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All Charges Dropped
Affray
After being involved in a fight, our client was affray. The officer who arrested our client observed him fighting with three other people on South Howard Avenue; however, the officer did not see the fight begin and arrested all of the individuals involved. Our client is a defense contractor with government security clearance and was defending himself during the fight; due to the nature of his work, an arrest of any kind would have a significant impact on both his job and his security clearance. When we took on the case, we realized that the officers had not gathered statements or names from any of the witnesses who had observed the fight. Per Florida law, members of the general public must be disturbed for an instance to be considered affray. Since the State did not have any members of the public to bring forward as witnesses, and because our client had a legitimate claim of self-defense, we made a motion to dismiss the case. The judge granted our motion to dismiss the case and all charges were dropped.
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Misdemeanor Diversion Program, Charges Dropped
Aggravated Assault on a Law Enforcement Officer
After our client got into a disagreement with a law enforcement officer following a parking violation, the Deputy claimed our client attempted to strike him with the vehicle. This led to our client being criminally aggravated assault on a law enforcement officer. Once we looked into the case, we discovered that there were several discrepancies in the Deputy's story. We were able to prove that not only was the Deputy not legally permitted to cite our client, but that our client had never attempted to strike the Deputy. In the end, the State agreed to drop all felony charges. The State then agreed to permit our client into a misdemeanor diversion program, with all charges being dropped following completion.
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All Charges Were Dismissed
Aggravated Assault with a Firearm
Our client was a 70-year-old decorated military veteran who was charged with aggravated assault with a firearm; if convicted, he would have faced a three year mandatory minimum prison sentence. Our client, who is a concealed carry permit holder, was driving home when two young men began to follow him after claiming that he cut them off in traffic. In an attempt to lose them, our client turned down a dead end road. The young men followed him, causing our client to get out of his car and defend himself with his firearm. The young men then proceeded to call law enforcement claiming that our client was threatening them. We took on the case and filed a motion to seek immunity under the Stand Your Ground law. The Judge agreed that our client had no reason to retreat in that situation and allowed for him to receive protection under the Stand Your Ground law. All charges were dismissed.
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Reduced to Two Misdemeanors, a Year of Probation
Aggravated Assault with a Firearm
Client was charged after allegedly pointing a firearm at another man during an argument and then firing the weapon into the ground. Under Florida's 10-20-Life law, he was facing a mandatory minimum sentence of at least 3 years, potentially 20 if it could be proved that he discharged the firearm. Our firm took on the case and set depositions of all of the witnesses; during those depositions, we gained testimony that directly conflicted with prior statements to law enforcement. The alleged victim also failed to appear at the first and all further depositions. Due to this, the State Attorney reduced the case to two misdemeanor charges, and our client received only a single year of probation.
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Probation with No Prison Time
Aggravated Assault with a Firearm, Shooting at an Occupied Vehicle & Domestic Violence Battery
Our client was accused of aggravated assault, shooting at an occupied vehicle, and domestic violence battery; he was facing allegations for getting into an argument with his girlfriend and then striking her vehicle with his own before shooting at it with a shotgun while she drove away. Our client was arrested and held on a $50,000 bond; under Florida's 10-20-Life Law, he was facing mandatory 20 year prison sentence. We negotiated with the State Attorney and got them to agree to not charge our client under that law. In the end, our client was given probation with no prison time.
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Reduced to Aggravated Assault with Probation
Attempted Murder
Client was arrested and attempted murder for firing a rifle at another person. The police claimed that our client made racial slurs and that the bullet missed the victim by only a few feet. Because a gun was fired during the commission of this crime, client was facing a mandatory twenty year prison sentence under 10-20-Life. After presenting the State Attorney with mitigating evidence about our client, charges were reduced to aggravated assault and the client received probation with no felony conviction.
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All Charges Dismissed
Auto Burglary and Grand Theft
The case involved a minor. After retaining our office, the case was set for adjudicatory hearing and all charges were dismissed.
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State Attorney Dropped All Charges
Battery
Client was charged with battery after being involved with a physical altercation
with his neighbor. The neighbor alleged that our client struck him in
the face with his fist during an argument. Our client had no prior criminal
record, and we were able to show that the neighbor had been repeatedly
harassing our client’s grandson. We also discovered that the neighbor
had a prior criminal history and mental health issues. Faced with this
new evidence, the State Attorney dropped all charges.
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All Charges Dropped & Client Was Released
Battery
Client a new battery that violated felony probation. Our office set the battery for trial and all charges were dropped on day of trial. Because new charges were dropped the State could not proceed on felony violation and client was released.
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Dropped all charges
Battery
Our client was battery after helping her sister who was in a fight with
a male. Officers did not believe that our client was fighting to defend
another and charged her with battery. Beyond the penalties associated
with battery charges, our client would have suffered even more so because
her employment would have been terminated had she incurred a criminal
record. We, however, took on the case and immediately set it for jury
trial. We also presented the State Attorney with further evidence which
showed that our client was fighting in defense of another. The State chose
to drop all charges on the day of the trial.
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All Charges Dropped
Battery Domestic Violence
Client was arrested for domestic violence involving her husband. We spoke
to our client’s husband, and he did not wish to proceed with prosecution.
We were then able to present this information along with other exculpatory
facts to the State Attorney’s Office. They dropped all charges.
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State Attorney decided to not charge
Battery on an Elderly Person
Client charged for battery of an elderly person after two family members
called 911. Once we took on the case we obtained a copy of the 911 call
which we used to prove that our client was actually the victim and had
been the one to make the call. Further review of the case showed that
the accusers had made false statements to the deputies who reported to
the house in fear of being arrested. We spoke about the intake of the
case to the State Attorney who decided to not charge our client.
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Battery Case Dropped & Not Convicted of Trespass
Burglary of Dwelling with Assault or Battery
Client was arrested for a first degree felony for burglary of a dwelling
with assault or battery. The alleged victim claimed that our client battered
her as he entered her home to take the child that they had in common.
We were retained to help our client get a reasonable bond in the case.
We attended first appearance court and convinced the court to set a reasonable
bond. We then contacted the State Attorney and were successful in getting
the charges reduced to misdemeanor battery and trespass.We then represented
our client in misdemeanor court where we were able to get the battery
case dropped and our client was not convicted of the trespass and only
had to pay court costs and is now eligible to have his record expunged.
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Diversion program to get charges dismissed
Carrying Concealed Weapon
Client was stopped by the TSA for having a switchblade knife in his bag
at the Tampa International Airport. After being retained we were able
to explain the State Attorney's Office that our client had not intended
to bring the weapon to the airport and that it was in his bag without
his knowledge. Based on this, the State Attorney allowed our client to
enter a court diversion program that will result in the charges being
dismissed.
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Two yrs house arrest, two years probation
Cocaine Trafficking
Client two counts of trafficking in cocaine 218-200 grams. Client was facing
a three year minimum mandatory prison sentences on both cases and facing
up to 30 years on each case as a maximum sentence. After our office was
retained to represent the Defendant, we were able to convince the State
Attorney's Office to waive the mandatory prison sentences on both
cases. Our client received two years of house arrest followed by two years
of probation with no prison time on either case.
