-
Homicide
No Incarceration
Mr. R. was a member of a group of boys alleged to have committed the racially
motivated “Pizza Hut” homicide. Indicted for murder, the firm’s
partners successfully negotiated a resolution that resulted in no incarceration
for Mr. R.
-
Sex Crimes
Dismissed
Woman charged with 10 counts of Lewd and Lascivious Acts Upon a Child and
2 counts of felony Interference With Custody. On the eve of trial, partners
successfully negotiated a misdemeanor resolution with no penalty. The
government dismissed all 10 counts of Lewd and Lascivious Acts Upon a
Child and all other felonies.
-
Federal Crimes
Dismissed
The country’s largest cattle dealer, Mr. P. and his company, Anthony
Livestock, was charged by the Federal Government in an 13 count indictment.
The indictment alleged a scheme to defraud numerous cattle feeding companies
over a 5 year period. After the initial indictment and 4 superseding indictments
later, Mr. P. continued to maintain his innocence. After selecting the
jury and cross examining the Governments witnesses, at the close of the
Governments case, the lawyers of Funk, Szachacz & Diamond fashioned
an argument to dismiss the remaining Wire Fraud count. The former Chief
Judge of the U.S. District Court of Kansas heard arguments and agreed
with the firm that the case should be dismissed in its entirety. Mr. P.
remains free of any convictions today
-
White Collar/ Fraud
Dismissed
Mr. G. was the target of a massive investigation by the Office of the Statewide
Prosecution. The Government was alleging a 15 county fraud throughout
Florida as a result of three devastating hurricanes. The Brevard County
Sheriff’s Office assigned an Agent to work full-time to investigate
Mr. G. After the firm took the unusual step of calling the Agent and the
Assistant Statewide Prosecutor as witnesses in a pre-trial hearing and
after demanding a speedy trial, the Government abandoned its prosecution
on the morning of trial thereby completely exonerating Mr. G.
-
Federal Crimes
Acquitted
A NASA Quality Assurance Specialist working in the Space Shuttle Program,
Mr. T. was charged in a unique federal indictment alleging 166-counts
of Fraud Involving Space Vehicle Parts. He was first accused shortly after
the Space Shuttle Columbia disaster. Facing 1,600+ years in federal prison,
Mr. T. demanded his trial. Mr. T. was acquitted of all 166 crimes he was
accused of by the Federal Government.
-
Federal Crimes
Dismissed
An astute businessman, Mr. B. was charged by the Federal Government in
an 18 count indictment. The indictment was the first of its kind in the
U.S. alleging a 42 million dollar fraud involving the Federal Lifeline
Program, some calling it the "Obamaphone" prosecution. The indictment
included charges of Conspiracy to Commit Wire Fraud, Wire Fraud, Conspiracy
to Commit Money Laundering, Monetary Transactions Involving Unlawful Property,
Mail Fraud and Money Laundering. The Washington D.C. based investigation
culminated in the collection and production of 2.4 million documents.
The U.S. District Court declared the prosecution "complex, as a matter
of law." Maintaining his innocence from the day Mr. B. was referred
to the firm, Mr. B. demanded a jury trial. After two superseding indictments,
Mr. B. continued to maintain his innocence. After extensive pre-trial
litigation, including accusations of Governmental misconduct and on the
eve of trial, the Government abandoned all charges except Mail Fraud.
After selecting the jury and cross examining the Governments witnesses,
at the close of the Governments case, the lawyers of Funk, Szachacz &
Diamond fashioned an argument to dismiss the Mail Fraud. The Chief Judge
of the U.S. District Court heard arguments and agreed with the firm that
the case should be dismissed in its entirety. Mr. B. successfully recovered
all of his seized assets and remains free of any convictions today.
-
Homicide
No Incarceration
The son of a prominent doctor, Mr. M. was arrested and charged with a 1st
degree felony driving crash that resulted in death. Facing 30 years in
prison, the firm investigated and garnered a sentence involving no incarceration
for young Mr. M.
