Verdicts And Cases

May 2016

15-CF-14950 Felony VOP Judge Fuller Ft. Myers/Lee County

My client was on felony probation for felony battery. Client was ordered to successfully complete a required program. Client, however, was dismissed unsuccessfully from the program, triggering the VOP. Client scored 31 months in prison. After being retained, I was able to have the warrant dismissed, and the client did not go to prison.

15-CT-504897 DUI Damage .15 Judge Paluck Cape Coral/Lee County

Christmas Eve, December 24, at 2:30 am, LCSO deputies stopped my client on Palm Beach Blvd for expired registration. Client told deputy he was drinking at World of Beer and left his wallet there. The deputy smelled a strong odor of alcohol and observed bloodshot watery eyes. Client performed field sobriety exercises of HGN test, walk and turn, and one-leg stand. Client was arrested for DUI and refused the breath test. After I was retained and negotiated with the prosecutor, his DUI was reduced to reckless driving.

16-CT-501481 DUI Judge Paluck Ft. Myers/Lee County

Client was stopped on San Carlos Blvd while coming home after a day at the beach. Deputy stated he observed my client swerving all over the road, even crossing over into on-coming traffic. After stopping my client, the deputy stated he smelled a strong odor of alcohol and observed bloodshot, watery eyes. Client performed the field sobriety exercises of HGN test, walk and turn & one-leg stand. Client was arrested for DUI and refused the breath test. After I was retained and negotiated with the prosecutor, his DUI was reduced to reckless driving.

15-CT-100412 DUI Judge Gagliardi Lee County

My client was driving a motorcycle, entering SB I-75 from Aico road, when he lost control and crashed in a single-vehicle accident. Client was taken to the hospital by an ambulance. Police had his blood drawn for testing, which came back well above the .08. After his parents retained me, I was able to negotiate a reduction of his DUI to reckless driving.

15-MM-707 Battery Judge Swett Lee County

My client was involved in a road rage incident with another driver. My client was arrested for battery after both drivers stopped to discuss each other’s inappropriate driving abilities. After being retained, the case was dismissed.

15-CF-14950 Felony VOP Judge Fuller Lee County

My client was on felony probation for felony battery. Client was ordered to successfully complete an anger management program. However, client was dismissed from the program and scored 66 points on his score sheet and was facing 31 months prison. After being retained, I got the warrant dismissed, client reinstated and with NO prison time.

14-CF-0089 Felony VOP Judge Porter Lee County

Client was on felony probation for grand theft. He violated probation by testing positive. The violation was scoring my client into prison. After being retained, his probation was modified, and there was no prison.

15-CT-504897 DUI Property Damage .15 Judge Paluck Lee County

Cape Coral police responded to a vehicle crash at 1:38 am. Client hit a water main after leaving Diamond Billiards. The vehicle’s passengers were transported to hospitals in the area. Officers stated they observed the odor of alcohol, and bloodshot and watery eyes, and requested they perform field sobriety exercises. The client was arrested for DUI and agreed to provide a breath sample. My client blew .177 & .182. After being retained and challenging the evidence, his DUI was reduced to reckless driving.

April 2016

15-CT-504878 DUI Judge Adams Lee County

Cape Coral PD stopped my client for failing to maintain a single lane. After contact, the officer smelled a strong odor of alcohol and observed glassy, watery eyes. After performing field sobriety exercises of HGN test, walk and turn, and one-leg stand, she was arrested for DUI. After her DUI arrest, she refused to take a breath test. After I was hired, I was able to get her DUI reduced to reckless driving.

15-CF-19068 Felony VOP Judge Porter Lee County

Client was placed on felony probation for grand theft. She violated by picking up new charges. After being retained, I was able to have her VOP warrant dismissed. No VOP.

15-CT-504689 DUI Judge Hayward Lee County

Cape Coral PD observed my client exit Dixie Roadhouse at 12:45 AM. The officer followed my client and observed him weaving and varying his speed. After contact, the officer observed a strong odor of alcohol and bloodshot, watery eyes. Client performed field sobriety exercises of HGN test, walk and turn, and one-leg stand. After these tests, he was arrested for DUI and refused a breath test. After being retained, his DUI was reduced to reckless driving.

