Tampa Federal Criminal Defense Lawyer

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Please See The Links Below For Examples Of Some Of Our Firm’s Case Results

If you are interested in viewing information about the firm’s past results, please read the information below. This section contains information about the firm’s past results and statements regarding the firm’s qualifications and experiences. The information has not been reviewed or approved by The Florida Bar.

You should know that:

  • The facts and circumstances of your case may differ from the results that have been provided.
  • All results of cases handled by the lawyer/firm are not provided.
  • The results provided are not necessarily representative of results obtained by the firm or the experience of all clients or others with the firm.
  • Every case is different, and each client’s case must be evaluated and handled on its own merits.

Chicago Tribune

“He is satisfied the proper decision was made today but he is angry that the wrong decision was made to arrest to begin with”, attorney Mark J. O’Brien said in a statement to reporters after all charges against his client were dropped by prosecutors.
– Chicago Tribune

Case Results

FEDERAL

Table of Contents

NOTABLE FEDERAL APPELLATE CASES

DASINGER CASE NO.: 8:14-CR-62-MSS-AEP

A § 2255 post-conviction motion alleging ineffective assistance of counsel in the Middle District of Florida. Ms. Dasinger was arrested after Florida Highway Patrol searched a hotel room and located methamphetamine. The hotel room was used by Ms. Dasinger but rented by another individual, James Lloyd. A motion to suppress was filed and argued while Ms. Dasinger was represented by a lawyer not affiliated with our firm. Defense counsel challenged the search of the hotel room with the theory that Lloyd did not properly consent to the search of the hotel room. However, counsel never attempted to have Mr. Lloyd testify during the suppression hearing. The motion to suppress was denied, and Ms. Dasinger was sentenced to a mandatory term of life imprisonment following trial.

As a result of our firm’s legal efforts, a § 2255 motion was filed arguing that defense counsel’s failure to investigate James Lloyd and call Lloyd as a witness during the suppression hearing was ineffective. The United States District Court for the Middle District of Florida found that Ms. Dasinger’s argument was well taken and vacated her criminal conviction in its entirety. After ten years of incarceration, Ms. Dasinger was freed from a life sentence and released from custody where she was reunited with her family.

MILLER CASE NO.: 8-14-CV-2181-MSS-JSS

A successful 2255 motion resulting from an erroneous Armed Career Criminal designation.

Middle District of Florida, Tampa Division, District Court Judge Mary S. Scriven initially denied our federal 2255 motion. After analyzing our motion for reconsideration, Judge Scriven reversed course and granted our client’s federal 2255 motion. Judge Scriven ordered our client’s Armed Career Criminal status removed, revoked his original sentence and ordered a resentencing. At his resentencing, while represented by our office, Mr. Miller received a sentence of time served and was released the following day.

ALLS CASE NO.: 8:06-CR-460-T-27-EAJ, 8:16-CV-142-T-27-EAJ

A successful appeal to the Eleventh Circuit Court of Appeals from a jury conviction and Mandatory 851 Enhanced Life Sentence for conspiracy to distribute cocaine.

Life Sentence Vacated. As a result of our firm’s legal efforts, the Eleventh Circuit Court of Appeals vacated our client’s life sentence and remanded the case to the district court. Our client was represented by a lawyer not affiliated with our firm during his jury trial loss. His family hired us after he was sentenced to life in federal prison.

RODRIGUEZ CASE NO.: 12-12257

A successful appeal to the Eleventh Circuit Court of Appeals from a jury conviction and Mandatory 851 Enhanced Life Sentence for conspiracy to distribute cocaine.

Life Sentence Vacated. As a result of our firm’s legal efforts, the Eleventh Circuit Court of Appeals vacated our client’s life sentence and remanded the case to the district court. Our client was represented by a lawyer not affiliated with our firm during his jury trial loss. His family hired us after he was sentenced to life in federal prison.

AGUINAGA CASE NO.: 14-15577

A successful appeal to the Eleventh Circuit Court of Appeals from a jury conviction and a one-hundred-and-eighty-month prison sentence to entice a minor to engage in a sexual act.

Reversed and remanded in part due to the district court’s failure to make a factual finding about a disputed statement in the presentence investigation report.

RAYMOND v. CASE NO.: 16-CV-14530

BRANNON SECRETARY DEPARTMENT

OF CORRECTIONS, STATE OF FLORIDA

A successful 2254 post-conviction motion to the Southern District of Florida, Miami Division, from a Broward County Circuit Court conviction and sentence of twenty-five years in state prison.

After an evidentiary hearing in federal court, the district court ruled that our client’s trial counsel was ineffective. Conviction overturned, sentence vacated, and a new trial ordered.

NOTABLE SUPREME COURT OF THE STATE OF FLORIDA CASES

LUCAS CASE NO.: 2D17-345

Mr. Lucas was originally sentenced as a Prison Releasee Reoffender to fifteen years.

Mr. Lucas argued he was not a Prison Releasee Reoffender because technically he never went to prison after pleading guilty to a sentence that prosecutors believed at the time qualified him for Prison Releasee Reoffender status. The Supreme Court of the State of Florida agreed. Mr. Lucas was ordered to be resentenced and is free.

SHELLEY CASE NO.: SC14-755

An appeal to the Florida Supreme Court, by the State of Florida, of the Second District Court of Appeal’s decision vacating Shelley’s conviction and sentence resulting from a sting operation for soliciting the consent of a parent to have sex with a minor on the legal grounds of double jeopardy.

As a result of our firm’s appellate efforts, including an oral argument before the Florida Supreme Court, the Florida Supreme Court affirmed the Second District Court of Appeal’s decision to vacate one count of Mr. Shelley’s conviction and sentence on the legal ground that convictions for use of computer services to solicit consent of a parent to have sex with a minor and traveling to meet a minor after using computer services to solicit the consent of a parent violates double jeopardy. Shelley is in prison on a separate charge.