-
Homicide
Acquitted
Dubbed the "Black Widow" by the government; Ms. S. was accused
of 1st degree murder for the death of her 5th husband. After the attorneys
conducted 3 years of consultation with experts, 100+ depositions and investigation
in 5 countries, Ms. S. requested a jury trial. She had her trial and was
acquitted of 1st degree murder, walking out of the courtroom a free woman.
-
White Collar/ Fraud
Dismissed
A prominent home builder, Mr. J. was arrested and formally charged by the
Office of the State Attorney with 1st degree Organized Fraud, Felony False
Statement and 2nd degree Felony Misapplication of Funds. After the firm
conducted a massive 3.5 year pre-trial investigation and amid an ABC News
exposé on Mr. J., the Government dismissed all counts.
-
Other Cases
Dismissed
Mr. C. was arrested and charged with 2 counts of Willful Malicious Burning
of Lands in the infamous Mothers Day fires in Palm Bay, Florida which
resulted in 12,000 acres burning and over 180 homes either destroyed or
damaged. Amidst national press coverage and intense media scrutiny, the
lawyers of the firm immediately came to Mr. C.’s defense. After
conducting its own investigation and consulting with the Office of the
State Attorney, the Government dismissed all charges against Mr. C. and
publicly stated that there was insufficient evidence against Mr. C.
-
Appeals/Post Conviction
Dismissed - awarded a new trial
Mr. T. had been sentenced to 25 years in prison when he contacted Funk,
Szachacz & Diamond. After the firm conducted a complete review of
his trial and his trial counsel's performance, the attorneys confirmed
that Mr. T. had received ineffective assistance of counsel. As a result,
the firm filed a motion claiming that Mr. T.'s 6th Amendment rights
were violated and the trial court granted a hearing. At hearing, the firm
exposed the deficiencies of Mr. T.'s attorney and proved the 6th Amendment
violation. Consequently, the trial court dismissed one 25 year sentence
and awarded a new trial on the other count. Mr. T. is awaiting re-trial today.
-
Homicide
Not adjudicated guilty of any crime
Mr. D. was arrested and formally charged with 2nd Degree Murder. The firm
conducted an extensive pre-trial investigation, including important background
of the deceased and began negotiations with the State. As a result, Mr.
D. was not adjudicated guilty of any crime and did not serve one day in prison.
-
3 Counts of Aggravated Assault With a Firearm
Firearms
A prominent doctor, Dr. P. was arrested and charged with 3 counts of Aggravated
Assault With a Firearm. Although he faced a mandatory minimum prison sentence,
all of Dr. P’s accusations were eventually dismissed by the government.
-
Sex Crimes
Dismissed
A former Division 1 football player and high school coach, Mr. V. was arrested
and charged by the Government with 3 felony counts of Using a Computer
to Solicit a Child. In the face of public opinion against Mr. V., the
attorneys resolved the case in Mr. V.’s favor resulting in no felony
convictions and Mr. V serving neither jail nor prison.
-
3 Robberies with a Firearm, Kidnapping and Grand Theft
Firearms
After being identified in numerous lineups, Mr. L. was arrested and formally
charged with 3 Robberies With a Firearm as well as Kidnapping and Grand
Theft. After a contentious jury trial, Mr. L. was acquitted of all charges.
-
Sex Crimes
Acquitted
Mr. H. was arrested for 40 counts of Sexual Acts With a Minor. Maintaining
his innocence from day one, Mr. H. was acquitted of all counts after jury trial.
-
White Collar/ Fraud
Acquitted
Mr. Q. was arrested and formally charged with 5 counts of Sexual Battery
and 1 count of False Imprisonment. After the lawyers conducted an extensive
investigation, Mr. Q. demanded to have his day in court. After a jury
trial, Mr. Q. was acquitted of all Sexual Battery counts as well as the
False Imprisonment count.
-
Drugs
Dismissed
Mr. W. was arrested and charged with 6 counts of Possession of Hydrocodone.