March 2016

15-CT-1277 DUI Judge Cupp Hendry County

HCSO deputy stopped my client for failing to “move over” for an emergency vehicle. Deputy stated my client had an odor of alcohol, bloodshot, watery eyes and admitting alcohol use. My client performed roadside sobriety tests and was arrested for DUI. She agreed to a breath test and blew above the legal limit. After I was retained, I filed a motion to suppress the illegal stop and the state dropped the case. We won! All charges dismissed. 3/15/2016

15-CT-504960 DUI Judge Paluck Lee County

Cape police stopped my client after she exited Rack Em’ Billiards without headlights on. Officer stated client smelled of alcohol, had bloodshot, watery eyes and admitted to leaving Dixie Roadhouse, where she consumed alcohol. She performed roadside tests and was arrested for DUI. She agreed to provide a breath sample and blew above the legal limit. After being retained, I was able to get her DUI reduced to reckless driving and secured a withhold as well, meaning no points or insurance increase. 3/14/2016

15-TR-67619 Fatal traffic crash Judge Hayward Lee County

Client was accused of turning left and violating another driver’s right of way resulting in a fatality. After being retained, we began our own investigation and discovered the driver that died was actually travelling significantly above the speed limit. All charges were dropped against my client. 3/24/2016

15-CF-18815 Felony Battery of a Paramedic Judge Porter Lee County

Client was visiting Florida from another state. Client had an altercation with law enforcement at the airport and, in the process, suffered an injury. Paramedics were called to assist my client and another altercation broke out. After being retained, I was able to get my client’s charges reduced and she is not a convicted felon!

16-CF-14437 Felony assault deadly weapon Judge Kyle Lee County

Client was arrested for felony assault with a weapon. During a domestic situation, my client armed himself with a knife. Victim told police my client grabbed her by the face and was thrown to the ground. Victim further said that my client threatened her with a knife. After I was retained, 3/01/2016, all charges were dropped.

12-CF-14176 Drug Trafficking Judge Manalich Lee County

Client was on probation for drug trafficking. After completing two years of probation, we filed for early termination of probation, and the motion was granted.

16-CT-500063 DUI Judge Gagliardi Lee County

Client was stopped by FHP for speeding. Trooper stated that client appeared very sleepy. Trooper said my client was unsteady on his feet and swayed while standing. He also had a strong odor of alcohol and slurred speech. Client performed roadside tests and was arrested for DUI. He refused the breath test. After I was retained and reviewed the evidence, on 3/24/2016, client’s case was reduced to reckless driving.

February 2016

14-CF-145 Felony VOP Judge Brodie Collier County

Client violated probation by leaving the state. Probation officer discovered client to be in North Carolina and client admitted. After being retained, I turned down the state’s offer of significant jail time and set the case for a hearing. On the day of the hearing, client was cleared of his violation and I got him off probation completely; no jail. He just went home. 2/17/16

15-CT-503871 DUI Judge Hayward Lee County

Client was stopped for speeding at 11 pm. Officer stated there was an odor of alcohol, and client admitted to drinking alcohol. Client performed field sobriety tests and was arrested for DUI. The entire scene was captured on video. Client also admitted to drug use. Client provided both a breath sample and a urine sample. After reviewing the evidence and video, I believed my client to be not guilty and advised her to go to trial. On the day of the trial, the state dropped all charges!

15-CT-503264 DUI Crash Judge Paluck Lee County

Client was involved in a two vehicle crash on 41 and MLK. When officer met with my client, he detected a strong odor of alcohol, and client seemed unsteady on his feet. Police began a DUI investigation. Client refused to perform field sobriety tests and was arrested for DUI. Client also refused a breath test. On 2/24/16, the state reduced the charge to reckless driving, and client was not even convicted of that lesser charge!