NOTABLE STATE DISTRICT COURT OF APPEALS CASES

SWINSON CASE NO.: 2D2025-0629

After winning a Motion to Dismiss the felony charge of Failure to Obtain Worker’s Compensation Insurance in State Court, the State of Florida appealed to the Second District Court of Appeal. The Appellate Court agreed with Mr. Swinson and the trial court that the charge should be dismissed.

SHELLEY CASE NO.: 2D13-1941

An appeal to the Second District Court of Appeal from a conviction and sentence for use of computer services to solicit consent of a parent to have sex with a minor and traveling to meet a minor after using computer services to solicit the consent of a parent.

Case reversed. As a result of our firm’s appellate efforts, the Second District Court of Appeal vacated the conviction and sentence on the legal grounds of double jeopardy.

KLAUS CASE NO.: 5D17-1079

An appeal to the Fifth District Court of Appeal after Osceola County Circuit Court Judge Jon Morgan denied Mr. Klaus’ 3.850 motion.

Case reversed and remanded. As a result of our firm’s appellate efforts, the Fifth District Court of Appeal granted our appeal, overturned Judge Morgan’s ruling and remanded the case for further proceedings at the circuit court level.

SMITH CASE NO.: 5D17-319

The Fifth District Court of Appeal upheld a circuit court decision granting our client’s motion to suppress evidence. After a motion to suppress hearing, the circuit court granted our client’s motion to suppress evidence of a gun. As a result of this ruling, the State of Florida was forced to dismiss the case against our client. However, before doing so, the State of Florida appealed the circuit court’s decision to the Fifth District Court of Appeals.

After careful review, the Fifth District Court of Appeals cited to the case we argued in our appellate brief (State v. Cable, 51 So.3d 434 (Fla. 2010)) as controlling precedent and sided with our client. Further, the Fifth District Court of Appeal issued a per curiam affirmed decision thereby prohibiting the State of Florida from appealing to the Supreme Court of the State of Florida. Our client is forever free of these charges.

SANDERS CASE NO.: 2D15-2360

An appeal to the Second District Court of Appeal from a jury conviction and corresponding sentence of twenty-five years in state prison on one count of trafficking in over two hundred grams of methamphetamine.

Case reversed. As a result of our firm’s appellate efforts, the Second District Court of Appeal overturned circuit court jury conviction and dismissed the case.

PAMPHILE CASE NO.: 5D16-3195

An appeal to the Fifth District Court of Appeal after Orange County Circuit Court Judge Heather Higbee denied Mr. Pamphile’s 3.850 motion.

Case reversed and remanded. As a result of our firm’s appellate efforts, the Fifth District Court of Appeal granted our appeal, overturned Judge Higbee’s ruling and remanded the case for further proceedings at the circuit court level.

KANIA CASE NO.: 2D17-1079

An appeal to the Second District Court of Appeal after the trial court sentenced Michael Kania to state prison after a jury convicted him of unlawful use of a two-way communication device.

Even though Mr. Kania’s public defender did not object, and thereby preserve the issue, the Second District Court of Appeal found fundamental error, vacated Mr. Kania’s conviction for use of a computer to solicit a child based on double jeopardy and remanded the case for resentencing.

GREENLEE CASE NO.: 1D13-4634

An appeal to the First District Court of Appeal from a conviction and sentence for four counts of possession of any firearm by a convicted felon.

Case reversed. As a result of our firm’s appellate efforts, the First District Court of Appeal vacated three convictions and sentences on the legal grounds of double jeopardy.

MATHES CASE NO.: 2D11-1577

An appeal to the Second District Court of Appeal from a jury conviction and sentence for conspiracy to commit racketeering (RICO) and conspiracy to deliver heroin.

Case reversed. As a result of our firm’s appellate efforts, the Second District Court of Appeal vacated the circuit court jury conviction for conspiracy to deliver heroin.

HECKMAN CASE NO.: 5D10-2162

An appeal to the Fifth District Court of Appeal from a conviction and corresponding sentence of 22 years in state prison for a violation of probation

Case reversed. As a result of our firm’s appellate efforts, the Fifth District Court of Appeal overturned the circuit court conviction and corresponding twenty-two-year state prison term.

ESLER CASE NO.: 2D04-1097

An appeal to the Second District Court of Appeal from a jury conviction and sentence of 5 years in prison on a count of DUI with serious bodily injury.

Case reversed. As a result of our firm’s appellate efforts, the Second District Court of Appeal overturned the circuit court jury conviction and five-year state prison term.

HENDRICKSON CASE NO.: 2D02-1304

An appeal to the Second District Court of Appeal from a jury conviction and corresponding sentence of fifteen years in state prison on one count of trafficking in methamphetamine and one count of possession with the intent to deliver methamphetamine.

Case reversed. As a result of our firm’s appellate efforts, the Second District Court of Appeal overturned circuit court jury conviction.

CALHOUN CASE NO.: 48-03-CF-7419-A-O

An appeal to the Second District Court of Appeal from a VOP conviction and sentence of six years in state prison for a violation of probation for burglary of a dwelling.

As a result of our firm’s legal efforts, the circuit court vacated his six-year state prison term and reduced his sentence to credit for time already served.

SMITH CASE NO.: 1D17-2825

An appeal from the denial of a 3.850 post-conviction motion alleging ineffective assistance of counsel out of Leon County. Out client proceeded to trial, represented by a lawyer not affiliated with our firm, wherein he was ultimately convicted and sentenced to LIFE imprisonment. Our firm then represented our client at an evidentiary hearing on his ineffective counsel motion that was ultimately denied thereafter. Our firm continued our representation on appeal to the First District Court of Appeal.

As a result of our firm’s legal efforts, our client’s LIFE sentence has been vacated, and he was granted a new trial after the appellate court found our office proved our client’s previous counsel was ineffective.