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Diversion program to dismiss charges
Criminal Mischief
Our client was charged with criminal mischief after a neighbor accused
her of damaging a car over a parking space fight. After moving out of
state, our client received a notice to appear in a Tampa court. Because
the charge was for a misdemeanor, our firm was able to appear on her behalf
in court. We were able to successfully enter our client into a diversion
program that can be completed by mail. Upon completion of the program,
our client's charges would be dismissed without her ever having to
return to the state of Florida.
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Drug Court Program and charges dismissed
Cultivation of Marijuana, Possession of Marijuana over 20 Grams, Possession of Drug Paraphernalia & Drug Keeping in Dwelling Or
Defendant was arrested and charged for operating a marijuana grow house
and held in jail with no bond. We were had the judge put a nominal bond
in place to assure her appearance in court, and she was released. Later
through discussions with the prosecutor, we were able to convince them
to drop counts 1 and 4 and only go forward on possession of marijuana
and drug paraphernalia. In court, we were able to negotiate with the state
for her to participate in the Drug Court Program where upon completion
all the charges will be dismissed.
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All charges dismissed
Disorderly Conduct
Our client was at the Hard Rock Casino in Tampa when security approached
her and took her purse after a report that it contained a firearm. Our
client had a valid concealed weapon permit and strongly objected to the
unlawful seizure of her property and her person. Security claimed that
her objections disturbed other patrons of the casino and she was arrested
for disorderly conduct. We filed a motion to dismiss based on the fact
that our client's objection to the unlawful conduct by the Hard Rock
was not disorderly conduct. The State Attorney agreed that the motion
was well taken and all charges against our client were dismissed.
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Charges Dropped
Disorderly Intoxication
Our client was a recent graduate of the University of Tampa who faced criminal
charges for disorderly intoxication after being asked to leave a pub in
Tampa. Officers accused our client of disturbing others in the area; however,
they did not get the names of any witnesses who could testify to that
fact, and they did not ask our client to perform any breath tests or field
sobriety tests. Due to this lack of evidence, our firm was able to convince
the State Attorney to not file any charges against our client.
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License was reinstated
DMV Formal Review Hearing
Client was facing an 18-month loss of license for a second refusal of a
breath test. We filed for a formal review hearing to contest the suspension
of his license. We subpoenaed the officers involved in the case to appear
at the hearing and they failed to appear. We moved to have the suspension
set aside because the officers did not show a valid reason for their failure
to appear. Our client's license was reinstated.
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Suspension set aside, obtained valid license
DMV Formal Review Hearing
Client was facing a 6-month suspension of her license for having a blood
alcohol level (BAL) above 0.08. We requested a formal review hearing to
contest the suspension. The DMV attempted to use our client's medical
records to prove her BAL was above the limit; however, the State Trooper
sent in copies of our client's records without following proper legal
requirements. Because the records were not obtained properly, the suspension
was set aside and our client was able to obtain a valid license.
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Charges Dismissed
Domestic Violence
Thomas and Paulk, P.A. had three client's set for trial in domestic
violence court on the morning of January 14, 2013. In all three of the
cases, we had provided exculpatory evidence to the Office of the State
Attorney. In two of the cases we had also provided the State with victim
waivers indicating that the alleged victims did not want to go forward
with the trial. The State had been unwilling to drop the charges in all
three cases so we set all of the cases for trial. On the morning of the
trial the State was unable to go forward on any of the cases and all charges
against all clients were dismissed.
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All Charges Dropped
Domestic Violence
Our client was violating a domestic violence injunction for going to his
ex-wife's home while an injunction was in place. During our representation,
we discovered that the alleged victim in the case contacted our client
on numerous occasions while the injunction was in effect. We set the case
for jury trail and provided the evidence we discovered to the State Attorney.
At the pretrial conference, the State Attorney's office dropped all charges.
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Charges Dropped
Domestic Violence
Client retains our firm on his arrested for domestic violence battery.
After being held no bond, we get the client released from jail on his
own recognizance and he is not required to post any monetary bail. Our
office immediately files all necessary notices and pleading with the Clerk
of Court and the State Attorney before any charges could be filed. Then
we successfully argued to the Office of the State Attorney to drop all
charges. Subsequently, the State Attorney's office filed a Notice
to Terminate Prosecution. All charges are dropped and client is released
from all Court restrictions and is eligible to have the arrest and incident
records expunged.
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Charges Dropped
Domestic Violence Battery
Client accused of domestic violence battery. Client denied that she had
committed any crime and we set the case for trial. On the day of our trial
the Office of the State Attorney dropped all charges.
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All Charges Dropped
Domestic Violence Battery
Client domestic violence battery on his wife and step daughter. After speaking
with the State Attorney and providing proof of our client's completion
of counseling the State agreed to drop all charges against our client.
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Charges Dropped
Domestic Violence Battery
Client was arrested for domestic battery. We set the case for a jury trial.
On the day of the trial all charges against our client were dropped.
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State Attorney decided to not file charges
Domestic Violence Battery
Our client was arrested in Busch Gardens after a security officer reported
to police that our client was fighting with her husband. After police
arrived, both our client and her husband were arrested and accused of
domestic violence battery. Because this arrest occurred on a Friday, our
client was scheduled to appear in court on Saturday for her bond hearing.
We took on the case and made that first appearance for our client—resulting
in our client being released without having to post bond. We later argued
that because both wife and husband were arrested, they both had the right
to remain silent and thus there was no way to prove the allegations. The
State Attorney ultimately decided to not filed any criminal charges against the pair.
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All charges dismissed
Domestic Violence Battery
Client was arrested for an alleged battery on his step daughter. Our client
was a 71-year-old man with no prior criminal record. Because our client
was arrested for domestic violence, Florida law required that he go before
a judge before his bond was set. Even though our client was arrested on
a Sunday, his wife was able to contact our on-call attorney. We were able
to appear at his court date the following morning and to present the court
with information about the alleged victim's history to the Judge.
Our client was released without bond and was allowed to return to his
home. We were then able to provide further evidence to the State Attorney
showing that our client did not commit a battery and all charges were
dismissed.
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Case Dropped
Domestic Violence Battery
Client was arrested and charged with domestic violence battery. The client
was held in jail with no bond. We were able to have the client released
on his own recognizance; he was released not having to pay bond. Later
in discussion with the state, we were able to not have charges filed.
The case was dropped.
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Charges Dismissed & Warrant Withdrawn
Domestic Violence Battery
Client had a warrant for his arrest for missing a court date for a domestic
battery charge. When the warrant was discovered during a background check,
our client was living out of state. The client was able to retain our
office over the phone; we immediately took steps to clear up the warrant.
Through our investigation, we determined that the statute of limitations
on the case had run—and even though our client was out of state,
the state of Florida had not taken any steps to serve the warrant. We
then filed a motion to dismiss the case. All charges were dismissed and
the warrant was withdrawn. In this case, our client never had to be arrested
on the warrant and did not even have to return to Florida.