After the firm conducted a pre-trial investigation, the Government dismissed
all 6 counts.
-
Sex Crimes
Dismissed
A tennis pro, Mr. D. was arrested and accused of 6 felony counts of Performing
Lewd Acts Upon a Minor. After nearly three years of investigation by the
firm, the government eventually dismissed all felonies against Mr. D.
-
Aggravated Assault with a Firearm
Firearms
A prominent businessman, Mr. L. was arrested and charged in Polk County,
Florida with Aggravated Assault with a Firearm. That felony carries a
three-year minimum mandatory prison sentence. After a thorough investigation
by the firm, all charges were dismissed by the Government. Further, the
firm successfully restored Mr. L.’s Concealed Firearm License.
-
Appeals/Post Conviction
Dismissed - Awarded New Trial
Minor charged with aggravated assault while discharging a firearm and was
sentenced to twenty years incarceration, with a twenty year minimum mandatory.
After the firm had conducted a review of the client and his trial, the
attorneys confirmed that cumulative procedural and substantive errors
deprived the client of a fair trial. At the hearing, the court found that
the client had established a cumulative error and granted the clients
motion for post-conviction relief.
-
Other Cases
Dismissed
Mr. W. was arrested and charged with Aggravated Child Abuse by Malicious
Punishment, Spouse Abuse and Resisting Arrest. After arguing for dismissal
in the trial court, the attorneys had to appeal to the 5th District Court
of Appeal in Daytona Beach. After the appellate court ruled, the firm
once again moved to dismiss all charges back in the trial court. Over
the Government’s objection, the trial court agreed with the members
of the firm and dismissed all charges.
-
Appeals/Post Conviction
Discharged from both accusations.
Mr. W. was arrested and charged with Armed Burglary of a Dwelling and Robbery
with a Deadly Weapon. At trial, the attorneys moved the trial court to
dismiss the case. This was denied and the attorneys took the injustice
to the 5th District Court of Appeal in Daytona Beach seeking a dismissal
based on the unusual Double Jeopardy Clause violation that occurred in
the trial court. There, the appellate court sided with Mr. W. and he was
discharged from both accusations. The case,
Wynn v. Pound, 653 So.2d 1116 (Fla. 5th DCA 1995), is an oft-cited case for
sua sponte
mistrials.
-
Armed Robbery and Use of a Firearm During the Commission of a Felony.
Firearms
Ms. W. was arrested and charged with Armed Robbery and Use of A Firearm
During the Commission of a Felony. After the firm conducted extensive
consultation with experts and witnesses, the Government agreed not to
convict her of any crime and Ms. W. served no time in jail or prison.
-
Homicide
Awarded a new trial.
At the time Mr. O. met with the firm, he had been convicted of Attempted
Murder with a Firearm and sentenced to 30 years in prison. Funk, Szachacz
& Diamond was hired as post-conviction counsel. After the firm conducted
a thorough investigation, the attorneys presented an alibi witness and
cross-examined two defense attorneys and one government attorney at an
exhaustive hearing. The firm advocated that Mr. O. had initially received
ineffective assistance of counsel. The trial court agreed and consequently,
Mr. O.’s conviction and sentence were vacated and he was awarded
a new trial.
-
Attempted Murder with a Firearm and Sentenced to 30 Years in Prison
Firearms
At the time Mr. O. met with the firm, he had been convicted of Attempted
Murder with a Firearm and sentenced to 30 years in prison. Funk, Szachacz
& Diamond was hired as post-conviction counsel. After the firm conducted
a thorough investigation, the attorneys presented an alibi witness and
cross-examined two defense attorneys and one government attorney at an
exhaustive hearing. The firm advocated that Mr. O. had initially received
ineffective assistance of counsel. The trial court agreed and consequently,
Mr. O.’s conviction and sentence were vacated and he was awarded
a new trial.
-
Law Enforcement/ Law Related
Dismissed
A former sitting Judge, Mrs. D. was charged with Battery Domestic Violence.