JOHNSON CASE NO.: 2D23-0015

An appeal of a denial of a 3.850 post-conviction motion alleging ineffective assistance of counsel in Manatee County. In Mr.Johnson’s trial for second-degree murder, the State introduced a revolver which had no connection to the homicide. There was no objection from Johnson’s trial counsel, a lawyer who was not affiliated with our firm. When Mr.Johnson filed a 3.850 motion arguing that his trial counsel was ineffective for failing to object to the introduction of the firearm, the postconviction court summarily denied the claim. The court noted from the record that the firearm was “relevant” because it was in the backyard of the crime scene, and because a witness testified that Mr.Johnson was seen with a revolver prior to the murder. Further, the court found that Johnson could not prove prejudice because the State’s firearm expert excluded the revolver as the murder weapon.

As a result of our firm’s legal efforts on appeal, the Second District Court of Appeal was persuaded that summary denial was not appropriate. The testimony relied upon by the postconviction court fell short of establishing the relevancy of the firearm. Additionally, the Second District noted that the expert’s testimony excluding the firearm as the murder weapon was insufficient to show that there was no reasonable probability that the outcome of the trial would have been different if the irrelevant firearm was not admitted. Mr. Johnson’s case was reversed and remanded.

BOYERS CASE NO.: 2D12-1027

An appeal to the Second District Court of Appeal from a circuit court denial of a pro se 3.850 motion from a jury conviction and sentence for attempted first-degree murder of a law enforcement official.

Denial of 3.850 hearing reversed. As a result of our firm’s appellate efforts, the Second District Court of Appeal overturned the circuit court’s denial of the appellant’s pro se 3.850 motion and remanded the case for further proceedings on the 3.850 motion in circuit court.

LOUDERMILK CASE NO.: 4D12-1059

An appeal to the Second District Court of Appeal from a circuit court denial of a pro se 3.850 motion from a jury conviction and a sentence of life in prison for sexual battery upon a child less than twelve, lewd and lascivious molestation of a child less than twelve, lewd and lascivious conduct with a child less than sixteen.

Denial of 3.850 hearing reversed. As a result of our firm’s appellate efforts, the Fourth District Court of Appeal overturned the circuit court’s denial of the appellant’s pro se 3.850 motion and remanded the case for further proceedings on the 3.850 motion in circuit court.

NOTABLE 3.800 MOTION CASES

WRIGHT CASE NO.: 2016-CF-010527

A 3.800 motion alleging that our client had an illegal sentence in Duval County. Our client proceeded to trial, while represented by a lawyer not affiliated with our firm and was ultimately convicted and sentenced to a term of eighteen years’ imprisonment. Our client then filed a motion alleging that his sentence was illegal, and it was granted. Our office then represented him at a resentencing hearing.

As a result of our firm’s legal efforts, the court resentenced our client to a term of ten years, which resulted in his immediate release from prison where he was reunited with his family.

SMITH CASE NO.: 5D21-993

A 3.800 motion alleging that our client had an illegal sentence in Flagler County. Our client proceeded to trial, while represented by a lawyer not affiliated with our firm and was ultimately convicted and sentenced to a cumulative sentence of twenty-five years’ imprisonment. Our client filed a motion to correct illegal sentence, arguing that his sentence was in violation of double jeopardy, and that motion was denied. Our office was then retained to represent him on an appeal of that motion.

As a result of our firm’s legal efforts, the appellate court granted our client’s appeal and agreed that his sentence was illegal. Our client was immediately released and reunited with his family.

COBY CASE NO.: 15-CF-001979

A 3.800 motion to the Tenth Judicial Circuit Court to correct an illegal sentence based on incorrect advice of a lawyer unrelated to our firm.

Judge J. Kevin Abdoney granted our 3.800 motion, vacated our client’s sentence and ordered our client resentenced in accordance with the law.

MASON CASE NO.: 2D14-5846

An appeal to the Second District Court of Appeal from a conviction and sentence for six counts of attempted murder with an AK-47.

Case reversed in part. As a result of our firm’s appellate efforts, the Second District Court of Appeal ordered a resentencing.

HAYES CASE NO.: 12-CF-003139

A 3.800 motion to the Eighth Judicial Circuit Court to vacate the plea and sentence based on incorrect advice of a lawyer unrelated to our firm.

Judge David Kreider granted our 3.800 motion, vacated our client’s plea and vacated her fifteen-year prison sentence.

DIAZ CASE NO.: 04-CF-8349

A 3.800 motion to the Thirteenth Judicial Circuit Court to reconsider a sentence of sixty months in state prison resulting from a guilty plea and corresponding resulting from the advice of a lawyer unrelated to our firm.

The court granted our 3.800 motion, vacated our client’s prison term and instead resentenced her to probation.

WILLAMS CASE NO.: 90-CF-7926, 94-CF-4370

A 3.800 motion to the Thirteenth Judicial Circuit Court to reconsider a sentence of twelve years in state prison resulting from a guilty plea and corresponding resulting from the advice of a lawyer unrelated to our firm.

The court granted our 3.800 motion, vacated our client’s twelve-year state prison term and resentenced him to probation.

GUARDIOLA CASE NO.: 03-CF-009684

A 3.800 motion to the Thirteenth Judicial Circuit Court to reconsider a sentence of state prison resulting from a guilty plea and corresponding resulting from the advice of a lawyer unrelated to our firm.

The court granted our 3.800 motion, vacated the original term of state prison.

NOTABLE 3.850 MOTION CASES

HARTSFIELD CASE NO.: 2008-CF-15058

A 3.850 post-conviction motion alleging ineffective assistance of counsel in Duval County. Our client proceeded to trial, while represented by a lawyer not affiliated with our firm, and was ultimately convicted and sentenced to life imprisonment, with no opportunity for parole or early release. Our client filed a pro se motion for postconviction relief, claiming ineffective counsel and our office was retained thereafter to represent the client at an evidentiary hearing.

As a result of our firm’s legal efforts, prior to proceeding to an evidentiary hearing, the State of Florida agreed that the client was entitled to relief and agreed to reduce his term of imprisonment to twenty-seven years. Our client will be released in the next ten years and reunited with his family.

