropped. The defendant was not convicted on any of the above charges. Tampa DUI WinCategory: Recent Wins CASE #001-603-XAM; Judge James Dominguez; Date: April 4, 2006 DEFENSE: While the defendant was ill in front of the police officer and had a lot of trouble performing field sobriety tests, he had taken steps to avoid driving. RESULT: The DUI charge was dropped. Bond Hearing in Polk CountyCategory: Recent Wins BOND HEARINGS CASE #06-CF-001997; Judge Bruce Smith (Polk County); Date: March 18, 2006 FACTS: The defendant was charged with sexual battery on his daughter (1st degree felony punishable by life). DEFENSE: At the bond hearing we made the court aware of the questionable allegations made by the victim in the past, and the disciplinary issues causing strife between the defendant and his daughter. RESULT: The Court set a bond in the amount of $10,000. Tampa DUI Case LawCategory: Legal Updates The First District Court of Appeals cited the Bender case to support its decision to find fundamental error in Leveritt v. State. Leveritt v. State, 31 FLW D424, (Fla. 1st DCA 2006). "For evidence of a person's blood alcohol level to be admitted outside of the impled consent law and regulations promulgated thereunder, the party seeking the introduction of the evidece must satisfy the three-pronged common law test set forth in State v. Bender, 382 So.2d 697, 699 (Fla. 1980)". The proper predicate to admit scientific evidence of impairment requires that: (1) the test was reliable, (2) the test was performed by a qualified operator with proper equipment, and (3) expert testimony was presented concerning the meaning of the test. Seminar For Tampa DUI LawyersCategory: Firm News A seminar for handling DUI cases is being offered on Friday, May 19, 2006. The seminar is being held at the Tampa Marriott Waterside, and will focus on the following issues: (1) DMV - Hearings and Appeals (Writ of Certiorari) The course has been approved by the Bar for 7 CLE credits and the speakers are all well known local DUI lawyers. Florida Supreme Court upholds Search Incident to Illegal StopCategory: Legal Updates The Florida Supreme Court ruled recently that an illegal stop may not invalidate the search of a defendant's vehicle where he has an active warrant for his arrest. State v. Frierson, 31 F.L.W. S81(Fla. 2/9/2006). The Court followed the U.S. Supreme Court's analysis set out in Brown. Brown v. Illinois, 422 U.S. 590 (1975). In Brown the U.S. Supreme Court considered three factors in determining whether the initial illegal detention tainted the subsequent search (1) the time elapsed between the llegality and the acquisition of the evidence; (2) the presence of intervening circumstances; and (3) the purpose and flagrancy of the official misconduct. Continue reading "Florida Supreme Court upholds Search Incident to Illegal Stop" Closing Argument CompetitionCategory: Firm News The Florida Bar has approved CLE credits for participation in the Closing Argument Competition at the Stetson University College of Law. The competition does not take a lot of your time, and it is very helpful to the students. Four students competed in the last round yesterday and Ashley Jones ended up winning. According to the competition's coordinator, Megan Lattz, Ms. Jones won a $300.00 cash prize, and will be exempt from having to compete in the first round of competition in Stetson's trial team competition. If you are interested Ms. Laatz is looking for more lawyers to act as jurors on the Opening Statement competitioncoming up soon. You can reach Megan Lattz through the Stetson University School of Law at (727)576-0584. |
Recent UpdatesSeptember 22, 2006 August 28, 2006 August 22, 2006 Web ResourcesFindLaw |
Other Court Wins
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Copyright © 2008 by The Criminal Defense Group. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.