After the case was investigated by the firm, the attorneys successfully
garnered a dismissal of all charges against the former jurist.
-
Other Cases
Dismissed
A professional basketball player, Mr. B. was arrested and charged with
Battery on a Law Enforcement Officer and Resisting Arrest. After conducting
an investigation, the attorneys successfully negotiated a resolution that
resulted in the Government dismissing both charges.
-
White Collar/ Fraud
Dismissed
A well-respected Arizona business man, Mr. F. was the target of a Federal
investigation involving bribery and bid rigging for jet parts in the U.S.
Navy. The attorneys successfully thwarted any indictment and further criminal
prosecution.
-
Other Cases
Acquitted
Mr. L. was arrested and charged with Burglary of a Dwelling, Violation
of an Injunction and 1st degree Arson. After a long investigation by the
attorneys and a trip to the 5th District Court of Appeal, Mr. L.’s
case was set for trial. The attorneys took the extraordinary step of petitioning
the trial court to remove the prosecutor, claiming he had such a bias
that removal was appropriate. The case resulted in the attorney’s
participation in one of the most contentious jury trials ever conducted
by the attorneys. Mr. L. was acquitted of all charges.
-
Appeals/Post Conviction
Prison Sentence Was Vacated.
When Mr. B. contacted the attorneys’ office, he was serving a prison
sentence due to committing a new crime while on probation for 5 other
crimes. The lawyers appealed, arguing the “new” crime was
wrongfully found. The 5th District Court of Appeal agreed with the lawyers
and Mr. B.’s prison sentence was vacated.
-
Drugs
Dismissed All Felonies
After a large investigation by the Office of the Statewide Prosecution,
Mr. M. became a target. As a result, Mr. M. was arrested and charged with
Conspiracy to Traffic in Cannabis, Manufacture/Cultivation of Cannabis
and Accessory After the fact. The Office of the Statewide Prosecutor alleged
that Mr. M. was a conspirator in a case where 12 defendants were named
and charged. After a thorough investigation by Funk, Szachacz & Diamond,
the Government agreed to dismiss all felonies against Mr. M. He served
no additional prison or jail.
-
Drugs
No Jail or Prison Time.
Mr. G. was arrested and charged with Conspiracy to Traffic in Cocaine and
4 counts of Sale of Cocaine by the Office of the Statewide Prosecutor.
The huge investigation by the Government resulted in 6 defendants being
charged with related crimes. After the attorneys reviewed the evidence,
the Government agreed to resolve Mr. G.’s case that included no
jail or prison time.
-
Appeals/Post Conviction
Granted a New Trial
When Ms. B. contacted the attorneys, she had been convicted of 3 crimes
after a jury trial. The firm investigated the case and concluded that
Ms. B. was provided with ineffective assistance of counsel. After the
firm litigated the claim, the trial court granted Ms. B. a new trial due
to the ineffective assistance of counsel claimed and proven by the attorneys.
-
Appeals/Post Conviction
Agreed to re-sentence to probation
When Mr. S. requested help from the attorneys, he had been convicted of
Attempted Sexual Battery of a Child Under 12 and Lewd & Lascivious
Act Upon a Child and sentenced to nearly 13 years in prison. After investigation,
the attorneys filed a Motion for Post Conviction Relief claiming Ineffective
Assistance of Counsel. On the day of hearing, the Government agreed to
re-sentence Mr. S. to probation and no prison.
-
Appeals/Post Conviction
Reversal of His Conviction and Death Sentence
The attorneys were asked to serve as appellate counsel for Mr. B. after
he was convicted of two murders and sentenced to death. The attorneys
agreed to become Mr. B’s appellate counsel. They successfully briefed
and argued before the Florida Supreme Court for the unanimous 7-0 reversal
of his conviction and death sentence.
-
White Collar/ Fraud
Dismissed
A prominent European inventor, Mr. R. was accused of corporate espionage.
