Dissolution of Marriage in Favor of our Client

Brevard County

Dissolution of Marriage

Before trial former spouse was requesting alimony, attorney’s fees and a 50% share of client’s retirement account. After a full trial, the Court ruled that the client did not have to pay alimony or attorney’s fees and awarded a distribution of the retirement account which favored our client.

DUI Restitution Hearing

Seminole County

Restitution hearing after a DUI

Client was notified that the victim was requesting over $19,000 in restitution as a result of an automobile crash involving a DUI.  After a full hearing, the total amount awarded for restitution was less than $5,000.  In addition, the client was allowed to make periodic payments so that his license would not be suspended.

The George Zimmerman Case

The George Zimmerman Case: The Foreseeable Outcome to a Dangerous Equation

It is easy and convenient to blame George Zimmerman for the tragic death of Trayvon Martin, an unarmed 17 year old who Mr. Zimmerman mistook for a potential criminal.  After all, George Zimmerman chose to arm himself with a handgun when he decided to patrol his neighborhood looking for would-be criminals.  He spotted Trayvon Martin and assumed that Trayvon was a potential criminal.  He ended up shooting and killing Trayvon, who was not armed and not doing anything wrong.  But, while it feels intuitively good to blame George Zimmerman, is that where the story ends?  Or, should we consider the reasons that may have led to George Zimmerman acting as he did?  In fact, it may be that George Zimmerman was acting within the law.  His conduct may have been permitted under the law.  Furthermore, the laws that allow Zimmerman to act as he did may have led to this foreseeable tragedy.  Whether we like it or not, the recipe for this disaster has been in play for a while.  It was only a matter of time before someone stepped into the minefield where stereo-types, flawed human judgment and gun rights intersect.  George Zimmerman just happened to be that person.  George Zimmerman will come and go.  However, the underlying issues will inevitably lead to more tragedy, unless we use this as an opportunity to effectuate change.

Florida has enacted a pro-gun-rights law known as the “Stand Your Ground” law.  This law allows someone like George Zimmerman to stand-up to a would be threat without having to retreat – even if that means using deadly force.  The law at its heart is the old self-defense law, but does not require one to retreat away from a potential threat.  Furthermore, anyone who fits under this law is not to be arrested or prosecuted for killing another person, as that person is immune from such.  In fact, a law enforcement entity that fails to abide by this law may be subject to a lawsuit from the arrestee.  If a person is arrested under this law, the person doesn’t have to wait for a jury to hear a self-defense claim.  The person can petition the court for immunity and may have the case thrown out even prior to a trial.  Even if the Judge doesn’t agree to throw out the case, the person can still present a traditional self-defense claim at trial.

In plain language, the law allows a person to kill another person who is reasonably perceived to be a threat.  In the case of George Zimmerman, if he reasonably perceived Trayvon Martin to be a threat, he may have been authorized to use force.  We don’t know all the facts to determine whether it was reasonable to perceive Trayvon Martin as a threat.  What we do know is that two law enforcement agencies investigated the case, the Sanford Police and the Seminole County State Attorney’s office.  Both agencies apparently concluded that George Zimmerman was immune from prosecution under the Stand Your Ground law, and refused to arrest him.  It wasn’t until the public outcry over the tragedy caused the Governor’s Office to appoint a special prosecutor that a charge was brought.

The Governor’s Office is walking a tight-rope here.  They have to satisfy the angry cries of the public that feel that there was unfair racial profiling at play.  At the same time, the Governor doesn’t want to upset his supporters by using the Stand Your Ground law to exonerate George Zimmerman and cause a backlash against the law.  The best result: blame George Zimmerman.  Call him a racist who doesn’t fit under the Stand Your Ground law.   The unfortunate result of this approach is that it will ignore the real underlying problems of race and gun rights that really are at the heart of this case.

Driving 111mph in a 70mph zone, Dismissed

Orange County

Infraction Hearing/Speeding

Case Summary: Client accused of driving 111 miles per hour on a 70 mile per hour road. Case was set for an infraction hearing to challenge the speeding ticket.

Result: Case was dismissed.

Florida Crime Rate Lowest in 41 Years

The Florida Department of Law Enforcement’s Uniform Crime Report shows that Florida’s crime rate is the lowest in 41 years.  Although, a few numbers increased here and there for some areas of the state, Florida’s crime rate has consistently dropped for the last two decades and continues to decrease annually.

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Physicist Uses Expertise to Beat Traffic Ticket

A physics teacher in Southern California beat a $400 traffic ticket by using his knowledge of linear and angular motion.

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Tags: physicist, traffic ticket

Client Caused Accident With Suspended License

Criminal Defense

Orange County Court

Driving While License Suspended (with knowledge), Failure to Yield (accident w/Injuries)

Summary of facts:  Client was accused of turning left into oncoming traffic, causing an accident with injuries – and was issued a citation as such.  The police on scene determined that the clients driver’s license was suspended, and noted that the client had a prior Driving While License Suspended charge in 2009.  The client was arrested and charged with Driving While License Suspended (with Knowledge).  The initial plea offer from the State called for 10 days jail.  We rejected the offer and prepared the case for trial.  Several defenses were developed including the use of the accident report privilege, a corpus delicti challenge, speedy trial, and a challenge as to whether the State could prove knowledge.

Disposition: At trial, the state dropped the charges.  The client obtained a valid license and only had to pay court costs of $300 (with adjudication being withheld) for an amended lesser charge of No valid Driver License.

DUI with a .09 Blood Alcohol Content

Criminal Defense

Orange County Court

Charge:  Driving under the Influence – First Degree Misdemeanor

Summary of facts:  Our client was charged with driving under the influence with a .09 blood alcohol content.

Result:  The case was resolved with a lesser charge of reckless driving.

Battery- Domestic Violence

Orange County Court

Charge: Battery- Domestic Violence; First Degree Misdemeanor

Summary of facts: Our client was charged with a physical altercation with her husband in front of their child.

Results: Charges dropped.

Drug trafficking: 28 grams or more of hydrocodone

Criminal Defense

Orange County Circuit Court

Charge:  Client was charged with trafficking 28 grams or more of Hydrocodone which is a first degree felony and yields a twenty-five year minimum mandatory sentence.

Summary of facts:  Client was charged with obtaining and possessing more than 28 grams of Hydrocodone from a CVS pharmacy.

Result:  Client served no jail time and resolved the case with a lesser included charge.