| Case: STATE V. M.F. | Judge | |
| Facts: | Attempted First Degree Murder with a Gun | |
| Result: | The defendant was charged with attempted first degree murder with a gun and facing life in prison. The defendant was alleged to have gone over to someone’s trailer to collect money. The defense alleged at trial, the victim pulled a weapon first in a scuffle and the defendant acted in self defense by shooting the individual to protect his life. He was found not guilty. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Case: STATE V. J.C. | Judge | |
| Facts: | Aggravated Assault with a Firearm | |
| Result: | The defendant was charged with aggravated assault with a firearm facing a three year minimum mandatory prison sentence. At trial, the victim, who was the ex-girlfriend of the defendant, stated the defendant pulled a gun on her. She told police the gun was positively black, yet the gun found by police was bright silver. The defendant also testified about their rocky relationship prior the allegation. The defendant was found not guilty. | |
| Case: STATE V. C.T. | Judge | |
| Facts: | Aggravated Battery | |
| Result: | The defendant was charged with aggravated battery which she faced up to 15 years in prison. The defendant testified she and the alleged victim had numerous problems in the past and that the entire story was a lie. Also, the defense pointed out to the jury that the victim had no visible injuries to corroborate her story to the police. The defendant was found not guilty. | |
| Case: STATE V. C.M. | Judge | |
| Facts: | Lewd and Lascivious Sex Acts with a Child Under 16 Years Old | |
| Result: | The defendant was charged with Lewd and Lascivious Sex Acts with a Child Under 16 years old. He faced 30 years in prison. At trial, the defendant testified that he did not commit the acts alleged and that the child was lying due him being a strict step parent. The defense argued that was her motive to lie and fabricate the story. He was found not guilty by the jury. | |
| Case: STATE V. J.G. | Judge | |
| Facts: | Second Degree Murder, Being a Convicted Felon in Possession of a Firearm | |
| Result: | The defendant was charged with second degree murder and being a convicted felon in possession of a firearm. The defendant faced life in prison. The two counts were severed and the State tried the defendant on the felon in possession charge first. At trial, the defense was able to impeach witness after witness as their stories contradicted each others on major points. The primary defense in the case was that the defendant only grabbed the gun and shot the victim out of “necessity” to protect his relative who was getting beat up in the street. The jury found the defendant acted out of “necessity” under the law and found him not guilty. He later received probation and not one day in jail on the murder charge as none of the witnesses were credible after the first trial. | |
| Case: STATE V. A.R. | Judge | |
| Facts: | The defendant was stopped by the police as he was walking down the road to watch a meteor shower on the beach. The police found him to appear suspicious and patted him down. In doing so, they found a glass pipe commonly used for smoking marijuana. The defendant was charged with possession of drug paraphernalia. | |
| Result: | Prior to trial, the defense argued there was no reason to have patted him down under Florida law as he did not appear to be armed and dangerous. Thus, there was unreasonable search and seizure. The charge was Dismissed. Read the paraphernalia was not being used for the purpose of "illicit drug usage." | |
| Case: STATE V. E.S. | Judge | |
| Facts: | Felony Animal Cruelty | |
| Result: | The defendant was charged with felony animal cruelty for allegedly throwing cats out his car window on a busy highway. He faced five years in prison. The defendant testified at the trial that the stray cats were actually hiding under the truck as they always hid under his truck at his trailer park as they did under other cars in the park. The defense also argued it was ridiculous to believe a defendant was throwing cats out his window as the two witnesses testified during rush hour on the busiest street in the county with hundreds of people to see the alleged crime taking place. The jury did not believe the witnesses and the defendant was found not guilty. | |
| Case: STATE V. E.W. | Judge | |
| Facts: | Robbery in the Second Degree | |
| Result: | The defendant was charged with robbery in the second degree and faced up to 15 years in State prison. He was alleged to have robbed a jewelry store. An FBI agent became involved in the case and showed only one picture of a suspect to the victim in the store. That picture just so happened to be the defendant so she said it was him who robbed her. At trial, the defense argued the agent should have showed a photo pack with more than one picture and only showing one photo was very suggestive. The jury agreed and found the defendant not guilty. | |
| Case: STATE V. M.H. | Judge | |
| Facts: | Lewd and Lascivious Act on a Child Under 16 Years Old | |
| Result: | The defendant was charged with Lewd and Lascivious Act on a Child under 16 years old. The defendant faced up to 15 years in prison. At trial, the defendant testified the alleged act never took place and that his teenage daughter hated him for always trying to discipline her. The defense was able to impeach her with her pre-trial testimony numerous times to attack her credibility. The jury believed the defendant and found him not guilty. | |
| Case: STATE V. K.S. | Judge | |