BALDWIN CASE NO.: 2002-CF-000604

A 3.850 post-conviction motion alleging ineffective assistance of counsel in Hillsborough County. Our client proceeded to trial, while represented by a lawyer not affiliated with our firm and was ultimately convicted and sentenced to a cumulative sentence of fifty years’ imprisonment. Our client filed a pro se motion for postconviction relief, claiming ineffective counsel and our office was retained thereafter to represent the client at an evidentiary hearing.

As a result of our firm’s legal efforts, after an evidentiary hearing was held, the court granted our client’s motion and vacated his judgment and sentence, resulting in a thirty-year reduction of time. Our client was released immediately and reunited with his family.

SCOTT CASE NO.: 2D21-1827

A 3.850 post-conviction motion alleging ineffective assistance of counsel in Pinellas County. Our client filed a motion for postconviction relief, and it was denied by the lower court. Our office then appealed that denial, arguing that our client was entitled to an evidentiary hearing where newly discovered evidence could be presented and entertained.

As a result of our firm’s legal efforts, the appeal was granted and our client’s case was remanded with directions for an evidentiary hearing to be held, where evidence of his innocence will be presented soon.

JOHNSON CASE NO.: 2D20-2490

A 3.850 post-conviction motion alleging ineffective assistance of counsel in Pinellas County. Our client filed a motion for postconviction relief, and it was denied by the lower court. Our office then appealed that denial, arguing that our client was entitled to an evidentiary hearing, where evidence supporting his claims of ineffective counsel could be presented and considered.

As a result of our firm’s legal efforts, the appeal was granted and our client’s case was remanded with directions for an evidentiary hearing to be held, where evidence of his innocence will be presented soon.

HARKENREADER CASE NO. 2009-CF-12848

A 3.850 post-conviction motion alleging ineffective assistance of counsel in Hillsborough County. Our client proceeded to trial, while represented by a lawyer not affiliated with our firm and was ultimately convicted and sentenced to a cumulative sentence of forty years’ imprisonment. Our office then filed a motion for postconviction relief, claiming ineffective counsel.

As a result of our firm’s legal efforts, prior to proceeding to an evidentiary hearing, the State of Florida agreed that the client was entitled to relief and agreed to reduce his term of imprisonment to twenty years. Our client will be released in the next five years and reunited with his family.

SANTIAGO CASE NO.: 2015-CF-000336

A 3.850 post-conviction motion alleging ineffective assistance of counsel in St. Lucie County. Our client proceeded to trial, while represented by a lawyer not affiliated with our firm and was ultimately convicted and sentenced to a term of ten years’ imprisonment, followed by twenty years of probation, totaling a cumulative sentence of thirty years. Our office then filed a motion for postconviction relief, claiming ineffective counsel.

As a result of our firm’s legal efforts, after an evidentiary hearing was held, the court granted our client’s motion and found that our office proved his prior counsel was ineffective. As a result of the court’s decision, our client was released immediately and reunited with his family.

PETIT CASE NO.: 2012-CF-000018

A 3.850 post-conviction motion alleging ineffective assistance of counsel in Lafayette County. Our client proceeded to trial, while represented by a lawyer not affiliated with our firm and was ultimately convicted and sentenced to a sentence of thirty years’ imprisonment. Our office then filed a motion for postconviction relief, claiming ineffective counsel.

As a result of our firm’s legal efforts, after an evidentiary hearing was held, the court granted our client’s motion and found that our office proved his prior counsel was ineffective. As a result of the court’s decision, our client was released immediately and reunited with his family.

BISHOP CASE NO.: 2014-CF-681

A 3.850 post-conviction motion alleging ineffective assistance of counsel in St. Johns County. Our client proceeded to trial, while represented by a lawyer not affiliated with our firm and was ultimately convicted and sentenced to a cumulative sentence of firty years’ imprisonment. Our office then filed a motion for postconviction relief, claiming ineffective counsel.

As a result of our firm’s legal efforts, prior to proceeding to an evidentiary hearing, the State of Florida agreed that the client was entitled to relief and agreed to reduce his term of imprisonment to time served. Our client was released immediately and reunited with his family.

KOEHLER CASE NO.: 2010-CF-4919

A 3.850 post-conviction motion alleging ineffective assistance of counsel in Orange County. The Orange County Circuit Court granted our client’s motion for postconviction relief, based on ineffective assistance of counsel, and vacated his 25-year sentence. However, the State of Florida appealed that order, and our client then sought our law firm’s assistance.

As a result of our firm’s legal efforts, the appellate court disagreed with the State’s position and affirmed the lower court’s order, vacating the client’s sentence. Our firm then negotiated a sentence of time served and our client was released and reunited with his family immediately.

SNOWDEN CASE NO.: 2011-CF-004108

A 3.850 post-conviction motion alleging ineffective assistance of counsel in Osceola County. Our client entered an open plea, while represented by a lawyer not affiliated with our firm, wherein he was ultimately sentenced to a total sentence of twenty years.

As a result of our firm’s legal efforts, prior to proceeding to an evidentiary hearing, it was agreed that the client’s sentence would be reduced by five years.

KROLL CASE NO.: 2014-CF-3770

A 3.850 post-conviction motion alleging ineffective assistance of counsel in Escambia County. Our client proceeded to trial, represented by a lawyer not affiliated with our firm. wherein he was ultimately convicted and sentenced to a term of five years imprisonment.

As a result of our firm’s legal efforts, the Honorable Judge Jennie M. Kinsey granted Mr. Kroll’s motion, without even conducting an evidentiary hearing, and vacated his sentence because of ineffective assistance of counsel.

THOMAS CASE NO.: 2006-CF-006973

A 3.850 post-conviction motion alleging newly discovered evidence in Hillsborough County. Our client proceeded to trial, represented by a lawyer not affiliated with our firm. wherein he was ultimately convicted and sentenced to a term of LIFE imprisonment. Several years later, newly discovered evidence was located that arguably could have changed the outcome of his trial.

As a result of our firm’s legal efforts, our client’s LIFE sentence was vacated and he was sentenced to twenty-five years prison, with credit for time served. Our client will be reunited with his family in less than ten years, rather than spend the rest of his life in prison.

