We handle an array of different kinds of criminal cases. These are some of our recent results. Click on the links for more information.
The client was charged with leaving the scene of a crash with injury (a third-degree felony). In a completely circumstantial evidence case, the state literally had the “wrong guy.” Law enforcement rushed to judgment and decided because the client (who had heard almost immediately from the neighborhood) that he was supposedly involved in a car accident (when he knew he wasn’t) contacted law enforcement. The physical damage and eyewitness reports simply did not match. Additionally, the circumstantial evidence instruction came in very handy and I am glad that the court gave the instruction. Not Guilty verdict.
The client was tried as a juvenile and sentenced to 40 years. The sentence violated the Florida Supreme Court's holding in Kelsey v. State, 206 So. 3d 5 (Fla. 2016) which requires that juvenile defendant's sentencing in adult court to be properly sentenced pursuant to Chapter 2014-220, Laws of Florida (specifically, §921.1401 and 921.1402, Fla. Stat.). Appellate case. Polk County.
Writ of Habeas Corpus- Petition granted 2D17-4591 Calderon v. State 30 November 2017. The client was taken into custody and held without bond because he was 20 minutes tardy to court. Writ of habeas corpus was filed. The Second District Court of Appeal ORDERED - "Petitioner's petition for writ of habeas corpus is granted to the extent that the trial court shall, within three days, conduct a hearing to reconsider the willfulness of the petitioner's failure to appear at a June 26, 2017, court date and to assess the standard criteria for bail consistent with sections 907.041 and 903.046, Florida Statutes (2016), and Florida Rule of Criminal Procedure 3.131. See State v. Blair, 39 So.3d 1190, 1194-95 (Fla. 2010). The petitioner shall remain in detention pending the outcome of the hearing." The client was recently released from custody.
State v. Cruz 15-CF-11790 September 2017
The client was charged with sexual battery (familial authority) and attempted sexual battery (familial authority). The client was alleged to have inappropriately touched a person staying at his house. The girl claimed to be his granddaughter, but she was not related in any way. Her testimony was less than believable. A jury was selected and sworn and returned the following verdict: Ct. 1- guilty of misdemeanor battery; and Ct. 2- not guilty.
Herbold v. Cottam, M.D., P.A. 8:14-cv-264-I-36MAP 31 March 2016
The client, a dermatologist, was accused by a deaf patient of violating the rehabilitation act of 1973. The accusation was bogus. The case was tried over three (3) days in federal court. The outcome was a defense verdict.
State v. Rivas A6ML5HE Pinellas County 18 January 2018
The client was charged with driving under the influence. The client was targeted and profiled by law enforcement who was parked across the street from the nightclub. The dash camera video showed the deputy following my client for several blocks. The client's driving pattern is nearly flawless, but for coming out of a club, the deputy had no reason to stop my client. The client performed field sobriety tests for the deputy but decided not to provide a breath sample because he wanted to use the bathroom first. The verdict was not guilty.