Case Results

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Open Container

Client arrested at Gasparilla for open container. State Attorney agreed to drop charges and client did not get a criminal record.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Possession of Open Container

Client possessing open container of alcohol. State dropped all charges.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.