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Charges Dropped
Domestic Violence Battery by Strangulation
Our client was the felony charge of domestic violence battery by strangulation.
Our client's fiancé called her father who works for a local
law enforcement agency and claimed that our client choked her during an
argument. When police arrived they arrest our client even though he informed
the police that his fiancé had struck him and he showed them marks
indicating the truth of his story. In this case we were able to speak
to the alleged victim in the case and she provided a sworn statement to
our office that she was in fact the aggressor in the case and that our
client had acted in self-defense and that he never strangled her during
the incident. The State Attorney agreed to drop the charges against our client.
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Injunction Terminated
Domestic Violence Injunction & Violation of Injunction
Our client was domestic violence and had an injunction placed against him
by his ex-wife. While the injunction was in place, his ex-spouse initiated
contact with him, leading our client to believe that she was going to
lift the injunction. Following said contact, she spoke the police—telling
them that our client had been contacting her, which ultimately led to
a warrant being issued for our client's arrest. We were retained and
proved to the police that the ex-wife had been the one who was contacting
our client; the State Attorney's Office agreed and withdrew the warrant
and dropped all charges. We then filed a motion to have the domestic violence
injunction lifted entirely by proving the ex-wife was manipulating the
system. The Court agreed and then terminated the injunction.
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No Jail or Probation
Driving on a Suspended License
Client was arrested for driving on a 10 year driver’s license suspension
in Pinellas County. Client was facing jail time for getting stopped driving
on a license that had been suspended for 10 years. We were able to sow
mitigating evidence to the prosecutor about why our client was driving
and the State agreed to only seek a fine and no jail or probation.
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All charges dropped
Driving While License Canceled Suspended or Revoked with Knowledge
Client was stopped by police for driving with a suspended license, for
a lapse in insurance coverage and also for an alleged Sunpass toll violation.
The client fixed her insurance coverage and we filed to contest the toll
violation and the DWLS. We set the case for non-jury trial in order to
force the state to prove that the defendant was driving with knowledge
that her license was suspended. At the time of the trial, the state announced
a nolle pros and all charges were dropped.
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Only pay court cost and no probation
Driving While License Suspended Canceled or Revoked
Client charged with driving on a suspended license for the 9th time; he
was classified as a Habitual Traffic Offender. The client has a lengthy
prior record, and the Prosecutor asked for 60 days in jail. After some
discussions with the State, we were able to resolve the case with no jail
time. The client entered a plea that only required him to only pay court
cost and no probation.
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Dropped DUI to reckless driving
DUI
After allegedly weaving throughout traffic on Howard Avenue in Tampa, Florida,
our client was stopped by an officer with the Tampa Police Department.
The office claimed that our client smelled like alcohol, had glassy and
bloodshot eyes, and failed all of the administered field sobriety exercises.
When asked to complete a breath test, our client refused. We took on the
case and presented all of the evidence, preparing for trial. The State
Attorney's Office agreed to drop all DUI charges to reckless driving.
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Charges Dropped
DUI
Client was involved in a traffic crash where she was taken to the hospital.
At the hospital her blood was drawn and her BAC was found to be over the
limit. Our client received a letter from the State Attorney seeking to
subpoena her medical records. Florida law requires that you be notified
and given an opportunity to object before the State can obtain your medical
records. We were retained and filed the proper objection; however, the
State failed to set the required hearing and obtained the records improperly.
Our client was then charged with DUI based on the records. We then filed
a motion to suppress the records and the State was then forced to drop
all charges.
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All Charges Dropped
DUI
Client was arrested for DUI after being involved in a traffic crash where
the boat he was towing was thrown off the trailer. When officers arrived
at the scene, they found multiple beer cans around the boat. Officer’s
claimed that our client exhibited multiple signs of impairment. Our client
was arrested and refused to take a breath test. We were able to argue
to the State Attorney that our client’s faculties were not impaired
by alcohol, but were impaired by the fact that he had been involved in
a traffic crash. The State Attorney’s Office the agreed to drop
the DUI charge to reckless driving.
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All Charges Dropped
DUI
Client was involved in a traffic crash. The State Attorney issued a subpoena
for her medical records and discovered that her blood alcohol level was
above 0.08. The State Attorney then charged our client with DUI. In our
review of the case, we discovered that the Highway Patrol had filed a
DUI citation and issued it to our many months before the State charged
our client with the DUI. We were able to file a motion to dismiss the
case based on the fact that our client’s right to a speedy trial
was violated. The State Attorney agreed that our motion was valid and
all charges were dropped.
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Dropped DUI to reckless driving
DUI
In a recent case, we represented a client who had been involved in a car
accident while driving a rental on a business trip. After being called
to the scene, police officers alleged that they saw signs of impairment
and began a DUI investigation. Our firm was able to handle the case on
behalf of the client without him every having to return to the Tampa area.
We were able to have all of the court dates waived, and we ensured that
the charges did not affect his employment at all. In the end, the State
agreed to drop the DUI charge to reckless driving.
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Avoided a suspension and DUI conviction.
DUI
Client was stopped for weaving and investigated for DUI. The Deputy claimed
that our client failed all field sobriety exercises. He was arrested for
DUI. Client was taken to a mobile breath test unit where he refused to
take the breath test. In reviewing all the evidence in the case, we determined
that there was no video of the field tests. We argued to the State that
the lack of a video and our client's lack of a record justified the
DUI being reduced to a reckless driving. Our client is self-employed;
this kept him from having his license suspended and avoided a DUI conviction.
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Charges dropped
DUI
Client was pulled over after police officer saw him driving down the wrong
way on a one-way street and for having expired tags on his vehicle. During
the traffic stop, the officer stated that our client's breath smelled
of alcohol and was showing symptoms of impairment. Due to this, our client
was asked to perform field sobriety tests, which he allegedly failed.
He was then taken to jail where the breath test showed a blood alcohol
level (BAL) of 0.026—well below the legal limit. Claiming that our
client was impaired by drugs, the police officers ordered a urine sample
and charged him with a DUI. The client quickly retained our firm; we requested
the results of the urine test, which clearly showed that our client had
not been using any drugs. We told the State that they had no basis for
the charges, which were then dropped.
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Dropped DUI to reckless driving
DUI
Defendant was stopped in Land O' Lakes, Florida in Pasco County for
violation of several traffic laws. The officer alleged that our client
showed several clues of impairment that required the officer to conduct
a DUI investigation. After the officer conducted field sobriety exercises
our client was arrested for DUI. During the officers search of the vehicle
he found evidence of drug uses and claimed our client admitted to drug
use. The officer requested that our client take a urine test and he refused.
After reviewing the evidence in the case we filed a motion to suppress
all statement by our client as the office failed to read our client his
Miranda rights. We also moved to suppress all evidence of drug paraphernalia
as the State could not show it was used on the night in question. After
the State reviewed our motion they offered to drop the DUI charge to reckless driving.
