State v R. Seymour Miami-Dade County Circuit case F15-5749 D

Client, along with four other co-defendants, was accused of trafficking of cocaine.
• After getting the lead detective to testify at a deposition that my client was “merely present” and had no discernible role in the case, I was able to get the prosecution to completely drop the matter.
• There was no cooperation.
• This disposition was facilitated by a demand for speedy trial.

State of Florida/Department of Revenue v F. Alessi
Miami-Dade County State Attorneys Office Economic Crime Division case number 16-11

The client was the owner of a car dealership where $250,00 worth of sales tax was not paid resulting in a threat of criminal prosecution. The client’s partner absconded, presumably because he stole the sales tax money, yet leaving my client liable for those back taxes. Even though criminal liability was easily defensible, as a partner he, nonetheless, still had civil liability for the full amount.
I was able to negotiate a civil resolution at 11% of the tax liability.

State v. K Santiago Palm Beach County Circuit case 502016CF007268AXXXMB

Client was arrested for “burglary of a dwelling” and “grand theft”. An expensive bicycle was stolen out of a garage, left open throughout the evening, with the client being seen (and photographed) on that bicycle a short time later.
I was able to persuade the prosecution to not file the “burglary” charge and, after voluntary restitution was made, able to convince the prosecution that the requisite “guilty knowledge” was not easily provable resulting in the case being dropped.

State v. M.F. Miami-Dade County Circuit case F16-16994

Client was accused of “possession of heroin” which was found in his vehicle. However, the police arbitrarily searched that car while it was parked on the client’s private property.
I was able to convince the screening prosecutor that the police blatantly violated my client’s constitutional rights and had no legal justification for going into his car. The screening prosecutor concurred that his office would lose the case so he refused to file charges. The case was dismissed three weeks after the arrest with my client never even having to appear in court.

In re D.F. Florida Bar file 2015-50,047 (17B)
Florida Bar Complaint against attorney D.F.

An attorney issued a $92,400 trust fund check which bounced.
After making good on the check, I was able to convince the Florida Bar to not go forward on any discipline resulting in a Bar-initiated complaint getting withdrawn. No ramifications resulted from the mishap.

U.S. v. T. Lobelsky , U.S. District Court, Southern District of Florida case 15-60171 Zloch

The client worked in a security brokerage firm where there was an indictment for embezzling $350,000 from the employer (and more specifically two account holders within that brokerage firm).
I was able to persuade the United States Attorneys Office to not assess any aggravating factors against the client (for “more than minimal planning” and an “abuse of trust”). Initially, the client was sentenced to 366 days in prison but I was able to secure a significant delay in the client having to start the prison sentence, during that delay full l restitution was made and then the sentence was modified and reduced to a non-prison, supervisory disposition. The client plead guilty to embezzling $350, 000 and did not have to serve a day in jail.

U.S. v. K. Williams U.S. District Court, Southern District of Florida 16-20288 CR Moore

Client was accused of a drug conspiracy and being in possession of a firearm which triggered an additional 5 year minimum mandatory penalty that must be served consecutive to time served on the drug charge ( called a “924 (C) enhancement ).
I was able to persuade the United States Attorneys Office to abandon the firearm charge by convincing them it was an improper exercise of discretion to pursue my client so aggressively. The client not only was was spared an unnecessary 5 year exposure but also received a superior sentence since he was now in the position to get a mitigating “acceptance of responsibility” reduction.

State v. E. Ruffin Miami-Dade Circuit case F15-14096 A

Client, along with a co-defendant, were accused of second degree murder and three counts of attempted first degree murder.
The prosecution dropped the case as the jury trial was about to start. The case was abandoned because an aggressive defense strategy was worked up in such a way that the prosecution completely lost confidence in their ability to go forward. A demand for speedy trial was made which precluded the prosecution from doing what they wanted to do. While my client’s case was dropped, the co-defendant’s case was not and he was prosecuted.

State v. C. Nobles Miami-Dade County case F16-14258

Client was accused of selling cocaine by a cooperating witness.
When it was established that the cooperating witness was lying, the prosecution dropped the case.

State v. M. Hernandez Miami-Dade County case F15-12122A

Client and girlfriend were accused of running an illegal growhouse with a “trafficking” amount of marijuana thereby facing a 3 year minimum mandatory prison sentence.
I was able to convince the arresting police and the prosecution that the client was not in the business of selling marijuana and that the amount was simply for personal use. The case was settled where the prosecution reduced the charge and the client received probation and no conviction. His girlfriend’s case was completely dropped. There was no cooperation involved.

U.S. v. J Hilaire US District Court, Southern District of Florida case 15-20873 CR Seitz

Client was accused of a $35,000 fraud and, due to continuing drug use, had her bond revoked and was facing an enhanced penalty.
After a lengthy sentencing hearing, I was able to evoke sympathy from the court and prevented the client from doing any prison time…over the government’s objections.

