Violation of Probation Dismissed
The Defendant was arrested and accused of violating his probation, for the second time, by leaving his court-ordered monitoring device at home while he went to work. The Defendant scored more than eight years in prison. The State Attorney’s Office offered him six years in prison.
The Defendant’s MLG attorney filed a bond motion, challenging the probable cause for the Violation of Probation, and was able to secure a bond for the Defendant.
Meanwhile, the Defendant’s attorney and MLG’s private investigator worked to locate and interview witnesses helpful to the defense. MLG staff worked to subpoena these favorable witnesses and assure their appearance at the Defendant’s final VOP hearing.
The Defendant’s attorney also presented the Court and the State with Correa v. State, 43 So. 3d 738 (Fla. 2d DCA 2010), which both outlines the myriad problems with probation/court issued GPS monitors and stands for the proposition that, “When seeking to revoke a defendant’s [probation], the State must prove by the greater weight of the evidence that a willful and substantial violation occurred…” In the Correa case, the Court found that a single, apparently accidental incident of being away from the Defendant’s GPS monitor was not a willful and substantial violation.
The purpose of the electronic monitoring of probationers, community controlees, and parolees is not punitive. Instead, the electronic monitoring of these persons serves two more positive goals. First, electronic monitoring enables a limited number of supervising officers to supervise persons subject to home curfew or similar restrictions more easily, more efficiently, and at a lower cost. Second, electronic monitoring helps the subject to conform his or her conduct to society’s requirements by discouraging behaviors that are likely to lead to new law violations or other violations of supervision… [W]here, as in Mr. Correa’s case, the apparent noncompliance with the rules results from equipment problems or the subject’s unintentional failure to operate the equipment properly, the noncompliance with the rules does not rise to the level of a willful and substantial violation of probation or community control.
The day of the final VOP hearing, the State Attorney’s office dismissed the Violation of Probation, and the Defendant was released from jail and continued on probation.
Clients Driver’s License Reinstated after DUI Arrest and Suspension:
The defendant was arrested for DUI after a traffic crash and breath test results of .233 and .226. Her New Port Richey MLG DUI attorney attended a formal review or administrative hearing at the Driver’s License Office or DHSMV and successfully argued that the arresting officer did not have probable cause to arrest the defendant for DUI and/or her blood alcohol content did not exceed .08. The defendant’s driver’s license was reinstated while her criminal case was pending.
DUI Manslaughter Defendant Sentenced to One Year in the County Jail:
The defendant was charged with DUI Manslaughter in Pasco County after a traffic crash that left one of her passengers deceased. Facing a minimum-mandatory sentence of 4 years and up to 15 years in prison, her Pasco County MLG DUI attorney convinced the judge to sentence her as a Youthful Offender. The Defendant was sentenced to 11months and 29 days in the Pasco County Jail followed by probation.
Possession of Methamphetamine with Intent to Sell Reduced to Possession of Paraphernalia:
The defendant was charged with two felonies in Pasco County after undercover detectives from the Pasco County Sheriff’s Office claimed they purchased methamphetamine from the defendant. Count I was Possession of Methamphetamine with Intent to Sell, Manufacture, or Deliver. Count II was Possession of Methamphetamine. The defendant’s Pasco County MLG criminal defense attorney exposed weaknesses in the prosecutor’s case that were related to the detective being unable to positively identify the defendant. After taking depositions, the defendant’s Dade City MLG criminal defense attorney was successful in convincing the prosecutor to amend the charges to 2 counts of Possession of Paraphernalia, both first degree misdemeanors. The defendant resolved his case and was sentenced to probation and no additional jail time.
Felony Criminal Mischief Charges Dismissed:
The defendant was charged with felony criminal mischief, a third degree felony. According to the police reports, he drove his vehicle through the doors of a bar after being removed from the premises. The defendant successfully completed the Pre-Trial Intervention program and the charge was dismissed.
DUI reduced to Reckless Driving, Possession of Marijuana and Refusal Dismissed:
The defendant was pulled over by a member of the Dade City Police Department after showing signs of impairment while operating a motorcycle. The defendant was asked to take Field Sobriety Exercises (FSE) but opted not to take the FSE’s. The defendant was placed under arrest for DUI. A search of the motorcycle was conducted and marijuana was discovered. When the defendant was asked to take a breath test on an Intoxilyzer 8000, he refused. This was the defendant’s second DUI arrest. The defendant was charged with driving under the influence, possession of marijuana under 20 grams, driving with a suspended driver’s license (DWLSR), and refusal to take the breath test. His Pasco County MLG DUI attorney was successful in convincing the prosecutor to agree to reduce the DUI to a Reckless Driving, dismiss the Possession of Marijuana and Refusal to take a breath test, and reduce the DWLSR charge to No Valid Driver’s License. His Dade City MLG DUI attorney was successful in avoiding the defendant’s drivers license from being suspended for 5 years as a Habitual Traffic Offender (HTO).
Zephyrhills MLG DUI Attorney gets charge reduced to Reckless Driving:
The defendant was involved in an accident in a construction zone in Zephyrhills. According to reports generated from the Florida Highway Patrol, she had a strong odor of alcohol on her breath, had watery and bloodshot eyes, and could not stand on her own. The defendant was arrested after she refused to participate in field sobriety exercises at the scene. At the jail, she fell backwards off the body scanner and refused to take a breath test on an Intoxilyzer 8000. After waiving her Miranda rights, she admitted to consuming four glasses of wine. The defendant’s Zephyrhills MLG DUI lawyer was successful in getting the case reduced to a Reckless Driving.