He was arrested and formally charged with Theft of Trade Secrets, Conspiracy
to Commit First Degree Grand Theft, Grant Theft over $100,000.00 and Organized
Trafficking of Stolen Property. After hotly-contested pre-trial litigation,
the Government conceded and dismissed all charges.
-
Other Cases
Acquitted
Dubbed “The Duck Man”- accused of cruelty to animals for poisoning
numerous Muscovy Ducks. Mr. L. was acquitted after trial despite pressure
on the Court from outraged neighbors and animal rights organizations.
-
Law Enforcement/ Law Related
Dismissed
A felony prosecutor, Mr. B. was arrested and charged with domestic violence.
After selecting Funk, Szachacz & Diamond as his counsel, all charges
were dropped against Mr. B. and he successfully practices law today.
-
Homicide
Reversal of his conviction and death sentence.
The attorneys were asked to serve as appellate counsel for Mr. B. after
he was convicted of two murders and sentenced to death. The attorneys
agreed to become Mr. B’s appellate counsel. They successfully briefed
and argued before the Florida Supreme Court for the unanimous 7-0 reversal
of his conviction and death sentence.
-
Other Cases
Acquitted
Mr. D. was arrested and charged with DUI by a Drug Recognition Expert with
the Brevard County Sheriff’s Office. Despite the Drug Recognition
Expert testimony at trial, Mr. D. was acquitted of all accusations.
-
Other Cases
Acquitted
A nurse, Mr. H. was arrested and charged with DUI after falling asleep
at an intersection in Broward County, Florida. Mr. H. was alleged to have
an unlawful breath alcohol level. After a hotly contested jury trial,
Mr. H. was acquitted of all accusations.
-
Homicide
Charges Dismissed
Young woman formally charged with DUI Manslaughter in the death of her
fiancé. After 2+ years of investigation and consultation with experts
in Florida, Washington and Michigan, Funk, Szachacz & Diamond disproved
the government’s theory and the State dismissed all charges against Ms. M.
-
Law Enforcement/ Law Related
Dismissed
Mr. M. was a certified Police Officer when he was arrested and charged
with DUI-Property Damage after an accident. Under a cloud of public skepticism
and outrage, Funk, Szachacz & Diamond successfully urged the government
to dismiss all charges against Officer M.
-
Federal Crimes
Sentenced to a Non-Prison Sentence
Mr. G. was the target of a Federal drug manufacturing investigation conducted
by the DEA and FBI. After being arrested and formally charged, the firm
successfully avoided the mandatory minimum prison sentence and Mr. G.
was sentenced to a non-prison sentence in the Middle District of Florida.
-
Federal Crimes
Dismissed
A prominent businessman, Mr. D. was the target of a Federal Fraud investigation.
After his arrest, the firm, with the assistance of experts, conducted
a thorough computer forensic investigation. Consequently, the federal
Government relented and agreed to not prosecute Mr. D. with any felonies.
-
White Collar/ Fraud
Dismissed
A U.S. Postal Worker, Ms. S. was the target of a Federal Fraud investigation.
After providing handwriting exemplars and the firm conducting pre-trial
investigation, the firm successfully thwarted any prosecution.
-
Federal Crimes
Dismissed
A well-respected Arizona business man, Mr. F. was the target of a Federal
investigation involving bribery and bid rigging for jet parts in the U.S.
Navy. The attorneys successfully thwarted any indictment and further criminal
prosecution.
-
Federal Crimes
Acquitted
An outspoken United States Postal Worker, Mr. C. was Federally indicted.
After an emotionally charged jury trial, Mr. C. was acquitted of all criminal charges.
-
Law Enforcement/ Law Related
Dismissed
A decorated 21 year police officer, Officer C. was arrested and charged
with felonies in two cases. After Funk, Szachacz & Diamond demanded
speedy trial, the Government dismissed all counts and charges against
Officer C.
-
Other Cases
Dismissed
Mr. L. was arrested and charged with Felony Battery from a violent confrontation
inside a home. The law firm, pre-trial, raised the Florida Stand Your
Ground Law. After extensive investigation and pre-trial efforts by the
firm, the Government chose to dismiss the charge instead of facing a jury.