DEMOSTHENES CASE NO.: 1997-CF-32211

A 3.850 post-conviction motion alleging newly discovered evidence in Miami-Dade County. Our client proceeded to trial, represented by a lawyer not affiliated with our firm, wherein he was ultimately convicted and sentenced to state prison.

As a result of our firm’s legal efforts, our client’s state prison sentence was vacated, and he was released from state prison. Our client is now with his family.

FELDER CASE NO.: 2009-CF-19107

A 3.850 post-conviction motion alleging newly discovered evidence in Hillsborough County. Our client proceeded to trial, represented by a lawyer not affiliated with our firm. wherein he was ultimately convicted and sentenced to a term of thirty-five years’ imprisonment. Several years later, newly discovered evidence was located that arguably could have changed the outcome of his trial.

As a result of our firm’s legal efforts, our client’s thirty-five years sentence was vacated and he was sentenced to 10 years prison, with credit for time served, followed by a term of probation. Our client will be reunited with his family in less than 2 years.

WILSON CASE NO.: 2009-CF-19107

A 3.850 post-conviction motion alleging newly discovered evidence in Hillsborough County. Our client proceeded to trial, represented by a lawyer not affiliated with our firm. wherein he was ultimately convicted and sentenced to a term of life imprisonment. Several years later, newly discovered evidence was located that arguably could have changed the outcome of his trial.

As a result of our firm’s legal efforts, our client’s life sentence was vacated and he was sentenced to ten years prison, with credit for time served, followed by a term of probation. Our client will be reunited with his family in less than two years.

MARTINEZ CASE NO.: 2007-CF-009389

A 3.850 post-conviction motion alleging newly discovered evidence in Hillsborough County. Our client proceeded to trial, represented by a lawyer not affiliated with our firm. wherein he was ultimately convicted and sentenced to a term of thirty years’ imprisonment. Several years later, newly discovered evidence was located that arguably could have changed the outcome of his trial.

As a result of our firm’s legal efforts, our client’s sentence was vacated and he was sentenced to eighteen years prison, with credit for time served, followed by a term of probation.

CAMPBELL CASE NO.: 2009-CF-609

A 3.850 post-conviction motion alleging ineffective assistance of counsel in Desoto County. Our client entered an open plea to the trial court judge, while being represented by a lawyer not affiliated with our firm and was ultimately convicted and sentenced to the maximum sentence allowed of fifteen years.

As a result of our firm’s legal efforts, our client’s fifteen-year sentence was vacated, he was resentenced to credit for time served, and he was released from custody.

WOODS CASE NO.: 2004-CF-017046

A 3.850 post-conviction motion alleging ineffective assistance of counsel. Our client proceeded to trial, represented by a lawyer not affiliated with our firm. wherein he was ultimately convicted and sentenced to a four life sentences.

As a result of our firm’s legal efforts, our client’s four life sentences were vacated and he was sentenced to twenty-two years, with credit for time served, followed by a term of probation. Our client will not die in prison and instead will be reunited with his friends and family in a few short years.

SANCHEZ CASE NO.: 2007-CF-021766

A 3.850 post-conviction motion alleging ineffective assistance of counsel out of Hillsborough County. Our client entered a plea, represented by a lawyer not affiliated with our firm. Wherein he was ultimately sentenced to a mandatory prison term of fifteen years.

As a result of our firm’s legal efforts, our client’s sentence was vacated and he was resentenced to ten years, with credit for all time served. Our client will be released within the next few months.

HUPE CASE NO.: 2012-CF-776; 2012-CF-4009

A 3.850 post-conviction motion alleging ineffective assistance of counsel. Our client entered a negotiated plea, while represented by a lawyer not affiliated with our firm and the agreement was violated by Marion County Circuit Court Judge Hale Stancil by imposing a consecutive, and not concurrent sentence, as agreed upon by the parties.

As a result of our firm’s legal efforts, Marion County Circuit Court Judge Anthony Tatti granted our 3.850 motion, ruled Ms. Hupe was entitled to a concurrent sentence and reduced her sentence by five years.

SALAZAR CASE NO.: 09-CF-002766; 09-CF-002767

A 3.850 post-conviction motion alleging ineffective assistance of counsel. Our client proceeded to trial, represented by a lawyer not affiliated with our firm. wherein he was ultimately convicted.

As a result of our firm’s legal efforts, our client’s sentence was reduced, and he will be released within the next year to be reunited with his family and friends.

DAVID CASE NO.: 11-CF-3882

A 3.850 post-conviction motion alleging ineffective assistance of counsel. Our client proceeded to trial on four counts, represented by a lawyer not affiliated with our firm. wherein he was ultimately convicted and sentenced to life in prison.

As a result of our firm’s legal efforts, the court granted his 3.850 motion after a full hearing and vacated our client’s life sentence and ordered that he be given a new trial. After proceeding to his new trial, our clielnt was found not guilty and is a free man.

BAILEY CASE NO.: 08-CF-011717

A 3.850 post-conviction motion alleging that our client was entitled to be resentenced pursuant to Miller v. Alabama because he previously proceeded to trial as a juvenile offender and was sentenced to life in prison.

As a result of our firm’s legal efforts, our client was given a full juvenile resentencing hearing and the court found that our client did not deserve a life sentence. Our client’s life sentence was vacated, and he was resentenced to a term of fifty years, with a sentencing review hearing after twenty-five years.

THOMAS CASE NO.: 2D15-406

An appeal to the Second District Court of Appeal from a conviction and sentence for First Degree Murder. While our client’s appeal was pending, our firm filed a 3.800 motion with the Sixth Judicial Circuit to correct an illegal life sentence.

Judge Joseph A. Bulone granted our 3.800 motion, vacated our client’s sentence of life and subsequently resentenced our client.

HOUSTON CASE NO.: 08-CF-011964

A 3.850 post-conviction motion alleging ineffective assistance of counsel. Our client proceeded to trial, represented by a lawyer not affiliated with our firm. wherein he was ultimately convicted and sentenced to a mandatory twenty years in prison, followed by ten years of probation.