15-MM-24963 Domestic Violence Judge Gagliardi Lee County

Client was arrested for DV battery. Victim told the police she was grabbed by her arms and hit in her head. After I was retained and challenged the evidence, the state dropped all charges! 2/9/16

15-CT-2622 DWLS Judge Adams Lee County

Client hired me for his arrest for driving on a suspended license. The state offered jail time and I set case for trial. On the day of the trial, the state dropped case, and all charges were dismissed! 2/16/16

10-CF-14802 VOP Judge Kyle Lee County

Felony violation of probation (VOP): Client was on probation and violated by committing new law violations and had a mandatory 60 months prison sentence. On 2/1/16, after negotiation with prosecutor, I got client 30 months with 15 months credit.

14-MM-924 VOP Judge Gagliardi Lee County

Client hired me after not getting any results from a public defender. Prior to hiring me, the state’s offer was 270 days’ jail time. I got client 150 days with all credit.

07-CF-105 VOP Judge Fuller Lee County

Client was on felony probation and hired me to modify her probation. Client was paying $300 a month in restitution. After a motion to modify, the amount was reduced just $60 a month.

January 2016

Case # 15-CT-504523 DUI .15 Judge Gagliardi Lee County

A 20-year-old Florida Gulf Coast University (FGCU) student was stopped for speeding. Police smelled both alcohol and marijuana in the vehicle. Client was arrested for DUI, and her breath sample was .177, which is more than twice legal limit. On 1/28/16, I got her enhanced DUI case dropped, and she pled to reckless driving.

Case # 15-CT-2832 DUI Judge Provost Collier County

A Collier County deputy observed my client driving his vehicle on Livingston Road with a severely damaged front tire. After the traffic stop, client said he was coming from “Johnny Malloy’s.” Deputy stated he smelled a strong odor of alcohol and observed bloodshot eyes. After field sobriety exercises, client was arrested for DUI and agreed to a breath test, and the results were .085. After I was retained and challenged the evidence, the DUI case dismissed!

Case # 14-CT-503679 3rd DUI Judge Gagliardi Lee County

A 55-year-old male was stopped for failing to maintain a single lane. The entire scene was captured on video. Police reported my client had a strong odor of alcohol, slurred speech, and bloodshot and watery eyes. He was arrested for DUI and refused a breath test. On 1/26/16, his third-offense DUI was reduced to reckless driving.

Case # 15-CT-503393 DUI Judge Hayes Lee County

An FSW State College student was stopped in downtown Ft. Myers for driving without headlights. Officers smelled a strong odor of alcohol and observed bloodshot and watery eyes. Client was arrested for DUI and refused breath test. On 1/26/16, her DUI refusal was reduced to reckless driving.

Case # 14-CF-15838 VOP Judge Kyle Lee County

Client violated his felony community control. He was also a VFO and scored prison time. On 1/25/16, I got his community control modified and reduced to probation. Client was released from jail and avoided prison time!

Case # 15-CF-17854 Judge Porter Lee County

Client was arrested for DUI, DUI property damage, leaving the scene of crash, driving while license suspended, and felony possession of marijuana. All DUI charges were dismissed! Client was on one-year probation and not even a convicted felon!

Case # 15-CJ-230 Aggravated Battery with a deadly weapon Judge Sloan Hendry County

Juvenile client was involved in a domestic violence situation and armed herself with a folding knife. Police arrested juvenile client for aggravated battery as client stabbed an adult male in the back. After being retained, I prepared to file a stand your ground motion. After speaking to the prosecutor about the stand your ground motion, all charges were dropped!

Case # 15-MM-1086 Resisting Arrest Judge Cupp Hendry County

Hendry County deputies received a 911 call from a Circle K store that there was an armed robbery involving a firearm that occurred in the parking lot. A description of the vehicle was given, and my client was subsequently stopped. Client was arrested for resisting. On the day of the trial, the prosecutor dropped the case!

2015

Case # 15-MM-701 Marijuana Judge Adams Lee County

Client was stopped for speeding and arrested for marijuana as his vehicle was full of marijuana smoke! His case was dismissed!