-
Other Cases
Dismissed
After investigation for Felony Child Abuse on two children, Mr. B. was
arrested and charged by law enforcement. After the firm concluded its
investigation, all charges were dismissed by the Government.
-
Law Enforcement/ Law Related
Dismissed
A highly decorated, 17 year veteran of the Lake Mary Police Department,
Officer D. was arrested and formally charged by the Office of the State
Attorney with Felony Tampering, Felony Computer Hacking and Felony Crimes
Against Intellectual Property. After an exhaustive pre-trial investigation
by the firm and despite a large amount of negative publicity toward Officer
D., the Government dismissed all three counts against the Officer.
-
Other Cases
Dismissed
A Canadian National, Mr. D. was arrested and charged with Fleeing and Eluding
Law Enforcement in a High Speed Pursuit. He was alleged to have fled from
law enforcement going 122 mph in a 45 mph zone on a motorcycle. After
a complete investigation by the firm, the Government abandoned the Fleeing
and Eluding charge and Mr. D. was not convicted of any felony and served
no prison or jail time.
-
Law Enforcement/ Law Related
Dismissed
A highly decorated Lieutenant of the Florida Fish and Wildlife Commission,
Lt. S. was arrested and charged with Fraud out of the State Capital in
Tallahassee, Florida. After Funk, Szachacz & Diamond conducted an
extensive pre-trial investigation, the Government dismissed all charges
against Lt. S.
-
Homicide
Received a non-incarcerative sentence.
After a gruesome homicide occurred in Central Florida, numerous men were
charged with the killing. Mr. W. was formally charged with the gang-style
murder. After exhaustive investigation by the partners in the firm, Mr.
W. was convicted of a simple misdemeanor and received a non-incarcerative sentence.
-
White Collar/ Fraud
Dismissed
A prominent cardiologist, Dr. S. was accused of Insurance Fraud. Funk,
Szachacz & Diamond was asked to join her defense team. After agreeing
to represent Dr. S., the firm successfully facilitated a resolution resulting
in no criminal convictions for Dr. S.
-
Sex Crimes
Acquitted
A prominent engineer, Mr. H. was arrested and formally charged with Lewd
& Lascivious Act On/Presence of a Child Under 16. Mr. H. maintained
his innocence from the day he walked into the firm and demanded a jury
trial. After a contentious jury trial, Mr. H. was acquitted of all accusations.
-
Appeals/Post Conviction
Acquitted of All Charges
Hired as appellate counsel for Mr. F. after he was convicted of a Lewd
& Lascivious Act Upon a Child, the attorneys successfully secured
a reversal of his judgment and sentence in the Fifth District Court of
Appeal. Further, pending the appeal, Mr. F. was accused of a murder-for-hire
plot to kill witnesses. The attorneys accepted that accusation and after
trial, Mr. F. was acquitted of all charges stemming from the murder-for-hire.
-
Appeals/Post Conviction
Out of custody in 2+ years
Ms. P. was serving a 37+ year prison sentence after having been convicted
of numerous Lewd & Lascivious Acts with a Minor when the firm was
first contacted. Realizing an injustice had occurred, Funk, Szachacz &
Diamond agreed to handle the matter. The attorneys first appeared in the
trial court after exhaustively investigating prior counsels’ actions.
Soon, the battle continued to the 5th District Court of Appeal in Daytona
Beach. There, the appellate court agreed with the firm that Ms. P. was
entitled to competent counsel in her sentencing hearing. As a result,
Ms. P. will now be out of custody in 2+ years by agreement of the Government.
-
Appeals/Post Conviction
Acquitted
After investigation for Lewd & Lascivious Acts Upon a Child, Mr. W.
was arrested, formally charged and tried. After jury trial, Mr. W. was
completely acquitted of all charges.
-
Sex Crimes
Dismissed
Mr. B. was arrested and charged with Lewd & Lascivious Battery. After
four years of investigation into the case and the alleged victim, Mr.