| Facts: | The police conducted a traffic stop on the defendant's car for a seat belt violation. When the officer approached the car, he smelled an odor of marijuana coming from inside the vehicle. The officer had the defendant step out of the car and then noticed marijuana in plain view on the rear left rear floor board in a zip locked bag. The defendant admitted the marijuana was his for personal use. The defendant was charged with possession of marijuana. | |
| Result: | The defendant received No criminal conviction for a drug charge and the firm also saved the defendant from losing his driver's license for two years by not being convicted of said drug charge. | |
| Case: STATE V. J.M. | Judge | |
| Facts: | Felony Leaving the Scene of an Accident | |
| Result: | The defendant was charged with felony leaving the scene of an accident. He faced up to five years in prison. At trial, the defense argued the defendant did not leave the scene and simply went down the road to call for help. The jury found him not guilty. | |
| Case: STATE V. R.F. | Judge | |
| Facts: | Grand Theft, Burglary of a Structure | |
| Result: | The defendant was charged with grand theft and burglary of a structure. The defendant was facing ten years in prison. The State could not prove its case beyond a reasonable doubt based on inconsistencies the defense was able to point out to the jury and the jury found the defendant not guilty on both counts. | |
| Case: STATE V. C.S. | Judge | |
| Facts: | Aggravated Battery with a Deadly Weapon | |
| Result: | The defendant was charged with aggravated battery with a deadly weapon (a knife). He faced up to 15 years in State prison. The defendant was cab driver who picked up some drunken men. They got very rowdy in the cab and he asked them to get out. The men refused ton leaved the taxi and they all jumped him. He then pulled a knife in self defense cutting one of the men. At trial on cross examination, all the men in cab gave different versions of what happened outside the taxi prior to and during the stabbing. The jury found him not guilty. | |
| Case: STATE V. J.T. | Judge | |
| Facts: | Lewd and Lascivious Act on a Child Under 16 Years Old | |
| Result: | The defendant was charged with lewd and lascivious act on a child under 16 years old. The defendant was facing up to 15 years in the State Prison. At trial, the defense was able to impeach the alleged victim with inconsistencies in her statements on cross examination. The jury found the defendant guilty of a lesser charge, misdemeanor battery, and he received probation and not one day in jail. | |
| Case: STATE V. H.M. (NOT JURY TRIAL) | Judge | |
| Facts: | Felony Fleeing, Eluding the Police | |
| Result: | The defendant was charged with felony fleeing and eluding the police and faced up to five years in prison. The defendant received no felony conviction on his record, no probation, and not one day in jail. | |
| Case: STATE V. M.A. | Judge | |
| Facts: | Attempted First Degree Murder, Aggravated Battery on a Law Enforcement Officer, Grand Theft of a Motor Vehicle, Resisting an Officer with Violence | |
| Result: | The defendant was charged with attempted first degree murder, aggravated battery on a law enforcement officer, grand theft of a motor vehicle, and resisting an officer with violence. The defendant was facing life in prison. At jury trial, the defense argued the defendant acted in self defense. The defense put the defendant on the witness stand to tell his side of the story that he was just protecting himself and the jury found him not guilty on all charges. | |
| Case: STATE V. R.N. | Judge | |
| Facts: | The defendant was charged with possession of marijuana. After a lawful traffic stop, the officer observed the pot in the car. There were two individuals in the car, including the defendant. No one admitted to ownership of the drugs. | |
| Result: | On the day of trial, the defense showed the State the case law supporting our position that the defendant could not have been in constructive possession of the of the drugs. The State dismissed all the charges. | |
| Case: STATE.V. R.P. | Judge | |
| Facts: | Four Counts of Aggravated Assault with a Firearm and Shooting into a Dwelling | |
| Result: | The defendant was charged with four counts of aggravated assault with a firearm and shooting into a dwelling. She faced up to 35 years in prison, including 3 year minimum mandatory prison sentences on each aggravated assault count. At trial, numerous witnesses gave different accounts about the incident as each witness was questioned by the defense. Due to their contradictory stories and conflicts in the evidence, such as no shell casings being found by police, the jury found the defendant not guilty on all counts. | |
| Case: STATE V. P.H. | Judge | |
| Facts: | The defendant was charged with felony driving on a suspended license because his license was permanently revoked for numerous DUI's. He faced up to five years in prison if convicted. | |
| Result: | The defendant received no felony conviction, no probation, and no jail time. | |
| Case: STATE V. R.R. | Judge | |
| Facts: | Sexual Battery, Burglary with an Assault and Battery | |
| Result: | The defendant was charged with Sexual Battery and Burglary with an Assault and Battery. He faced Life in prison. At trial, the alleged victim testified that her underwear was ripped, that she scratched the defendant’s back causing severe marks, and that he broke in without permission. The two did know each other. The defendant testified she let him in the house after calling him to come over that night and the sex was consensual. Upon cross examination of the lead detective, he testified he found no ripped underwear and no scratches on the defendant’s back corroborating the victim’s story. The defendant was found not guilty on all counts. | |
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