As a result of our firm’s legal efforts, our client’s twenty-year mandatory sentence was vacated, and he was sentenced to thirteen years followed by a term of probation.

MONTREUIL CASE NO.: 03-CF-19901, 03-CF-22060

A 3.850 post-conviction motion to from a guilty plea recommended by a lawyer not affiliated with our law firm and corresponding conviction resulting in two consecutive life sentences. Our client entered an open plea to the court on two separate robberies with a firearm and received two consecutive life sentences.

As a result of our firm’s legal efforts, the court granted our 3.850 motion after a full hearing and vacated our client’s two consecutive life sentences resulting in an eighteen-year sentence with credit for time served. Our client will not die in prison and instead was reunited with his family.

MURPHY CASE NO.: 08-CF-006927

A 3.850 post-conviction motion to the Thirteenth Judicial Circuit Court, filed by a lawyer not affiliated with our law firm, resulted in prosecutors seeking a higher sentence upon remand.

As a result of our firm’s legal efforts, prosecutors agreed to offer credit for time served on the vacated sentence resulting in a sentence reduction of one year.

ISLAM CASE NO.: 09-CF-016407

A 3.850 post-conviction motion to the Thirteenth Judicial Circuit Court from a guilty plea recommended by a lawyer not affiliated with our law firm and corresponding conviction and sentence of twenty-five years in prison.

As a result of our firm’s legal efforts, the State Attorney agreed to vacate our client’s twenty-five-year prison sentence prior to the start of a 3.850 hearing.

WOODARD CASE NO.: 38-02-CF-000119, 38-02-CF-000378

A 3.850 post-conviction motion to the Eighth Judicial Circuit Court resulting from a guilty conviction (when our client was represented by a different law firm) from a VOP and a sentence of ten years in state prison.

As the result of our firm’s legal efforts, prosecutors filed a motion to reverse and vacate. The court granted the motion, reversed our client’s original probation violation convictions and vacated our client’s prison sentence.

HOMANS CASE NO.: 03-CF-2585

A 3.850 post-conviction motion from a guilty plea recommended by a lawyer not affiliated with our firm and corresponding conviction and sentence of five years in state prison and ten years of sex offender probation.

As a result of our firm’s legal efforts, the court vacated his five-year state prison term and terminated his ten-year term of sexual offender probation.

HOWARD CASE NO.: 12-CF-002438

A 3.850 post-conviction motion alleging ineffective assistance of counsel. Our client proceeded to trial, while represented by a lawyer not affiliated with our firm, wherein he was ultimately convicted and sentenced to life in prison.

As a result of our firm’s legal efforts, the court granted his 3.850 motion, after a full hearing, and vacated our client’s life sentence and ordered a new trial.

NOTABLE MISCELLANEOUS CASES

MOSLEY CASE NO.: 08-CF-14335

A successful Writ of Habeas Corpus vacating the conviction and sentence for Failure of a Sex Offender to Register. Conviction Reversed and Sentence Vacated. As the result of our firm’s legal efforts, the court granted our writ of habeas corpus, reversed our client’s conviction, and vacated our client’s original sentence (resulting from when our client was represented by a different law firm). In the eyes of the law, it was as if the case never happened.

CUEVAS CASE NO.: 06-CF-17508, 06-CF-17657

Mr. Cuevas was originally sentenced to twenty-six years but after the court reviewed our motion, he was granted a resentencing based upon the merits of our appellate brief. Mr. Cuevas’s sentence was reduced by a decade.

JALABI CASE NO.: 16-CF-14393

A successful Motion to Withdraw Plea in the Thirteenth Judicial Circuit. Our client entered a negotiated plea, while represented by a lawyer not affiliated with our firm, based upon improper advice of counsel. The court found our client’s previous counsel ineffective and as a result, found that Mr. Jalabi’s plea was not entered voluntarily. The court allowed our client to withdraw his plea.

NOTABLE TRIALS

REMICK CASE NO.: 2022-CF-2096 (Pasco)

Counts: 5 counts of Drug Trafficking, 2 Counts of Possession of a Controlled Substance with Intent to Sell, Possession of a Controlled Substance and Possession of Drug Paraphernalia.

Case Result: Not Guilty of All Counts. Full Acquittal.

MORENO CASE NO.: 2023-CF-1526 (Marion)

Counts: Battery on a Person 65 Years of Age or Older, Battery, and Resisting Law Enforcement without Violence

Case Result: Not Guilty of Felony Battery Count and Misdemeanor Battery Count, Guilty of Resisting Without Violence.

KOLBUS CASE NO: 2022-MM-11618 (Pinellas)

Counts: Refusal to Submit to Testing for Boating Under the Influence

Case Result: Not Guilty

KOLBUS CASE NO: 2022-MM-11618 (Pinellas)

Counts: Boating Under the Influence

Case Result: Not Guilty

GORDON CASE NO.: 2018-CF-5766 (Hillsborough)

Counts: Possession of Cocaine, Possession of Cannabis, and Possession of Drug Paraphernalia

Case Result: Acquitted. Verdicts of Not Guilty on all three counts.

EARGOOD CASE NO.: 2011-CF-18990 (Hillsborough)

Count: Lewd and Lascivious Molestation

Case Result: Acquitted. Verdict of Not Guilty.

BUENDIA CASE NO.: 2011-CF-015032 (Hillsborough-Pinellas)

Counts: Premeditated attempted first-degree murder of a law enforcement officer with a firearm resulting in great bodily harm and aggravated battery by firearm on a law enforcement officer resulting in great bodily harm

Case Result: Hung Jury.

NOTABLE MOTIONS TO SUPPRESS AND MOTIONS TO DISMISS RESULTS

RUPERT CASE NO: 25-07258-CF (Pinellas)

Counts: Possession of Methamphetamine, Felony Possession of Marijuana, DUI,

Case Result: Motion to Suppress filed. On morning of hearing State agreed to time served on the felony charges and reduced the DUI to Reckless Driving, probation with no DUI conditions.