Case # 14-CT-1567 DUI Judge Provost Collier County

Client was involved in a traffic crash. Officers believed my client was impaired by alcohol or drugs. He was arrested for DUI property damage. His breath sample was .000. His urine came back with Oxycodone. Just before jury trial, client’s DUI was reduced to a reckless driving.

Case # 15-MM-784 Marijuana Judge Burns Charlotte County

Client was stopped for speeding, and his car smelled of marijuana. After negotiating with the state’s attorney, case dismissed!

Case # 15-CT-502325 DUI Judge Adams Lee County

Client was stopped for failing to maintain a single lane. Officer stated he observed a strong odor of alcohol on client’s breath, and observed slurred speech and bloodshot watery eyes. After field sobriety exercises, client was arrested for DUI and refused a breath test. Client’s DUI was dropped and pled to a reckless driving.

Case # 15-CF-17560 Aggravated Assault with a Firearm Judge Manalich Lee County

Client was having a domestic dispute with his wife and discharged his handgun. The bullet exited client’s home and entered the neighbor’s home across the street, lodging in their living room wall. Even though felony with mandatory prison, I got client no prison time and he’s not even a convicted felon!

Case # 15-MM-25600 Domestic violence battery Judge Hayes Lee County

Client was arrested for DV battery. She retained me on December 2, 2015, and I got her case dropped six days later on December 8, 2015! Case dismissed!

Case # 14-CF-15614 Possession of Cocaine Judge Porter Lee County

Client was arrested for possessing 2.5 grams of cocaine. His case was reduced to misdemeanor paraphernalia. No felony and no DL suspension!

Case # 15-MM-21100 DV battery Judge Gonzalez Lee County

Client was arrested for domestic violence (DV) battery. The victim was found to have a bruise on her elbow, a lump on her forehead and a black eye. Client had barricaded himself in a bedroom, and the police knocked down the door. After I was retained, all charges were dropped!

Case # 15-CF-15131 Drug Trafficking Judge Porter Lee County

Client was stopped for no tag light. Client was driving on a hardship license. A K-9 dog did a sniff of the vehicle and alerted to narcotics. Client was arrested for having a trafficking amount of heroin. Client was also arrested for possession of controlled substances and synthetic narcotic possession with intent to sell. After being retained, all charges were dropped, including DL restrictions.

Case # 15-CT-502846 DUI Judge Gagliardi Lee County

Client was stopped for running a red light. Cape Coral police stated they observed my client to have glassy eyes and have been extremely nervous. After a K-9 search, officers found “molly’s” and needles. Client was arrested for DUI after admitting to “shooting the drugs” and refused a urine test. After I was retained and set case for trial, the case was dismissed!

Case # 15-CT-500086 DUI Property Damage Judge Paluck Lee County

Client was involved in a traffic crash by striking the rear of another vehicle. The officer believed client was impaired but not by alcohol. The officer said client seemed confused and had slow speech. Client informed the officer he had taken a lot of Ambien. After field sobriety tests, client was arrested for DUI and refused a urine sample. After I was retained, DUI was reduced to reckless driving.

Case # 15-CF-17539 DWLS HTO Judge Kyle Lee County

Client was stopped for speeding on Daniels Parkway. Client did not have a valid driver’s license and was a habitual traffic offender (HTO). After I was retained, her felony HTO case was dismissed!

Case # 15-CF-14233 Robbery with weapon Judge Porter Lee County

Client committed a robbery by holding a knife to the victim’s throat while demanding his valuables. Client was arrested and scored into 36 months prison. After I was retained, client received a downward departure and did not go to prison, but was given probation.

Case # 15-CF-15227 Battery on Law Enforcement Judge Porter Lee County

Client was on spring break and visited Mermaid Lounge & Liquors on Ft. Myers Beach. The bar’s bouncers asked my client to leave. Police were called, and client left the bar. However, after walking away, client decided to return to Mermaid Lounge & Liquors and confront bouncers. Police intervened, and a fight started. Client was charged with battery on LEO and trespassing. After I was retained, all charges were dropped!

Dismissed