State v. C.B.
Defendant was involved in a minor accident with a deputy. Deputy detected the smell of alcohol and charged defendant with DUI. Defendant was extremely polite and respectful, but did not perform field sobriety tests (FST). Judge ruled that evidence was insufficient and case was dismissed.
State v. P.M.
Defendant and friend were questioned by police at a convenient store. Shortly thereafter, defendant was stopped and charged with DUI. Motion to suppress was filed. Case was dismissed. Similar motion was presented at DMV hearing and license suspension was overturned.
State v. P.W.
Defendant was stopped at 4:00 am for alleged improper driving. Defendant’s breath result was 0.19%. Defendant appeared in court without counsel and pled guilty. Judge informed the defendant that his driving privileges would be suspended for ten years; assessed a $4000 fine; and ordered defendant to serve thirty days in jail. Defendant asked court to withdraw his plea, so that he could hire an attorney. After viewing digital video, a motion to suppress was filed. Court granted the motion and the DUI charge was dismissed.
State v. D.D.
Defendant was stopped for alleged violation of the “move over” law. Defendant was charged with DUI and refusal to submit to breath testing (second offense). Based on the evidence, a motion to dismiss was filed. After reviewing motion, prosecutor offered to amend DUI to reckless driving. Defendant accepted offer. Court withheld adjudication on charge and refusal citation was dismissed.
State v. L.R.
Defendant was charged with third DUI violation and faced a ten-year license revocation. Prosecutor believed defendant was clearly impaired and would not agree to any amendment or reduction of the charge. Case proceeded to trial and defendant was found not guilty.
State v. J.P.
Defendant was charged with third DUI in less than two years. Prosecutor was seeking extended period of incarceration and five year license revocation. Case proceeded to trial. During the trial, the State offered to reduce charge to reckless driving and defendant accepted the plea. Defendant suffered no license revocation or incarceration. Defendant had to complete fifty hours of community service and attend DUI school.
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State v. C.B.
Defendant was charged with 19 counts of burglary and theft with co-defendant. Investigating officer was immediately contacted and acknowledged that defendant was cooperative after arrest. This was used to negotiate a plea in which the court withheld adjudication on all counts and placed defendant on probation. The co-defendant was sentenced to 8 years in the Florida State Prison for the same charges.
State v. C.O.
Defendant was charged with delivery of cocaine. Defendant was previously convicted for the same charge and faced up to 15 years in prison. Case was vigorously defended and the truthfulness of the confidential informant was challenged. On the morning of trial, the prosecutor offered a plea negotiation which called only for probation. My client and I rejected the offer, as our preparation indicated that we could prevail at trial. Before the trial began, the prosecutor dismissed all charges.
State v. R.B.
Defendant was charged with a first degree felony (30 years) for an alleged organized scheme to defraud, together with four other felony charges. A successful plea negotiation was achieved and the defendant was placed on probation for five years. The Court also withheld adjudication of guilt and accordingly, the defendant is not a convicted felon.
State v. B.F.
Defendant went through airport security with a large hunting knife in his carry-on baggage. He was charged with carrying a concealed weapon. We were able to convince the prosecutor that the action was unintentional and case was dismissed.
State v. C.D.
Defendant was charged with domestic violence/battery involving his adult daughter. We were able to convince prosecutor that the alleged victim initiated the confrontation and the charge was dismissed.
State v. L.M.
Defendant was in Tampa for the Super Bowl and was extremely intoxicated. Defendant was involved in a confrontation with a cab driver and charged with several offenses, including robbery and theft. He was facing five years in prison. After lengthy negotiations, the State agreed to place the defendant in the Pre-Trial Intervention program. The defendant successfully completed PTI and the records have now been expunged.
State v. W.J.
Defendant was involved in an altercation at a bar. The defendant punched the alleged victim, knocking him unconscious and lacerating his cheekbone. He was charged with felony battery and faced a minimum of 54 months in the Florida State Prison because of his lengthy prior record. Witnesses were presented for the defense indicating that the “victim” initiated the confrontation. The charge was ultimately dismissed.
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JOSEPH E. FRANK, PA