THOMAS CASE NO: 24-CF-7472 (Pinellas)

Counts: Armed Burglary of Conveyance (Life felony) x 2 and Burglary of Conveyance

Case Result: After sending prosecutors draft of Motion to Dismiss, both Armed Burglary charges reduced to Burglary of Conveyance.

GILLIAM CASE NO: 2025-MM-2088 (Polk)

Counts: Indecent Exposure of Sexual Organs

Case Result: Motion to Dismiss Granted. Case Dismissed.

JENKINS CASE NO: 2024-CF-1966 (Marion)

Counts: Trafficking in Methamphetamine

Case Result: Motion to Suppress Granted. Case Dismissed.

WILLIAMS CASE NO.: 2023-CF-05807 (Hillsborough)

Counts: Trafficking in Cannabis and Resisting an Officer Without Violence

Case Result: Motion to Suppress Granted. Case Dismissed.

SWINSON CASE NO.: 2023-CF-1157 (Hillsborough)

Counts: Worker’s Compensation Fraud

Case Result: Motion to Dismiss Granted. Case Dismissed.

ROBINSON CASE NO: 2022-CF-6911 (Hillsborough)

Counts: Trafficking in Cocaine and Felon in Possession of a Firearm

Case Result: Motion to Suppress Granted. Case Dismissed.

VAZQUEZ CASE NO.: 2020-CF-6060 (Hillsborough)

Counts: Possession of a Controlled Substance and Tampering with Physical Evidence

Case Result: After filing a Motion to Dismiss, prosecutors agreed to enter a nolle prosequi in the case without the need for a hearing on the motion. Case Dismissed.

MARTINEZ CASE NO.: 2019-CF-017722 (Hillsborough)

Count: Possession of a Controlled Substance – Cocaine

Case Result: After filing a dispositive Motion to Suppress the search of the client, prosecutors agreed to reduce the charge to Possession of Drug Paraphernalia and offered the client a withhold of adjudication.

NEIRA CASE NO.: 2017-CF-9318 (Orange)

Count: Trafficking in Methamphetamine

Case Result: After filing a dispositive motion to suppress the search warrant, prosecutors agreed to reduce methamphetamine trafficking to simple possession and a short term of probation.

GARCIA CASE NO.: 2016-CF-10182 (Sarasota)

Count: Aggravated Battery

Case Result: After filing a Petition of Certiorari to the Second District Court of Appeals challenging the trial court’s denial of Garcia’s Stand Your Ground Motion, the Second District sent the motion back to the trial court for a proper disposition. Motion Granted. Case Dismissed.

DINER CASE NO.: 2016-CF-013503 (Hillsborough)

Counts: 100 Counts of Possession of Child Pornography

Case Result: Motion to Suppress Granted. Case Dismissed.

ALICEA CASE NO.: 2016-CF-006626 (Hillsborough)

Count: Possession of Heroin with Intent to Sell

Case Result: Motion to Suppress Granted. Case Dismissed.

RITTER CASE NO.: 2016-CF-012859-A (Hillsborough)

Count: Battery on an Officer

Case Result: State Conceded to Defendant’s Motion to Dismiss, and the Defendant was permitted to enter the pretrial diversion program.

VILLEGAS CASE NO.: 2015-CF-013804-A (Hillsborough)

Counts: Carrying a Concealed Firearm and Possession of Cannabis

Case Result: State Conceded to Defendant’s Motion to Dismiss, and the Defendant was permitted to do the diversion program.

GOMEZ CASE NO.: 2011-CF-002012 (Marion)

Counts: Burglary, Grand Theft, and Possession of Burglary Tools

Case Result: Motion to Suppress Granted. Case Dismissed.

FAGAN CASE NO.: 2011-CF-3312 (Hillsborough)

Count: Dealing in Stolen Property

Case Result: Motion to Dismiss Granted. Case Dismissed.

MOSLEY CASE NO.: 2010-CF-013346 (Hillsborough)

Counts: Two Count Felony Failure of a Sex Offender to Report

Case Result: Motion to Dismiss Granted. Case Dismissed.

STEVENS CASE NO.: 2010-CF-016486(Hillsborough)

Count: Violation of Probation

Case Result: Motion to Dismiss Granted. Case Dismissed.

SMITH CASE NO.: 2006-CF-018405, 11-CF-248 (Hillsborough)

Counts: Failure of Sex Offender to Report a Change of Address and VOP

Case Result: Motion to Dismiss Granted. Case Dismissed.

FELIX CASE NO.: 2005-CF-1409 (Hillsborough)

Count: Conspiracy to Traffic in Heroin

Case Result: Motion to Suppress Granted. Case Dismissed.

BARFIELD CASE NO.: 2001-CF-11271 et al. (Hillsborough)

Count: Eighth Violation of Community Control and Probation

Case Result: Motion to Dismiss Granted based on Richardson discovery violation.

ROLON CASE NO.: 1998-CR-247 (Massachusetts)

Count: Possession of Hashish

Case Result: Motion to Dismiss Granted. Case Dismissed.

NOTABLE CASE DISMISSALS BASED UPON A POLYGRAPH EXAMINATION

MACIAS CASE NO.: 2010-CF-0038191 (Marion)

Count: Trafficking in Methamphetamine

Case Result: Case Dismissed based upon a successful polygraph examination.

NOTABLE CASE DISMISSALS BEFORE CHARGES WERE FILED

JOHNS CASE NO: 26-02182-CF (Pinellas)

Counts: Child Abuse

Case Result: No Charges Filed.

YAHN CASE NO: 2025-MM-12539 (Pinellas)

Counts: Providing False Information to a Law Enforcement Officer

Case Result: No Charges Filed.

HELLSINGER CASE NO: 2025-MM-14396 (Pinellas)

Counts: Domestic Violence Battery

Case Result: No Charges Filed.

REESE CASE NO: 2025-CF-2929 (Marion)

Counts: Domestic Violence Battery

Case Result: No Charges Filed.

SAULSBERRY CASE NO: 2025-CF-9877 (Hillsborough)

Counts: Burglary of an Occupied Dwelling with Assault or Battery

Case Result: No Charges Filed.

