| Featured Settlements and Verdicts | |||
| DUI TRIAL: NOT GUILTY | |||
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We were retained to represent an accused man charged with DUI. At approximately 3:00 a.m our client was stopped for allegedly traveling 103 mph on Phillips highway in Jacksonville Florida. The officer indicated that our client was traveling at a high rate of speed and could not maintain control of his vehicle. When the officer pulled our client over, he noticed that he was wearing sunglasses, had an odor of an alcoholic beverage, exhibited slurred speech, and was slow and lethargic.Our client was asked to step out of the vehicle and asked to perform Field Sobriety Exercises. Our client consented and although there was no audio of the incident there was video evidence of our client performing the requested exercise. |
After failing to complete the exercises to the officers' liking he was arrested and transported to the Ducal County Jail for booking and a breadth test. Although our client blew into the machine multiple times, the officers believed he was manipulating the mouth piece and cited with refusing to provide a valid breath sample. After months of litigating numerous pre-trial issues such as an alleged confession that our client made indicating that he was drunk, and the admissibility of the alleged refusal to submit to a breadth test, a trial was set and a jury was picked to decide the facts. The Jury reutrned a NOT GUILTY verdict and our client was exonerated on all charges. |
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| DRUGS CHARGES AGAINST PREVIOUSLY CONVICTED FELON IN POSSESSION OF A FIREARM: ALL CHARGES DROPPED | |||
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Our law firm was retained by a client arrested via search warrant in his apartment. Upon the arrival of officer to the scene, our client was found in his bed. Upon a search of his apartment officers discovered 63 ecstasy tablets, 3 grams of cocaine, 12 baggies of Marijuana, a quantity of crack cocaine, assorted drug paraphernalia, and a number of handguns, assault rifles, and ammunition. |
After the initial discovery process was completed, in which we gathered all necessary documents, we were able to prove to the court that the warrant granted to search our client's residence was not effectuated lawfully and was therefore invalid. As a result of the invalidation of the search warrant, all evidence seized from our client's residence was held to be the fruit of an unlawful search. All charges against our client were dropped. |
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| BOATING UNDER THE INFLUENCE, CASE NOLLE PROSSED AFTER PRESENTING EXTENSIVE MITIGATION | |||
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Our client was arrested for boating under the influence on Memorial Day weekend. The Florida Fish and Wildlife Commission noticed indicators of impairment, as well as a trash bag filled with empty beer cans. The FWC asked him to perform field sobriety exercises, our client complied. The exercise results were later used to provide evidence of probable cause for his arrest. After being transported to the county jail, our client refused to provide a breath sample. |
We provided the state with extensive mitigation materials, including our client's achievements throughout his career as a navy serviceman, as well as an outline of the various problems with the proof the state intended to present against him. After several meetings with the assistant state attorney's office, all charges against our client were completely dropped, saving his career. |
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| FERRELL V. STATE, NO. SC07-92, NO. SC07-1447, SUPREME COURT OF FLORIDA, 2010 FLA., LEXIS 42L 35 FLA. L. WEEKLY S 53, DECIDED | |||
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Death penalty reversed. Inmate was on death row for fourteen years. Successfully argued that the failures of trial counsel regarding the lack of investigation into mitigation and the failure to |
object to even one of the clearly improper remarks left the state's case virtually untested and the Fla. R. Crim. P. 3.850 motion was granted with regard to the penalty phase. |
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| SPENCER V. STATE, 889 SO. 2D 868 (FLA. 2ND DCA 2004) | |||
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Reversed and remanded for evidentiary hearing. The denial of the claims of ineffective assistance based on the alleged failure to inform defendant that insanity was a defense and to have defendant psychologically tested was reversed and the case |
was remanded for reconsideration of those claims. The denial of the claim that counsel was ineffective for failing to file a motion to suppress was reversed and the case was remanded with directions. |
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| SEARS V. STATE, CASE NO.: 16-2006-CF-18466 | |||
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Fifteen year sentence reversed. New trial awarded based on ineffective assistance of counsel in failing to object to Richardson violation of a state witness not previously discovered to defense and used to rebut defendant's defense of entrapment |
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