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Reduced to reckless driving
DUI
Nursing school student was pulled over after allegedly speeding. During
the traffic stop, the Deputy claimed that he smelled alcohol on her breath
and immediately asked her to perform field sobriety tests, which he claimed
she failed. He then arrested our client and took her to jail; there she
gave a breath sample of 0.119. Our firm took on the case fully aware that
a DUI conviction would cause serious issues with our client's ability
to become a nurse, which we conveyed to the State Attorney. The State
Attorney agreed to reduce the charges to reckless driving.
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Dropped the DUI to reckless driving
DUI
Client stopped for DUI after officer observed client weaving. Client attempted
to take field sobriety exercises but had medical issues that cause him
concern that he could not complete the exercises. Client was then arrested
for DUI and submitted to a breath test with results of 0.106 & 0.108.
Client's work involved a security clearance that was placed in jeopardy
if he received a DUI conviction. We provided the State Attorney with medical
records showing why he was unable to perform the field sobriety exercises.
The State Attorney agreed to drop the DUI to reckless driving and our
client did not receive a driver's license suspension and was able
to keep his security clearance.
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Dropped DUI charges to reckless driving
DUI
After our client was pulled over for weaving and speeding, an officer stated
that our client's breath smelled like alcohol. Our client was then
asked to perform field sobriety tests; he allegedly failed, which was
caught on video. After the performance, our client was arrested for DUI.
Once we had been retained, we reached out to the State Attorney demanding
discovery. While they produced the video of the field sobriety tests,
they could not provide our firm with police reports. Since the State could
not produce the required documents, they dropped DUI charges to reckless driving.
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DUI Reduced to Reckless Driving
DUI
The Hillsborough County Sheriff’s Office received a call reporting
a potentially impaired driver. One of their deputies responded to the
call and stopped our client for crossing the center line multiple times
and for having expired tags. The deputy spoke to our client and reported
signs of impairment; our client was then asked to performed field sobriety
tests. The deputy stated that our client failed the tests and thus arrested
him. After arrest, our client was asked to submit to a breath test, which
he refused. Our client was a real estate agent and it was thus of the
utmost important that he was not convicted. Our firm took on the case
and found several weaknesses in the State’s case. Initially, the
State Attorney refused to drop the charges and would only agree to allow
a please. We, however, continued to fight for our client. After months
of negotiations and seven different court appearances, the Stated agreed
to reduce the DUI charge to reckless driving.
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DUI Reduced to Reckless Driving
DUI
Client was stopped for several traffic infractions. The Tampa Police Officer
claimed to notice several signs of impairment. The officer conducted field
sobriety exercises and noted more signs of impairment. Our client was
placed under arrest for DUI and taken to the jail where she failed a breath
test. Our client had no prior criminal history and also had a spotless
driving record. Due to our client’s clean record and other mitigating
factors, we were able to convince the State to drop the DUI charge to
reckless driving.
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DUI
DUI
Client was placed under arrest for drunk driving after being stopped for
an alleged traffic infraction. The police officer claimed they noticed
signs of impairment while our client performed sobriety exercises. After
the arrest, our client was taken to jail and given a breath test; she
blew 0.205. In this case, we reviewed the video of the traffic stop and
found that that the reason stated for the stop did not match what we saw
on the video. We filed a motion to suppress evidence; the state agreed
and dropped the DUI to reckless driving.
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No criminal conviction
DUI and Obstructing or Opposing an Officer
Client was pulled over when an officer believed that she was drunk driving.
While investigating our client, the officer claimed that our client was
uncooperative, unsteady on her feet, and strongly smelled of alcohol.
The officer also stated that our client made incriminating statements
about drinking. Despite this evidence, we took on the case and were able
to prove that the State's case had several problems. We pointed out
these errors to the state and they dropped the charges related to obstruction
and reduced the DUI charges to reckless driving—allowing our client
to walk away with no criminal conviction.
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Dropped DUI to reckless driving, no jail time
DUI Second Offense
Our client was stopped for failing to maintain a single lane. During the
traffic stop, the deputy from the Hillsborough County Sheriff's office
claimed he noticed an odor of alcoholic beverage, red eyes, and slurred
speech. The Deputy then decided that he wanted our client to agree to
perform field sobriety exercises. Our client refused to perform these
exercises and the Deputy then wanted to question our client and she refused
to answer any questions without an attorney. The Deputy then arrested
our client for DUI and requested that she take a breath test that our
client also refused to perform. Based on this being a second DUI arrest
our client was facing up to a year in jail and a potential five year driver's
license revocation. After we reviewed all of the evidence and video tapes
in the case, we argued to the State Attorney that the evidence was insufficient
to convict our client of a second offense of driving under the influence.
The State agreed to drop the DUI charge to reckless driving and our client
received no jail time and the court did not suspend her driver's license.
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Set aside warrant and terminated probation
DUI with Serious Bodily Injury & Violation of Probation
Our client lived out of state and had an outstanding warrant for years
for the violation of probation after being accused of DUI with serious
bodily injury. We took on the case and were successful in getting the
court to set aside the warrant and terminate the probation. Our client
was never booked into jail and did not even have to return to the state
of Florida to appear in court.
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State dropped the charges to reckless driving
DUI, BAC Over 0.15
After allegedly driving erratically, a police officer stopped our client
and asked them to perform a field sobriety test. Upon allegedly observing
several clues of impairment, our office was given a breath test, which
yielded a result of 0.165 and 0.168 BAC. Our client was enhanced DUI.
Upon being retained, we talked to the State about known issues with their
witnesses. Despite the BAC of twice the legal limit, the State dropped
the charges to reckless driving.
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Intervention program and all charges dismissed
Exposure of Sexual Organ
Defendant indecent exposure. After providing the State with medical records
the State Attorney agreed to allow our client to enter the misdemeanor
intervention program and all charges were dismissed.
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All charges dropped
Failure to Report as Sex Offender
Client was failure of sex offender to report. Client was facing extradition
from another state and a possible five year prison sentence. Our office
was able to present evidence to the State Attorney that caused all charges
to be dropped.
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Warrant Withdrawn & Charges Dismissed
Failure to Return Leased Property
Client discovered she had a warrant for her arrest for failing to return
property that she rented. We were retained to help our client clear up
the warrant. Our client was concerned that if she was arrested on the
warrant she would lose her job. After we were retained, we spoke with
the alleged victim in the case and arranged for payment of restitution.
After restitution was paid, the State Attorney agreed to withdraw the
warrant and dismiss all charges. Our client did not have to turn herself
in or appear in court for the charge.
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Warrant Withdrawn & Charges Dropped
Failure to Return Leased Property
Client had a warrant issued for her failure to return property that she
had leased from her son. She contacted our firm before she was arrested.
We immediately launched an investigation where we were able to prove to
the State Attorney that our client had no idea that the property had not
been returned. The State Attorney agreed to withdraw the warrant and to
have all charges dropped.
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All charges dismissed
False Name to Law Enforcement
Client was a student at the University of Tampa when they were arrested
for providing a false ID to a police officer. We took on the case and
were able to get our client into an intervention program as our client
had no prior record. Ultimately, this program will result in our client
having all of the criminal charges completely dismissed.
