On February 3rd, 2008 officers from the Boca Raton Police Department responded to an apartment complex regarding a "suspicious incident."  According to the officer's report they saw two people standing next to a vehicle drinking an open beer in violation of Boca Raton's city ordinance.  The officer approached them and when they did one individual was seen with a small plastic baggy in his hand, which he then put in his pocket.  Once the officer saw this, they then physically grabbed this individual and pulled the small baggie out of his pocket.  This later tested positive for cocaine.

The client's version of the events was dramatically different.  Moreover, one of the arresting officers was later suspended from duty for improper conduct.  Through negotiations with the Assistant State Attorney he agreed to drop the charges. 

(Case No. 2008CF0018288; Division W; Judge Sandra K. McSorley)

On October 17th, 2007 a Palm Beach County Deputy pulled over a vehicle for speeding.  During the traffic stop the officer asked if the driver had any drugs or anything in the vehicle that he should be "worried" about.  According to the officer the driver freely admitted that he had weed inside the vehicle and that the officer was free to retreive it.  The officer then serached the vehicle and found marijuana and an orange pill bottle that contained 2 Oxycodones, 9 valium, and 3 xani bars.

The client's version of the events differed greatly in that the officer did not ask him to search but instead immediately began to search his vehicle.  The vehicle was also not owned by my client and the prescriptions for these medications were provided to the Assistant State Attorney who agreed to not file the case in felony court.  Ultimately, the misdemeanor charges were dropped through negotiations 

On April 14th, 2008 a Palm Beach County Deputy reported he stopped a vehicle for no side view mirrors and driving with improper tint.  When the Deputy made contact with the driver he said the driver was making nervous movements as if concealing something.  The Deputy said he then observed in plain view a small plastic baggy containing a white powdery substance he believed to be cocaine.  He then handcuffed the driver and tested the substance which, was in fact, concaine.

My client reported a vastly different story to me which was not at all what the officer wrote in his report.  So we took pictures of the interior and exterior of the car as the condition of the car was not as the officer described.  Further, It would have been impossible to find anything on the floor of that vehicle at three in the morning with only his flashilight as illumination.  With these pictures and our side, I approached the Assistant State Attorney who aggreed and dropped the charges without any action on our client's part.

On June 20th, 2007 at 12:30 a.m. the client was stopped by Delray Beach Police Department.  The police stated that her vehicle's headlights were off and she was speeding: 54 in a 35.  The officer also noticed that here eyes were red, there was an odor of alcohol on her breath, and her speach was slurred.  The police had her perform field sobriety exercises.  The reports stated that she did poorly on each even saying the alphabet incorrectly.  She was arrested and taken to the breath testing facility where she blew a .093 and a .094.  On January 10th, 2008, we selected a jury.  After hearing all the evidence and arguments from the defense the jury returned a NOT GUILTY verdict in only 30 minutes.  The Judge even withheld adjudication on the speeding citation and the no headlight citation.        

On August 27th, a Lake Worth Officer stopped a vehicle for failing to maintain a single lane and crossing over the white line.  The driver did poorly of the Field Sobriety Exercises and was arrested.  At the Breath Testing Facility he gave two samples of breath: .111, and .116.  We filed a Motion to Suppress asking the Court to throw out all the evidence in the case.  The officer justified stopping the vehicle due to the it failing to maintain a single lane.  Case law is clear that unless a vehicle affects other traffic simply crossing over the line once or twice is not a traffic violation.  The Court agreed and suppressed all the evidence.  On January 14th, 2008 the State dropped all charges.

On November 1st, client was arrested and charged with Aggravated Stalking.  The Police Report alleged that the client had repeatedly threatened and harassed the victim.  This included one incident in October where rocks and bricks were thrown into her home smashing windows and doors.  At First Appearance Judge Ciklin found probable cause and placed a bond of $10,000.00 and House Arrest.  The next week however, Counsel approached the State Attorney who would make the decision about filing the charges and informed them of "problems" they were not aware of with regards to this victim.  After this the State entered a "No FILE" and the charges were dropped. 

On May 2nd, a Florida Highway Patrol Officer (FHP Trooper) observed a vehicle travling on Palm Beach Lakes driving across the safety zone.  Its wheels went over the grass median and then onto the gravle shoulder passing other traffic.  The vehicle then skidded down an embankment and was stuck.  Driver was described as combative and with a strong odor of alcohol on his breath.  The Trooper arrested the driver and he refused to submit a sample of his breath.  This was his second arrest for DUI within 2 years.  At the Formal Review Hearing Counsel argued that there was not enough evidence of impairment to uphold the suspension.  The Hearing Officer agreed and set aside the suspension of his license.  Thus, despite being his second arrest for DUI he got his license back. 

On August 27th, a Lake Worth Officer stopped a vehicle for failing to maintain a single lane and crossing over the white line.  The driver did poorly of the Field Sobriety Exercises and was arrested.  At the Breath Testing Facility he gave two samples of breath: .111, and .116.  At the Formal Review Hearing the Defense challenged the suspension on grounds regarding the officer's testimony as to the stop.  The Hearing Officer agreed and found "lack of the Law enforcement officer had probable cause to believe the person whose license was suspended was driving or in actual physical control of a motor vehicle while under the influence."  Suspension was overturned and client got his license back.   

CHARGES: DUI (Driving Under the Influence)
Our client was pulled over for failure to use a signal and for failing to maintain a single lane.  The Officer testified he fumbled with paperwork, admitted to drinking, and failed the field sobriety exercises -- results were .190 and .171. -- over twice the legal limit. The judge suppressed all evidence and State dropped all charges. (Case No. 2007CT012223: Division C; Judge Sandra Bosso-Pardo)

CHARGES: Domestic Battery
Officers responded in reference to a domestic dispute in which the victim alleged that he was slapped and kicked by our client causing injuries including a split lip. State declined to file charges (Case No. 05MM028487A99; Division DV/TD; Judge Sheree Cunningham)

CHARGES: Domestic Battery
Our client was allegedly intoxicated and involved in a domestic dispute in which the victim claimed she argued, hit, bit and threw a chair.  The officer observed significant bite marks on the victim. State ultimately dropped all charges. (Case No. 07MM011856AMB; Division DV/TD; Judge Sheree Cunningham)

CHARGES: Battery on Medical Care Provider (3rd Degree Felony)
Our client was alleged to have struck a medical service security officer with a closed fist at Boca Raton Hospital leaving swelling on the victim’s face. The Felony charge was reduced to Simple Misdemeanor.  The Misdemeanor charges were then later dropped by the State. (Case No. 07CF009945A99; Division U; Judge Edward Garrison)

CHARGES: Administrative Suspension of License
Our client was charged with DUI by a Florida Highway Patrol Trooper.  We challenged the charge at a Formal Review Hearing, and the Hearing Officer agreed there was insufficient evidence to support the suspension of the driver’s license. (Case No. H561-557-77-125-0: Department of Motor Vehicles)

CHARGES: Domestic Battery
Officers responded to a domestic dispute in which our client was involved. The victim alleged that she was slapped and punched by the defendant. State declined to file charges. (Case No. 07MM015714A99; Division DV/TD; Judge Sheree Cunningham)

CHARGES: Grand Theft (3rd Degree Felony)
Our client was alleged to have taken over $425 in items from Marshall’s Department Store in Delray Beach. Charges were reduced to Simple Misdemeanor. (Case No. 2007CF009465AXX: Division T; Judge Krista Marx)