Charge Result: DISMISSED
Charge: Misdemeanor Battery and Felony Strangulation (Domestic Violence)
Facts: Our client allegedly battered and strangled their significant other. Victim told police they could not breathe or call for help. Client confessed to striking the victim and pulling on clothing but denied the strangulation claim. We contacted the state attorney and shared additional evidence with them, including social media video of the victim the same evening showing that they had no indication of being strangled. Additionally, we provided information humanizing our client which led to dismissal of charges.
Charge Result: NO PRISON NO JAIL - PROBATION
Charges: Possession of Amphetamine, Alprazolam, Drug Paraphernalia and Firearm by a Convicted Felon
Facts: Our client was stopped legally by police in vehicle. Police smelled marijuana and the client did not have a medical card. Police searched the car and found drugs and firearms with ammunition. Because our client had prior felony convictions the state was seeking incarceration. As legal counsel we knew that the drug charges would stick however believed that we had a very good chance at winning the weapons charge at trial. We provided evidence that neither the weapon nor the vehicle belonged to our client. After lengthy negotiations, eventually the state attorney's office agreed that the likelihood of conviction was not as strong as previously believed and agreed to a probationary term.
Charge Result: PROBATION
Charge: DUI Enhanced
Facts: Client found slouched over wheel by police. Police observations: odor, confused, dazed, continuous sway, slurred speech, bloodshot eyes, constricted pupils, disoriented. Performed poorly on exercises. Performed poorly on exercises. Client provided a breath sample of .208, more than double the legal limit. Being a NHTSA instructor, Attorney Foley reviewed the administration and performance of the roadside sobriety exercises and came to the conclusion that any motions that could be argued would not be dispositive, meaning would not result in dismissal of case. A probationary period was negotiated.
Charge Result: DISMISSED
Charge: Carrying a Concealed Firearm 3rd degree Felony and Driving While License Suspended or Revoked.
Facts: Client driving w/o lights and is stopped by police. Client spontaneously utters to police his license is suspended and admits that a firearm is on the floorboard. Police request he exit and a firearm is found on his person. Although it is permissible to transport firearms in one's vehicle without a concealed weapons permit, the firearm may not be concealed under your clothes. The state normally seeks a higher penalty for individuals with a prior criminal history, like our client, however, we were able to convince the state to allow the client to enter a diversion program and the case was dismissed.
Charge Result: DISMISSED
Charge: Fraudulent Insurance Claim and False Report of Crime
Facts: Our client was accused by a large Insurance company of making false insurance claims regarding his stolen automobile. The Insurance investigator acquired a police report of the client's vehicle being towed around the same time of the alleged theft. He believed that our client damaged the car and falsely reported it stolen. There was a large amount of discovery in this case and the investigator representing the insurance company was adamant about prison time. The investigator was extremely aggressive and became angry during his deposition because he was convinced our client was guilty. That irrational behavior along with the fact that the police officer that towed the vehicle could not make a 100% identification of our client forced the state to realize that a likelihood of conviction at trial was not likely. Case got dismissed prior to the trial.
Charge Result: DISMISSED
Charge: Battery on Law enforcement and Disorderly Conduct
Facts: Client was allegedly told to leave the establishment due to being intoxicated. Management called the police to remedy the situation. Client was asked to leave by the police. Client allegedly became aggressive with police and struck the police officer twice. Upon contacting the state attorney's office we were able to have the felony charge reduced, however diversion was not given. State wanted a conviction. Our office began preparations for trial. During an investigation, we were able to locate video evidence showing that neither a battery nor a resisting charge was valid. In a compromise, the client entered pre-trial diversion and the case was dismissed.
Charge Result: DISMISSED
Charge: Aggravated Assault, Discharging Firearm in Public 10-20-Life
Case Facts: Our client allegedly pointed a firearm and shot at other individuals. The alleged victims and the police report portrayed our client to be the aggressor. We attempted to bring clarity to the situation and explain that a large group surrounded our clients relative and three people attacked the relative. Our client attempted to intervene but was unable to stop the vicious attack. Our client grabbed a weapon and ordered them to stop hitting the relative that was now on the ground. They continued and our client fired two warning shots. The state charged our client with a 20 year minimum mandatory prison sentence. First offer from the state attorney's office was 10 years in Florida state prison and was rejected by our client. Apparently they think they were doing our client a favor. We started preparing for trial and took depositions. We filed a "Stand Your Ground Motion" and the state changed the offer to 20 years Florida State Prison. Client rejected the offer and we went forward on our theory of the case; defense of another. After a lengthy court hearings but prior to the Judges ruling on our "Stand Your Ground Motion" the state agreed to dismiss the case.
Charge Result: Probation to Reduced Charge of Reckless Driving (Not a Diversion Case)
Charge: Driving Under the Influence
Facts: Trooper stopped our client's vehicle for tag light not functioning and claimed to smell odor of alcohol. Client had bloodshot watery eyes and admitted to drinking 3-4 beers. Trooper claimed that the client failed to properly perform roadside sobriety exercises. Attorney Foley contacted the state attorney's office and explained that the trooper improperly arrested our client and violated both our clients 4th and 14th amendment rights. Without our office drafting and filing motions to suppress, the State agreed to reduce the DUI charge to Misdemeanor reckless with three (3) months non-reporting probation. Client accepted the offer rather than continuing with motion and/or possible trial.
Charge Result: DISMISSED
Charge: Driving Under the Influence (DUI), Possession of Cocaine, Marijuana
Facts: Client was allegedly speeding 41mph in 30mph zone. Law Enforcement claimed that they pace clocked our client for a mile before stopping the clients vehicle. When they approached the vehicle, they smelled the odor of alcohol. Client allegedly had slurred speech, bloodshot watery eyes and admitted to drinking at a bar less than 30 minutes prior. According to the police report, the client did not perform to standard on roadside exercises and was arrested. He refused a breath test. Search incident to arrest, they found baggies of cocaine in his pockets along with marijuana and drug paraphernalia. We filed a Motion to suppress the stop. Using google maps, the in car video of law enforcement, and through cross examination the court found law enforcement to not be credible and our Motion to suppress was granted.
Charge Result: DISMISSED
Charge: Retail Theft
Facts: Security at Walmart alleged our client stole from Walmart. Police were called and a stop of a vehicle leaving the store was made. In the vehicle were two people. The male was arrested for another charge. The woman identified herself as our client. Police let her go. After police viewed the store video, our client was later arrested for the crime. Our office filed a "Not Me Affidavit" stating the person that committed the crime was not our client. The state disagreed so we began preparing for a trial. During additional meetings, we were able to convince the state attorney's office that if the case went to trial that a jury would never accept that it was our client. The reason for our strong proffer was that although both women had red hair and blue eyes and had similar facial appearances, the women were distinguishable by their weight difference of approximately 60 lbs.