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No charges filed
False Police Report
Our firm was retained for an individual who was under investigation for
allegedly filing a false police report. In this case, the Hillsborough
County Sheriff's Office sent a direct file to the State Attorney's
Office, which means that they were not positive that they had enough probable
cause for an arrest. We were able to provide enough evidence to prove
that the police report in question was not false. Ultimately, no charges
were filed.
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Charges dismissed
Felony Battery
Client felony battery over a fight with another student at school who was
injured. We argued to the state that just because two people fight does
not mean guilty of battery. People can mutually agree to fight in the
heat of the moment. At the adjudicatory hearing, the state could not go
forward on the charge and we motioned the Court to dismiss the charges.
Motion was granted and charges were dismissed.
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Declined to file any criminal charges
Felony Child Abuse
Client was arrested with felony child abuse after his 13-year-old son claimed
he hit him in the face. The incident led to deputy's from the Hillsborough
County Sherriff's Office being called out the home and filing charges.
The evidence, however, showed the son had started the incident by striking
his father first and that our client had only been responding to the violence.
When the State Attorney reviewed the case, we were able to provide ample
evidence corroborating this fact. The State agreed with the evidence and
declined to file any criminal charges.
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Felony Charges Dropped
Felony Possession of a Controlled Substance & Possession of Marijuana
Client was found to be in possession of a controlled substance after attending
the Sunset Music Festival. Officers searched our client after claiming
to smell the odor of marijuana and discovered a controlled substance in
his wallet. After reviewing the case and discussing the case with the
State Attorney, the State agreed to drop the felony charge and agreed
to a time served sentence on the misdemeanor. Our client avoided a felony
conviction and probation.
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Client's probation was terminated
Felony Violation of Probation
Client was facing a violation of probation for burglary and grand theft.
Our client had an outstanding warrant with no bond. Our office was able
to set a court date before Judge Perry in Hillsborough County within two
days. After bringing our client before the Judge we were able to explain
the violation and the client's probation was terminated.
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Dismissed violation and terminated probation
Felony Violation of Probation
In this case, Thomas & Paulk, P.A.'s client was his third violation
of probation and had an outstanding arrest warrant for failing to complete
the terms of his probation. Before our client could be arrested, we set
a court date and brought him before for the Judge. In Court we explained
to Judge Perry that the defendant did not willfully violate the probation
and was complying with best efforts to all the conditions. The judge dismissed
the violation and then agreed to terminate the client's probation early.
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Probation with No Time in Prison
First Degree Grand Theft $100,000 or More, Dealing in Stolen Property & False Information to Pawn Broker
Client was charged with the theft of over $100,000 in jewelry and was facing
up to 25 years in Florida State Prison. Because of the amount of the alleged
theft, our client was facing over five years in prison at the bottom of
the sentencing guidelines. In reviewing the entire discovery, we noticed
discrepancies in the value of the jewelry claimed stolen by the victim.
We were able to pull other court documents from an unrelated court case
to help establish what jewelry was owned by the alleged victim. We then
conducted a deposition of the victim where further questions were raised
in regards to the value of the missing property. Due to the problems we
discovered with the case, the State agreed to offer our client probation
without any time in prison.
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Not charged or arrested
Fraud
Client was accused of defrauding the government and was looking at a felony
charge with up to a five year prison sentence. We were able to speak to
the State Attorney prior to charges being filed. Because we contacted
State Attorney early, our client was not charged or arrested. Our office
was able to arrange repayment of disputed funds and our client has no record.
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All Charges Dropped
Grand Theft
Client was accused of grand theft for stealing and cashing a forged check.
We were able to speak to the alleged victim in the case and the victim
agreed to speak to the State Attorney about dropping the charges. Our
office had our client perform some community service hours, and we presented
these to the State Attorney. All charges were dropped.
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Pretrial diversion program all charges dismissed
Grand Theft
Client was charged with grand theft for allegedly taking a ring from home
where he was working. We spoke with the State Attorney to arrange for
the payment of restitution. The State Attorney and the victim they agreed
to allow our client to enter a pretrial diversion program. At the conclusion
of this program, all charges against our client will be dismissed.
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State dropped all charges after restitution paid
Grand Theft and Uttering a Forged Instrument
Client was arrested for having an old felony warrant for grand theft and
uttering a forged instrument while in Virginia. After being arrested,
he contacted our criminal lawyers to see if there was a way that our firm
could get the case handled without the client having to return to the
state of Florida. After being retained, we reached out and contacted the
State Attorney; we convicted the State that our client was willing to
make restitution. Between that, and the age of the case, our negotiations
were successful. The State dropped all charges after restitution was paid.
Our client never had to return to Florida, and did not have to deal with
felony convictions on his criminal record.
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All charges dropped, pretrial diversion program
Grand Theft Second Degree
Our client was second degree grand theft after being accused of stealing
more than $40,000 from his employer. These charges could have led to more
than 15 years in a state prison; because it was a second degree felony
charge, our client was told that they were not eligible for a pretrial
diversion program. Despite this, we were able to negotiate with the State
Attorney and get the charges dropped to a third degree felony. The State
also agreed to let our client enter into a pretrial diversion program,
where all charges being held against our client would be dropped upon
full completion.
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Driver's license back with no restrictions
Habitual Traffic Offender
Client went to court without an attorney and pled to driving while license
suspended. His plea to that charge made him a habitual traffic offender
and his license was suspended for five years. Client hired us to get his
plea withdrawn and we were able to get the five year suspension removed
and he was able to get his driver's license back with no restrictions.
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Injunction request was denied
Injunction for Protection Against Repeat Violence
Client's ex-girlfriend filed for injunction against our client. At
the injunction hearing, our office prevailed and the injunction request
was denied.
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Plea for court costs with no admission of guilt
Leaving the Scene of a Crash and Driving While License Suspended
Our client faced criminal charges after a car crashed into a building.
The owner of the vehicle claimed our client was the driver. Since our
client had a suspended license, he faced criminal charges both for leaving
the scene of the accident and driving on a suspended license. Due to the
severity of the charged, our client was facing serious criminal penalties
– especially because his criminal record included prior DUI charges.
Our firm, however, was able to argue that the only witness to the accident,
the owner of the vehicle, had motive to falsely accuse our client. Based
upon our reasoning, the State allowed our client to enter a plea for court
costs with no admission of guilt. He was not sentenced to imprisonment
or probation.
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Found not guilty
Leaving the Scene of an Accident
Client was leaving the scene of accident. We set case for trial and client
was found not guilty of any charges.
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No charges filed
Leaving the Scene of an Accident
Client was in involved in an accident and left the scene before police
arrived. Tampa Police Department opened an investigation and was searching
to charge the driver with leaving the scene. We contacted law enforcement
and through negotiations were able provide insurance coverage information
and other information to satisfy the victim. Consequently the client was
not arrested and no charges were filed.
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Probation and 25 hours of community service
Leaving the Scene of an Accident with Injury
Our client was arrested and the felony charge of leaving the scene of an
accident with injury, a third degree felony punishable by up to five years
in state prison. It was alleged that our client caused a multiple car
accident and that he fled the scene of the accident without stopping.