Dade City MLG DUI Lawyer gets DUI charge reduced to Reckless Driving:
The defendant was involved in a traffic crash in the City of Dade City. According to the police reports, her speech was slurred, she had glassy eyes, and she stumbled and had to use her vehicle for support. The defendant was arrested after the defendant performed field sobriety exercises. The defendant was given a breath test on an Intoxilyzer 8000 and the results were .000 and .000. The arresting officer then asked the defendant to submit to a blood test and she complied. The results of the blood test showed that she had Alprazolam (Xanex) and Butalbital in her blood. The defendant’s Pasco County MLG DUI attorney was successful in getting the prosecutor to amend the charge to a Reckless Driving.
Hernando County State Attorney’s Office Declines to file formal charges after Domestic Battery Arrest
The defendant was arrested for Domestic Battery after an altercation with her live-in boyfriend. Prior to the prosecutor filing formal charges in the case, the defendant retained the Madonna Law Group to represent her. The prosecutor was convinced that formal charges were not warranted and declined to file an information in the case. The case was then dismissed against the defendant.
Pasco County Jury Discounts DNA Evidence and Defendant’s Confession and returns a Not Guilty Verdict after Sexual Activity Trial—2 Remaining Counts of Sexual Battery and Sexual Activity Dismissed after the Trial:
The defendant was charged with 2 counts of Sexual Activity with a child over 12 years old, and Sexual Battery on a child under 12 years old in Pasco County. Prior to trial the counts were severed and the defendant was tried on one count of Sexual Activity.
The allegations were the defendant had sexual intercourse with his biological daughter on numerous occasions. The evidence in the case, according to the prosecution, included a pubic hair belonging to the defendant found in the victim’s vagina during the Sexual Assault Victim’s Exam (SAVE). The pubic hair was tested at the FDLE lab and it was determined the frequency of occurrence was 1 in 72 quadrillion or 1 in 72,000,000,000,000,000. This means that if that only 1 in 72 quadrillion, if tested, would match the defendant’s DNA. Other prosecution evidence included the defendant’s DNA in the victim’s bedroom found on the bed and floor next to the bed and an audio taped confession. The Defendant’s Pasco County MLG Sexual Battery Attorney persuaded the jury and in less than two hours returned with a verdict finding the defendant NOT GUILTY. The remaining two counts were dismissed after the trial.
Polk County Possession of Marijuana Case reduced to a Possession of Paraphernalia resulting in no driver’s license suspension
The defendant was charged with possession of marijuana under 20 grams, a misdemeanor that carries a 2 year revocation of the Defendant’s driving privileges. The prosecutor sought an adjudication of guilt and a two year suspension of the defendant’s driver’s license. The defendant had a valid driver’s license and his goal in the case was to keep his driver’s license since he needed it to drive to maintain his livelihood. The prosecutor was persuaded to reduce the possession of marijuana charge to a possession of paraphernalia resulting in no suspension of the defendant’s privilege to drive.
Cultivation of Marijuana (Cannabis) and other Felony Charges Dismissed in Hernando County
The Defendant was arrested and charged with being in possession of a place or structure with knowledge that such place or structure was used for the purpose of selling a controlled substance, a first degree felony. The Defendant was also charged with Cultivating Cannabis, Possession of Marijuana over 20 grams, Possession of Methadone, and Possession of Paraphernalia. The Defendant was charged with these offenses after the Hernando County Sheriff’s Office obtained a search warrant to search the Defendant’s residence. After retaining our law firm, the Defendant’s criminal defense lawyer took depositions of the officers who were listed as witnesses in the case. At the conclusion of the depositions and on the same day of the depositions, the Assistant State Attorney assigned to the case filed a “Nolle Prosequi” with the clerk of the court and the charges were dismissed.
Felony Marijuana Charge reduced to Misdemeanor- Receives a Withhold of Adjudication
The Defendant was arrested for Possession of Marijuana over 20 grams after approximately an ounce of marijuana was located by deputies in his backpack. Due to legal issues centered on the legality of the stop and search of the Defendant, the Defendant’s MLG attorney was successful in getting the case reduced to a misdemeanor possession of marijuana. The Defendant received a withhold of adjudication and a fine. The client also was sentenced to time served and no probation.
Possession of Oxycodone Reduced to Misdemeanor Possession of Paraphernalia in Pasco County
The defendant was charged with Possession of Oxycodone and Possession of Paraphernalia in Pasco County after an officer from the Dade City Police Department approached the defendant while he was walking down the sidewalk. According to the officer, the defendant consented to being searched. During the search, a spoon and hypodermic syringe containing Oxycodone was found in his pockets. After the arrest, the defendant admitted to shooting up. The defendant’s MLG attorney took the arresting officer’s deposition and learned that the officer failed to follow the directives in place at the Dade City Police Department regarding consent searches. The officer testified at the depo that he did not have the defendant sign a form agreeing to the search, did not have another officer present when the consent was obtained, and failed to audio or video record obtaining consent from the defendant. At the conclusion of the depositions in this case, the prosecutor assigned to the case offered to reduce the felony Possession of Oxycodone to a Possession of Paraphernalia. The defendant accepted the prosecutors offer and resolved his case at his next court date.
Burglary, Grand Theft, and Battery on a LEO resolved–Client gets a withhold of adjudication, probation and no additional jail time
The Defendant was arrested for Burglary of a residence and Grand Theft. While she was in custody, she was charged with Battery on a LEO after an alleged physical confrontation with a corrections deputy. Her Pasco County MLG criminal defense attorney was successful in resolving the case with the court. During the Defendant’s plea hearing, her attorney presented mitigating factors the court considered at sentencing. The Defendant received a withhold of adjudication and was sentenced to four years of probation with early termination possible after two years.