B. agreed to a plea that resulted in him not being convicted and not serving
1 day in jail or prison.
-
Sex Crimes
Acquitted
Mr. G. was a popular former school teacher charged who was charged with
numerous counts of Misusing a Child in a Sexual Performance as well as
numerous counts of Possession of Child Pornography. After an extraordinary
two jury trials, Mr. G. was acquitted of all allegations.
-
White Collar/ Fraud
Dismissed
Mr. C was a CPA charged by the United States with multiple counts of felony
fraud against the I.R.S. and facing numerous years in Federal prison.
Attorneys successfully defended Mr. C. resulting in no incarceration.
-
Federal Crimes
Dismissed
CPA charged by the United States with multiple counts of felony fraud against
the I.R.S. and facing numerous years in Federal prison. Attorneys successfully
defended Mr. C. resulting in no incarceration.
-
Homicide
Acquitted
Mr. H. admitted shooting and killing his fiancé. After this admission,
he was formally charged with murder. At trial, Funk, Szachacz & Diamond
actually introduced the door from the home where the shooting occurred
into evidence. This proved to be compelling during the hotly contested
jury trial, as Mr. H. was acquitted of all charges.
-
Homicide
Acquitted
Hired as appellate counsel for Mr. F. after he was convicted of a Lewd
& Lascivious Act Upon a Child, the attorneys successfully secured
a reversal of his judgment and sentence in the Fifth District Court of
Appeal. Further, pending the appeal, Mr. F. was accused of a murder-for-hire
plot to kill witnesses. The attorneys accepted that representation and
after trial, Mr. F. was acquitted of all charges stemming from the murder-for-hire.
-
Law Enforcement/ Law Related
Dismissed
At the time of being accused of numerous felonies, Mr. B. was the son of
a sitting Circuit Court Judge. After much public outcry of corruption
and favoritism, the attorneys secured Mr. B. a resolution whereby he received
no incarceration.
-
Appeals/Post Conviction
Reduced Sentence- released from ICE custody
Mrs. P. was in Immigration & Customs Enforcement (ICE) custody set
to be deported/removed from the United States as a result of a conviction
for Organized Fraud when the firm was engaged to help. She was one of
four people convicted in a complex RICO prosecution conducted by the Office
of the Statewide Prosecution in Sarasota County. As post-conviction counsel,
the firm filed a 3.850 motion claiming ineffective assistance of trial
counsel and was granted an evidentiary hearing. After presenting witnesses,
documents and cross-examining her previous counsel for two days, the Government
relented and reduced her conviction to a misdemeanor, credited her with
time served and Mrs. P. was immediately released from ICE custody and
reunited with her children in the U.S.
-
White Collar/ Fraud
Dismissed
A popular teacher, Mr. J. was arrested and charged with Organized Fraud
and 8 additional felonies of Fraud. After a year-long investigation and
consultation with experts, the attorneys demanded a speedy trial. Consequently,
the Government dismissed all 9 counts against Mr. J.
-
Homicide
Entered a plea
Mr. L. was operating his vehicle at the time his son, a passenger was killed.
The Government alleged that Mr. L. was driving recklessly. Consequently,
he was arrested and formally charged with Vehicular Homicide. After consultation
with numerous experts and while facing 15 years in prison, Mr. L. agreed
to enter a plea which resulted in him serving neither jail nor prison time.
-
Appeals/Post Conviction
Vacated Prison Sentence- Awarded New Trial
When Mr. L. contacted the firm, he had been convicted of a Robbery with
a Firearm after a jury had found him guilty and sentenced to 30 in years
prison. The firm agreed to handle his direct appeal. Arguing prosecutorial
misconduct, the appellate court agreed with the attorneys, vacated his
30 year prison sentence and conviction and awarded Mr. L. a new trial.