Through our investigation of the case we were able to determine that the
injury alleged were not sufficient for the State to prove the felony charge
of leaving the scene with injury. The State was forced to drop the felony
to a misdemeanor charge and our client received probation with only twenty
five community service hours.
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Client Was Never Arrested
Leaving the Scene of Traffic Crash
Client was contacted by a law enforcement officer regarding a car accident
where the driver had left the scene of the accident. The vehicle in question
had been registered to our client and the officer had wanted to speak
to him about the crash. Prior to speaking to the detective, the client
called our office; we informed the detective that our client would only
make a statement if he would not face any criminal charges. Our firm was
able to reach an agreement with the detective that our client would make
a statement if he was only charged with a civil infraction. In the end,
our client was never criminally charged or arrested and his civil infraction
was eventually dismissed.
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All charges dismissed
Marijuana Possession
Client was possession of marijuana after being stopped for not having a
working tag light. We discovered that the officer was conducting an undercover
drug operation and did not have a valid reason for the search of our client's
car. After we filed motion to suppress all charges were dismissed.
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Charges Dropped
Minor in Possession
Client was down from Florida State University attending a University of
South Florida football game when she was arrested for underage drinking.
Over the last few years we have noticed that law enforcement has been
making more arrests at Bull's football games. In most of these cases
the reason law enforcement gives for approaching people who are drinking
is that they claim the person "looked underage." We have been
successful in arguing that it is not sufficient grounds to detain a person
in order to verify age. In this case, the court agreed and all charges
were dropped.
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Charges Dismissed
Minor in Possession
Our client was a college student who was arrested at the Gasparilla Parade
for the underage possession of alcohol. Since they were young with no
criminal record—and would likely be looking for a career shortly—we
negotiated with the State Attorney for a way to avoid criminal charges.
We were able to get the State to agree to drop the charges after our client
performed community service work. Our client performed 16 hours of community
service and all charges were dismissed—leaving their criminal record clean.
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All Charges Dropped
Minor in Possession
Client was arrested in the parking lot of the amphitheater in Tampa for
having alcohol while under 21. She was approached in the parking lot by
undercover officers working for Florida Division of Alcoholic Beverages
and Tobacco and asked for her ID. The officers then arrested our client
claiming they asked for ID because she appeared to be under 21 even though
she was just a few months from turning 21. We argued to the Office of
the State Attorney that the officer had no valid way to claim he had a
reasonable suspicion that our client was under 21. The State agreed to
drop all charges against our client.
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No charges filed
Obstructing or Opposing an Officer Without Violence / Loitering and Prowling
Client was accused of not obeying an officer's order to stop and identify
himself. Police then claimed that our client fled from them so they pursued
him and arrested him for obstructing, as well as loitering and prowling.
The police were not able to establish that they ever had any reason to
detain our client for any crime. It is not unlawful to resist an unlawful
detention, and we were able to show the State Attorney's Office that
this was an unlawful detention. The State Attorney agreed with our argument
and no charges were filed against our client; he never had to appear in court.
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Pretrial Intervention Program
Obtaining Controlled Substance by Fraud
Client was charged with obtaining a controlled substance using a fraudulent
prescription. Client’s case was set in felony drug court. We were
able to establish that our client no longer had a drug problem and the
State agreed to allow our client to enter regular PTI where all the charges
will be dismissed keeping our client from having any criminal record.
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Charges Dropped
Open Container
Client arrested at Gasparilla for open container. State Attorney agreed
to drop charges and client did not get a criminal record.
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State agreed to drop the trafficking charge
Oxycodone Trafficking
Client facing mandatory prison. We were able to provide the state with
records showing our client had a drug problem and was not selling drugs.
The State agreed to drop the trafficking charge and our client did not
get a felony conviction or any jail time.
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Warrant dismissed
Passport Denied Because of Outstanding Warrant
In a recent case, our client attempted to apply for a passport and was
denied because of an old outstanding warrant for a probation violation.
The client had moved to another state, but could not come back to have
the warrant lifted without facing the possibility of arrest. Our firm
was contacted via phone since our client could not return to Florida and
immediately began to help. We contacted both the Court and the State Attorney
and were able to get them to agree to have the warrant dismissed after
our client paid minimum court costs.
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Charges Dropped
Possession of Alcohol by a Minor
College student was charged with possession of alcohol by a person under
21. We convinced the State Attorney to allow our client to perform 16
hours of community service work; all charges were dropped without our
client ever having to appear in court.
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Reduced to misdemeanor
Possession of Cocaine / Introduction of Contraband into a Detention Facility
Client was found to be in possession of cocaine when he was being booked
into the Hillsborough County Jail. He was two third degree felony charges.
We were able to convince the State Attorney's Office to drop both
of the felony charges against our client. The charges were reduced to
one misdemeanor and our client was received a withhold of adjudication
on that charge.
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Charges dropped
Possession of Controlled Substance
Client was arrested on an outstanding warrant. When the Sheriff's Office
searched the vehicle, they found alprazolam, marijuana, and drug paraphernalia.
After this search, our client was one felony drug charge and two misdemeanor
charges, which would have caused our client to have both a felony conviction
and a two year suspension of his license since he was driving at the time
of the arrest. This was especially troublesome for our client as he drove
for a living. Our firm took on the case and discovered several different
reasons for us to suppress the evidence—including a bad traffic
stop and unlawful inventory search. We took this argument to the State
Attorney who offered to drop the charges.
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All Charges Dropped
Possession of Marijuana
Client was discovered sleeping in passenger seat of a vehicle during a
traffic stop. The driver was arrested for DUI and police discovered marijuana
on passenger side of the vehicle. Our client was charged with the possession
of that marijuana. In order to prove possession of drugs, the State must
show both dominion and control and knowledge of the illegal drugs. We
set the case for trail because our client was sleeping and there was no
proof that our client had any knowledge that the drugs were in the vehicle.
On the day of trial, the State dropped all charges.
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All charges were dropped
Possession of Marijuana
Client, who is student at U.S.F., was possession of marijuana. Our client
lived in an off campus dorm and the client's roommate allowed police
to enter the common area of apartment due to the smell of marijuana. The
officer then entered our client's room and found drugs. We filed motion
to suppress all evidence due to unlawful search. The Court agreed with
our motion and all charges were dropped.
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All charges dismissed
Possession of Marijuana
Client who is student at the University of South Florida was stopped at
a roadblock set up by the U.S.F. Police Department. The officer then found
marijuana in the vehicle. We filed a motion to suppress based on an illegal
roadblock. The court granted our motion and all charged were dismissed.
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All charges dismissed
Possession of Marijuana
Client was living in a home with a roommate who was on probation. When
my client was not at home, the roommate's probation officer and the
police came to the home and searched our client's room. The officers
claimed to have found marijuana in our client's room; he was thus
arrested and charged with possession of marijuana. We filed a motion to
suppress all evidence because the officer's had no warrant and no
right to search our client's room. The Court agreed with our argument
and all evidence was suppressed and all charges dismissed.