State v. R. Flor Miami-Dade County case B16-13479

Client was initially under investigation of aggravated assault with a firearm.
I was able to convince the prosecution to file lesser, misdemeanor charges and then , when I caught the prosecutor making misrepresentations in court, the case was dismissed.

State v. K. Augustin Miami-Dade Circuit court case F14-25661

Client was accused of two counts of carrying a concealed firearm
He was acquitted by a jury on both counts

State v L Stein, Broward County Circuit case number 07022026CF10A

Client charged with trafficking of oxycodone, possession of alprazolam, possession of drug paraphernalia.
Acquitted by a jury on all counts.

State v. J. Gelin , Miami-Dade County circuit case F16-6600

Client was arrested for attempted first degree murder.
The prosecution was persuaded to not file charges after I pointed out self defense and significant credibility issues.

State v. L Montague Broward County Circuit case 14016377CF10A

Client was accused of “felony battery”.
Prosecution dropped the case because I was able to convince the prosecution that the client that was accused of “felony battery” was a mutual combatant and entitled to defend himself from the alleged victim’s aggression.

State v. J. Pitts Broward County Circuit case 14008553CF10A

Client was accused of living off of the proceeds of a prostitute (pimping).
The case was dropped because I was able to convince the prosecution that the sole accuser, a prostitute, was not worthy of credibility. An extensive investigation revealed that her account of the allegations was wholly inaccurate.

U.S. v S Murray U.S. District Court, Southern District of Florida case no 15 CR 20755 FAM

Client was indicted for massive drug (MDMA/Molly) and money laundering conspiracy.
The bottom of his sentencing guidelines was 138 months. At a sentencing hearing, the court granted a “variance” and sentenced him to 50 months based upon mitigating circumstances (there was no cooperation)

State v W. Morency Madison County circuit case 15000358CFAXMX

Client was an eighteen year old passenger in a car stopped by Florida Highway Patrol. Underneath his seat was a trafficking amount of Codeine, marijuana and the interior and trunk were filled with several documents relevant to identity fraud (drivers licenses, credit cards, social security numbers, money orders, etc.).
• This case took place in rural Northern Florida where it is routine for Federal authorities to have interests in taking over these types of cases (which would involve much more harsh penalties and minimum mandatory prison sentences) .
• Through discussions with the prosecution, local State authorities agreed to not transfer the case into the federal system, “trafficking” charges were not filed and a resolution to a withhold of adjudication and probation, as a “youthful offender” (giving the client an eligibility to seal his record upon successful completion of the sentence) was reached.
• This plea did not involve any cooperation against the co-defendant.

State v D. Harris Miami-Dade County case 0460XFE

Client accused of DUI (refusal ) and driving on a suspended license.
Acquitted by a jury after the jury only deliberated 15 minutes

State v S. Muldrow Miami-Dade county Circuit case F15-17210

Client was accused of “lewd and lascivious assault”.
The case was based upon the credibility of the accuser who, upon aggressive cross examination by defense counsel, recanted during the deposition process resulting in the prosecution dropping the case.

State v R. Harris Broward Circuit case 15013467 CF10A

Client was accused of “possession of cocaine”.
The appearance of the police’s initial stop of the client was that it was improperly based upon sexual orientation and homophobia as opposed to legitimate probable cause. The screening assistant state attorney agreed resulting in a successful lobbying effort to convince the prosecution to not file charges.

State v I. Pierre- Miami-Dade county Circuit case F15-20139

• The client was arrested for two counts of attempted second degree murder
• The client was in a shootout where the alleged victims were struck by bullets
• The sentencing exposure was two separate 25 year minimum mandatory penalties and there is supposed to be an ineligibility for any bond
• The client was released within a week of his arrest on a $25,000 bond and the prosecution was convinced that the arrest was unsubstantiated due to Florida’s “Stand your Ground” law
• The prosecution declined to prosecute after two months of negotiations

State v J. Birdsong- Broward County Circuit case 14005868CF10A

• Client was charged with Trafficking of oxycodone and facing a 3 year minimum mandatory penalty
•Arrest was made pursuant to a traffic stop where the drugs were found in the car
The minimum mandatory penalty waived and client was sentenced to “drug offender probation

State v F. Henriquez – Miami-Dade County Case: F11-19716-B

• Attempted murder of a law enforcement officer, armed robbery, armed burglary
• In a high profile case that triggered national attention, the client and another were accused of shooting and almost killing a vacationing New York detective.
• The client had a significant prior record including manslaughter, fleeing a police officer and possession of a firearm by a convicted felon..He was also out on bond on a separate armed robbery case.
The cases were plea bargained to 15 years due to the defense creating critical flaws in the prosecution’s theory of their case (the co-defendant received 25 years)