-
Robbery with a Firearm
Firearms
Mr. L. was arrested for Robbery With a Firearm, Use of a Firearm During
the Commission of a Felony, Possession of a Firearm by a Convicted Felon
and Grand Theft. Although selected out of a photo-lineup, Mr. L. was acquitted
of all counts after jury trial.
-
Robbery with a Firearm After a Jury Found Him Guilty and Sentenced to 30 in Years Prison.
Firearms
When Mr. L. contacted the firm, he had been convicted of a Robbery with
a Firearm after a jury had found him guilty and sentenced to 30 in years
prison. The firm agreed to handle his direct appeal. Arguing prosecutorial
misconduct, the appellate court agreed with the attorneys, vacated his
30 year prison sentence and conviction and awarded Mr. L. a new trial.
-
Other Cases
Acquitted
Mr. M. was arrested and charged with Sale and Possession of Cocaine. While
maintaining his innocence, Mr. M. requested his jury trial. After a heated
jury trial, the jury returned two Not Guilty verdicts for Mr. M., resulting
in his acquittal.
-
Sex Crimes
Received a Non-Incarcerative Sentence
Accused of Sexual Battery and Lewd & Lascivious Acts Upon a Child.
After emotionally driven negotiations and public protest, Mr. Z. received
a non-incarcerative sentence.
-
Sex Crimes
Re-Sentence
When Mr. S. requested help from the attorneys, he had been convicted of
Attempted Sexual Battery of a Child Under 12 and Lewd & Lascivious
Act Upon a Child and sentenced to nearly 13 years in prison. After investigation,
the attorneys filed a Motion for Post Conviction Relief claiming Ineffective
Assistance of Counsel. On the day of hearing, the Government agreed to
re-sentence Mr. S. to probation and no prison.
-
Drugs
Not convicted of any crime.
Mr. M. was arrested and charged with Trafficking in Oxycodone, Conspiracy
to Traffic in Oxycodone and Acquiring a Controlled Substance by Fraud.
After a year-long investigation by the attorneys, the Government dismissed
all felonies and Mr. M. was not convicted of any crime.
-
Drugs
Dismissed
Mr. R. was arrested and charged with Trafficking in Cannabis, Leasing a
Dwelling to Traffic in Cannabis and Possession with Intent to Deliver
Cannabis. After a thorough investigation and the attorneys confronting
Drug Agents with their actions pre-trial, the Government dismissed all
charges against Mr. R., thereby exonerating him.
-
Drugs
Dismissed
Mr. S. was arrested and charged with Trafficking in Cannabis and Cultivation
of Cannabis. After a thorough review of the search warrant and the witness
statements by the firm, the Government dismissed all charges.
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Drugs
Not Convicted
Mr. Z. was arrested and charged with Trafficking in Cannabis, Manufacturing
Cannabis, Conspiracy to Traffic in Cannabis and Conspiracy to Manufacture/Sell
Cannabis. After consulting with experts and conducting an extensive pre-trial
investigation, the Government abandoned the major accusations resulting
in Mr. Z. not being convicted and not spending 1 day in jail or prison.
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Law Enforcement/ Law Related
Acquitted
Mr. B., a law school graduate, was arrested and charged by the government
with two counts of Sexual Battery and False Imprisonment. Although DNA
matched Mr. B. to the alleged victim, Mr. B. was acquitted of all charges
after jury trial.
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Drugs
Dismissed
Prominent physician and graduate of the prestigious University of North
Carolina School of Medicine. Dr. W. was arrested and charged with two
counts of Trafficking in Drugs that was punishable by up to 60 years in
a Florida State Prison. After a 3 year battle with the government, the
firm successfully dismantled the State’s case resulting in Dr. W.
not serving one day in jail.
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Homicide
Never adjudicated of the offense
The grandson of Mercury, Gemini and Apollo legend, Jack King, Michael was
arrested and charged with Vehicular Homicide. After a thorough pre-trial
investigation, Michael was never adjudicated of the offense, nor did he
serve 1 day in jail or prison. Since the terrible crash that killed his
friend, Michael has lectured to high school students about the dangers
of speeding and intoxicants.