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No Charges Filed
Possession of Marijuana
Client was stopped for having tint that the officer felt was too dark on
his vehicle. The officer then claimed to smell the odor of marijuana and
searched the vehicle. The officer then found marijuana and arrested our
client. We were able to argue to the State Attorney that the stop and
search of our client was illegal and the State did not file any criminal
charges against our client.
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All charges dismissed
Possession of Marijuana / Possession of Drug Paraphernalia
While making another arrest, Tampa police asked the person under arrest
if there were any other people in the residency. The person under arrest
stated that there were people at the back of the property. The officer
proceeded to walk to the back where they claimed to smell marijuana. They
ordered the people in the building to leave, walked inside and collected
marijuana cigarettes. We took on the case and were able to prove the officers
had acted incorrectly; namely, they had no right to enter the backyard.
After noting the unlawful entry, we filed a motion to suppress all evidence.
The Office of the State Attorney agreed that the officer's conduct
was improper. The Court granted the motion to suppress all evidence and
all charges were dismissed.
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All charges dropped
Possession of Marijuana and Domestic Violence
Police were called to our client's house following a 911 call, where
they observed several injuries to our client's boyfriend. He reported
to law enforcement that our client had hit him the face until his nose
began to bleed, and our client was arrested for domestic violence battery.
Following the arrest, the police searched our client's bedroom, where
they found marijuana. She was subsequently drug possession. We we were
retained and immediately contacted the State Attorney to argue that the
evidence did not prove our client was actually in possession of the drugs;
the State agreed and did not filed the drug crime charges. We then focused
on the domestic violence charges. On the day of the trial, all charges
against our client were dropped.
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Charges Dropped
Possession of Open Container
Client possessing open container of alcohol. State dropped all charges.
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Case dismissed
Prescription Drug Possession
Client was possession of prescription drugs and drug paraphernalia. We
discovered that the search of our client's car was based on race.
We filed motion to suppress all evidence and the case was dismissed.
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Injunction Dropped
Request for Repeat Violence Injunction
Client was served with a request for an injunction based on a disagreement
with a neighbor. We were retained to handle the hearing for the injunction
and were able to speak to the neighbor requesting the injunction. In our
discussions with the neighbor, we were successful in getting the neighbor
to agree to drop the injunction preserving our client’s right to
possess a firearm and saving his ability to keep his security license.
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All charges dropped
Resisting an Officer
Client was arrested resisting an officer without violence. We filed a motion
to dismiss the case before Judge Greco in Hillsborough County. At the
motion hearing we successfully argued to the court that the officer was
acting without legal authority. The judge granted our motion and all charges
were dropped.
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All charges dropped
Resisting an Officer Without Violence
Our client was removed from an intervention program for failure to complete
the program. Our client is a college student who is now living out of
state. We were retained to represent the client when his case was sent
back to court for prosecution on the original charge of disorderly conduct
and obstructing or opposing an officer without violence. The original
allegations were that our client was passed out on a sidewalk in Ybor
City, Florida and that when an officer attempted to wake the defendant
he pulled away from the officer and told the officer to get away from
him. In our review the case we determined that our client had not done
anything that would justify his arrest for disorderly conduct and that
he had a right to obstruct his unlawful arrest. The Office of the State
Attorney agreed, and all charges were dropped.
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All Charges Were Dismissed
Resisting Arrest with Violence
Client was being detained by police and was alleged to have been involved
with a struggle with the officers. One of the Officers suffered a broken
leg during the detention of our client. In investigating the incident
we discovered that the detention of our client was illegal at that the
officer’s leg was likely broken from falling down, and not as a
result of our client’s actions. Because of these additional facts
the Sate Attorney agreed to allow our client to enter a pretrial diversion
program and all charges were dismissed.
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All charges dropped
Resisting Arrest with Violence
Client felony resisting arrest with violence. Fish and Wildlife Officer
claimed our client threatened him with harm during the arrest. We were
able to show the State Attorney that our client was not guilty of a felony
and all charges were dropped.
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Dropped robbery charges given time served
Robbery
Client charged with robbery; facing five years in prison. During deposition
of alleged victim, we discovered she had an extensive criminal record.
When we set case for trial, the State Attorney dropped robbery charges
and client was given time served with no probation.
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Reduced charges to strong arm robbery
Robbery with a Firearm
In 1998, our client had been arrested and robbery with a firearm. After
failing to appear at court, a warrant was issued. He then moved overseas,
where he lived for more than a decade. Recently, when he decided that
he would like to return, he contacted our firm because he was afraid he
would be immediately arrested in Customs. Our firm took on the case and
was able to prove to the State Attorney that our client was a changed
man from who he was when the original arrest occurred and that he had
substantially assisted the country in his time away. The State Attorney
agreed to reduce charges to strong arm robbery with no felony conviction.
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Second DUI reduced to reckless driving
Second DUI
After allegedly speeding and not having a tag light, our client was stopped
by local law enforcement. The police noted that our client allegedly smelled
of alcohol and had bloodshot, watery eyes. Our client was asked to perform
field sobriety tests and was then arrested for DUI (his second offense).
After we were retained, we immediately reviewed the case and found problems
with the State's case; we also presented evidence that our client's
career as a paramedic would be in jeopardy. The State agreed to drop the
second DUI to reckless driving with no license suspension.
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Dropped second DUI to reckless driving
Second DUI
Our client was driving in Ybor City when he ran across another vehicle
stopped in the road in front of him. After our client honked his horn
at this car, it was discovered that the vehicle was in fact an unmarked
police car. The two officers exited the vehicle and spoke to our client,
where they claimed to smell alcohol. The then requested for DUI officers
to report to the scene and conduct field sobriety tests. Our client was
arrested for DUI after these tests; our client also later refused the
breath test. Because our client had another DUI already on his record,
we scheduled a formal hearing at the DMV where we successfully had our
client's license suspension set aside. In court, we filed a motion
to suppress all evidence based on lack of reasonable suspicion to stop
our client in the first place. The State agreed to drop the second DUI
to reckless driving.
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Dropped the DUI case to reckless driving
Second DUI
Our client was his second DUI after being found sleeping in his vehicle
on the side of the road. Officers noticed the odor of alcohol on his breath
and chose to perform field sobriety tests. Our client was arrested for
a DUI; he refused the breath test. Our firm took on the case and found
two things incorrect with the investigation of the officers: they never
read our client his Miranda rights and incorrectly read the implied consent
warning. We promptly filed a motion to suppress statements made after
these critical errors, including the refusal of the breath test. After
reviewing our motion, the Office of the State Attorney dropped the DUI
case to reckless driving charges, which allowed our client to avoid a
second conviction.
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Dropped DUI to Reckless Driving
Second DUI
Client arrested and a second DUI within five years. Client was facing mandatory
jail and a five year driver's license suspension. Client was stopped
for weaving and almost striking construction barrels. Officer had client
submit to field sobriety exercises and claimed that our client failed
all exercises. Our office requested all discovery and witnesses from the
State Attorney and found that the State had a problem with a witness that
our office was aware of from a prior case. Based on this witness problem
the State agreed to drop the DUI to reckless driving even though our client
had a prior conviction.