State v N. Hashmi – Miami-Dade County Case: F11-287678

8 million dollar Medicare fraud case
Resolved to 3 years probation (no cooperation, case addressed on it’s merits)

State v T. Millard – Miami-Dade County Case: A1M13GP

5th DUI involving an accident
Case reduced to a reckless driving

State v M. Dipaolo – Miami Dade County Case: F14-4860A

• Possession of cocaine
• Possession of marijuana
Case was withdrawn by the prosecution after defense discovered police conduct

State v M. Foster – Miami-Dade County Case: M12-28743

Domestic violence, battery case
Prosecution was persuaded to not file charges despite arrest by police

State v A. Alhindawi – Miami-Dade County Case: F13-21664B

Possession of heroin
Prosecution was persuaded to the drop case due to the lack of credibility of the police testimony brought out by the defense

State v Villbrum – Palm Beach County Case: 50-2014-CF-002229-AXX-MB

Felony criminal mischief
Prosecution agreed to drop case and stipulated to the merits of the defense’s position

Investigation of claimant J. Black – State of Florida Div of Fraud Case: 2012-624-48-8757

$25,000 unemployment compensation fraud criminal investigation
Was able to persuade investigators to not make an arrest and resolved civilly

State v T. Silva – Broward County Cases: 14003090CF10A

Writing a Threat to Kill
Client was arrested for three spate incidents, was initially accused of attempted murder, court made a finding of no probable cause for attempted murder, trial judge released client on a reasonable bond and ultimately, all three cases were dropped.

State v T. Silva – Broward County Cases: 14003047CF10A

Aggravated Assault w/Firearm
Client was arrested for three spate incidents, was initially accused of attempted murder, court made a finding of no probable cause for attempted murder, trial judge released client on a reasonable bond and ultimately, all three cases were dropped.

State v T. Silva – Broward County Cases: 14001729CF10A

• Battery
• Aggravated Assault w/Firearm
• Resist/Obstruct W/O Violence
• Aggrav Battery w/Deadly Weapon
• Felony Causing Bodily Harm
Client was arrested for three spate incidents, was initially accused of attempted murder, court made a finding of no probable cause for attempted murder, trial judge released client on a reasonable bond and ultimately, all three cases were dropped.

U.S. v C. Lattimore – U.S. District Court, Southern Dist of Florida Case: 12-20690-Cr-Moreno

Possession of a firearm by a three time convicted felon.
Acquitted

U.S. v K. Wright – U.S. District Court Southern District t Of Florida Case: 15-60107-CR-Cohn

Nine million dollar identity fraud case.
Court awarded a nine year downward departure /variance reducing the sentence from a guideline range of sixteen years (at the low end of the range) to seven

State v M Nebber – Miami-Dade County Case: F15-3773

Client initially arrested for battery on a law enforcement officer and resisting arrest without violence.
Was able to persuade the prosecution to not file the battery on a law enforcement officer charge and was able to enroll client is a pre-trial diversion program (conditionally dropping the case) despite an objection by the arresting officer.

U.S. v J. Lopez – U.S. District Court. Central District of California Case: SA-CR-1200085-16

Million dollar “corporate diversion” case
Client received probation by challenging aspects of the case on it’s merits (there was no cooperation)

State v T. Brantley – Broward County Case: 11003451CF10A

Possession of cocaine with intent to distribute
Acquitted after trial

State v J. Ditel – Broward County Case: 12001909MM10A

2nd DUI
Acquitted after trial

State v C. Jennings – Miami-Dade County Case: F10-27472-B

Trafficking of 10 kilograms of cocaine
Jury returned a lesser offense of “attempt” thereby eliminating a 15 year minimum mandatory penalty

State v C. Augustine – Broward County Case: 09009843CF10A

2 counts of aggravated assault with a firearm
Acquittal after trial

State v D. Gray – Miami-Dade County Case: F09-5787

Armed robbery, armed burglary armed kidnapping
Acquitted after trial

State v R. Martinez – Broward County Case: 12021200MM10A

Indecent exposure/ committing a lewd act
Acquitted after trial

State v A. de la Luna – Broward County Case: 13010113CF10A

Initially charged with “capital sexual battery” and “lewd and lascivious assault”
Case reduced to misdemeanor battery with 6 months of probation

State v P. O’Neill – Broward County Case: 12023888MM10A

Resisting arrest without violence/ disorderly conduct
Acquitted after trial

U.S. v B. Williams – U.S. District Court, Southern District of Florida Case: 15-60074 Dimitrouleas

Possession of cocaine with intent to distribute
Convinced court to not sentence client as a “career offender’ resulting in a 7 year downward departure/variance from the sentencing guidelines

State v J. Brelange – Miami-Dade County Case: F14-6846

Client initially charged with capital sexual battery and lewd and lascivious assault upon a minor
Case was reduced to a felony battery charge with a withhold of adjudication and probation