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Reduced the second DUI to reckless driving
Second DUI and Driving While License Suspended
After failing a field sobriety test, our client was arrested for drunk
driving; the client then provided a breath sample of 0.131. As is our
usual conduct, we asked to see all breath test records; while reviewing
these records, we realized that the State was going to have difficulty
producing necessary witnesses. We discussed this problem with the Office
of the State Attorney, and they reduced the second DUI to reckless driving
with no driver's license suspension for our client.
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Reduced DUI and Dropped other charges
Second DUI, Leaving the Scene of an Accident, and Careless Driving
Our client had been involved in a traffic crash, which led to their vehicle
colliding into a retention pond. It was then alleged that our client got
out of their vehicle and attempted to flee the scene. When troopers arrived,
they began to conduct an investigation into alleged drunk driving. Our
client refused to take the field sobriety test and was subsequently arrested.
Following arrest, our client refused the breath test. After our firm took
on the case, we successfully found many problems with the case. The State
Attorney agreeing to reduce the charges from DUI to reckless driving.
They also agreed to completely drop the charges for leaving the scene
of an accident and the careless driving charge.
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All charges dismissed
Solicitation of Prostitution
Defendant was arrested for soliciting an undercover police officer for
sex. After reviewing the evidence in the case, we determined that the
law enforcement officer had entrapped our client. We filed a motion to
dismiss charges. The court granted our motion and all charges were dismissed.
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Paid court costs, no criminal record
Use of Fraudulent Identification
Client was on spring break from out of state at Clearwater Beach and was
caught using a fake ID. Officer charged her with the felony charge of
use of fraudulent identification. Our office was successful in getting
felony charges dropped and our client only had to pay court costs of $300.00
and received no criminal record. We were able to handle entire case without
our client having to return to Florida for court.
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Violation dismissed
Violation of Community Control
Client a violation of his community control. The Department of Corrections
was seeking to have our client sent to prison for two years. At the hearing
for the violation we were able to get the violation dismissed.
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Continued on probation
Violation of Felony Probation
Client was on probation for multiple cases involving felony delivery and
possession of drugs, as well as failure to file sales tax refunds. This
was the client's third violation, and he was facing a 24-month prison
sentence suspended. It was alleged that our client violated his probation
by being out of his residence past curfew. We successful argued to the
Judge that he did not willfully and substantially violate his probation
and that he should be given the opportunity to complete it. The judge
agreed and continued him on probation.
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Probation Was Terminated
Violation of Probation
Our client was on probation for multiple felony charges when an arrest
warrant was issued for him not completing his probation. Several years
later, our client was arrested in Louisiana; he was held for extradition
to Florida with no bond. On the day of his arrest, his family contacted
our firm. We immediately took action and set the case for court. Within
two days, we were able to get our client released without him being extradited.
After that, we got the court to agree to terminate probation so long as
our client paid the court costs. He paid the fees and the probation was
terminated.
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Probation was reinstated, no jail time
Violation of Probation
Client was on probation for DUI in Hillsborough County and was arrested
for driving on a suspended license (DWLS). The client had also failed
to complete DUI School and had not paid court costs. We were able to get
a court date set so that our client was not arrested on the warrant that
had no bond. In court we were able to convince the court to give our client
another chance on probation. The probation was reinstated, and our client
did not serve any jail time.
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Second chance to fulfill the terms of probation
Violation of Probation
We recently represented a client who was on probation and was violation
for using a "whizzinator" to provide a false urine sample. When
he did give a real sample, he tested positive for drugs. Per the Florida's
Criminal Punishment Code, our client was facing a minimum of 22 months
in prison. We took on the case and set a court date, admitting to the
probation violation. We, however, provided the court with mitigating factors
and got the Judge to agree to give our client a second chance to fulfill
the terms of probation instead of prison.
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Dismissed the violation and continue probation
Violation of Probation
Client was on probation for four felony charges, two third degree felonies
and two second degree felonies. With all the felony charges our client
was facing up to forty years in state prison. The Department of Corrections
alleged that our client tested positive for drugs and that she absconded
from her probation. We set the case for court to turn our client in on
the warrant. After hearing mitigating factors from the defense the Judge
agreed to dismiss the violation and continue our client on probation.
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Terminated probation
Violation of Probation & Battery
The client had an outstanding warrant for absconded from supervision by
failing to report to probation; the client also had not completed all
the conditions originally ordered by the court. We set a court date and
did not have to have the client arrested and booked into jail. At the
hearing, we persuaded the Judge that the client had completed a majority
of her punishment and many of the conditions of probation. The Judge agreed
and terminated her probation, and she was finished with the case.
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Probation dropped and a fresh start
Violation of Probation and Driving on a Suspended License
Client again caught and driving on a suspended license while on probation
for driving with a suspended license. We file a motion with the court
to withdraw the warrant before client is arrested, arguing before the
Judge on the basis of his good job and family obligations. We then negotiated
an agreement with the State Attorney's Office for no jail on the charges.
Client pled no contest and the judge consented to terminate his probation
and simply adjudicate him with the order to pay court costs for the new
case. His probation dropped despite the new charges, our client has a
chance for a fresh start.
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Allowed to continue probation
Violation of Probation for Sexual Battery Charge
In a recent case, our client was the violation of his probation after the
Department of Corrections noted that he had failed to submit to the necessary
electronic monitoring. After this, the state released a no bond warrant
for his arrest, leading to our client being arrested in another county.
We immediately sprang into action and were able to set an emergency—setting
bond for our client. We were able to get our client out of jail. Once
he appeared in court later, the Judge agreed to allow our client to continue
on probation.
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time served and released to return home
Violation of Probation Possession of Cocaine
Client was arrested for violation of probation for absconding from his
2005 drug offender probation. Client was arrested and placed in jail on
the violation. We were retained and set the case before the Court; the
Court agreed to give our client time served and he was released to return home.
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Required to report to the probation office
Violation of Probation, Burglary of a Dwelling, Dealing in Stolen Property & False Information to a Pawn Broker
The client was facing his third violation of probation for failing to comply
with drug treatment, using alcohol to excess, and failing to complete
his community service hours. Probation did an affidavit and a warrant
was issued for his arrest. Before the client could be arrested, we immediately
filed a motion and court date to surrender the client. At the hearing,
we were able to negotiate a resolution satisfactory with the state and
the judge. The judge withdrew the warrant and the client was permitted
to continue on with probation. The client was not arrested or booked in
jail and was simply required to report to the probation office.
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All charges dismissed and warrant removed
Warrant
Client was living overseas and discovered that he had a warrant for an
old theft charge. Our client wanted the warrant removed but did not want
to return for court. We filed a motion to dismiss for violation of statute
of limitations and all charges were dismissed. Our client's warrant
was removed and he can return to the United States without fear of arrest.
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All charges dismissed
Worthless Check
Client felony worthless check. Defendant moved out of state and was unaware
that the State charged her with worthless check. When she became aware
she had warrant for her arrest she contacted our office. Because the State
never made attempts to arrest our client for several years we were able
to get all of her charges dismissed. Our client did not have to be arrested
or return to Florida.