ROGERS CASE NO: 2025-CF-6431 (Hillsborough)

Counts: Battery on a Law Enforcement Officer

Case Result: No Charges Filed.

THOMAS CASE NO: 2025-CF-132 (Marion)

Counts: Aggravated Assault with a Deadly Weapon

Case Result: No Charges Filed.

AUSTIN CASE NO: 2025-MM-09172 (Pinellas)

Counts: Domestic Violence Battery

Case Result: No Charges Filed.

DELROSARIO CASE NO: 25-CF-04007 (Pinellas)

Counts: Felony Domestica Battery by Strangulation

Case Result: No Charges Filed.

THOMPSON CASE NO.: 2021-10993-CF (Pinellas)

Count: Trafficking in Hydrocodone (Codeine)

Case Result: No Charges Filed

SUPER CASE NO.: 2021-7775-MM (Pinellas)

Count: Battery Domestic Violence

Case Result: No Charges Filed.

FRENCH CASE NO.: 2021-CF-00304 (Pinellas)

Count: Battery of a Law Enforcement Officer

Case Result: No Charges Filed.

DOE: CASE NO.: None Assigned (Hillsborough)

Counts: Worthless Check – Felony and Fraud

Case Result: No Charges Filed.

DOE: CASE NO.: None Assigned (Pasco)

Count: Possession of a Controlled Substance

Case Result: No Arrest. No Charges Filed.

DOE CASE NO.: None Assigned (Orange)

Counts: Lewd and Lascivious Conduct and a Lifetime Sexual Offender Label

Case Result: No Arrest. No Charges Filed.

DOE CASE NO.: None Assigned (Pinellas)

Count: Grand Theft Second Degree

Case Result: No Arrest. No Charges Filed.

DOE CASE NO.: None Assigned (Hillsborough)

Counts: Lewd and Lascivious Battery and a Lifetime Sexual Offender Label

Case Result: No Arrest. No Charges Filed.

DOE CASE NO.: None Assigned (Hillsborough)

Counts: Lewd and Lascivious Battery and a Lifetime Sexual Offender Label

Case Result: No Arrest. No Charges Filed.

DOE CASE NO.: None Assigned (Hillsborough)

Count: Sexual Battery on a Person with Familial Authority

Case Result: No arrest. No Charges Filed.

DOE CASE NO.: None Assigned (Hillsborough)

Counts: Sexual Battery and a Lifetime Sexual Offender Label

Case Result: No Arrest. No Charges Filed.

DOE CASE NO.: None Assigned (Hillsborough)

Counts: Two Counts of Sexual Battery on a Minor

Case Result: No Arrest. No Charges Filed.

DOE CASE NO.: None Assigned (Hillsborough)

Counts: Forcible Sexual Battery, False Imprisonment, and Sexual Offender Label

Case Result: No Arrest. No Charges Filed.

NOTABLE CRIMINAL CASE DISMISSALS AFTER CHARGES WERE FILED

DELL CASE NO: 2023-CF-7409 (Pinellas)

Count: Possession of Cocaine, Possession of Paraphernalia

Case Result: Case dismissed.

FLORES CASE NO: 2025-CF-2781 (Seminole)

Count: Felony Possession of Counterfeit License Plate, Felony Fraudulent Vehicle Insurance, No Motor Vehicle Registration,

Case Result: All charges dismissed but for No Motor Vehicle Registration, fine and court costs.

QUINN CASE NO: 2025-MM-4362 (Sarasota)

Count: Criminal Mischief

Case Result: Case dismissed.

FITZGERALD CASE NO: 2025-CF-9839 (Hillsborough)

Counts: Aggravated Battery with a Deadly Weapon (4 counts) and Felony Fleeing and Eluding

Case Result: All Aggravated Battery charges dismissed and Fleeing and Eluding reduced to Misdemeanor Resisting an Officer Without Violence.

ROE CASE NO: 2025-MM-2493 (Sarasota)

Counts: False Report Concerning the Planting of a Bomb and Disruption of a School Function

Case Result: False Report Concerning the Planting of a Bomb dismissed.

WIENER CASE NO.: 25-MM-05561

Counts: Violation of Pretrial Release

Case Result: Case Dismissed.

GANDHI CASE NO.: 2025-CF-10203 (Hillsborough)

Counts: Fifty counts of Making a False Entry in Books

Case Result: All Charges Dismissed except 1 count reduced to Petit Theft (Pretrial intervention).

WRIGHT CASE NO.: 2024-CF-48 (Hillsborough)

Counts: Trafficking in Oxycodone, Trafficking Fentanyl, and Possession of Cocaine

Case Result: All Charges Dismissed but for Cocaine Possession (Credit for Time Served).

OVERSTREET CASE NO.: 2020-CF-4202 (Marion)

Counts: Trafficking Methamphetamine, Resisting Law Enforcement Without Violence, and Possession of Paraphernalia

Case Result: Case Dismissed.

JACKSON CASE NO.: 2020-CF-2119, 2020-CF-4272, 2021-CF-2815 (Marion)

Counts: VOP (Discharging of a Firearm from a Vehicle), VOP (Carrying Concealed Firearm), and Aggravated Assault with a Deadly Weapon

Case Result: New Case and All Probation Violations Dismissed.

WELTER CASE NO.: 2019-CF-587 (Lee)

Counts: Unlicensed Contracting During a State of Emergency, Grand Theft Second Degree, and Criminal Use of Personal Identification Information

Case Result: Case Dismissed.

HARRIS CASE NO.: 2021-CF-13802-B (Hillsborough)

Counts: Trafficking in Cannabis and Possession of Drug Paraphernalia

Case Result: Reduction to Simple Possession, Withhold of Adjudication, and Probation.

BALL CASE NO.: 2021-11256-MM (Pinellas)

Count: Animal Cruelty

Case Result: Case Dismissed.

MAXWELL CASE NO.: 2021-CM-10800 (Hillsborough)

Count: Domestic Violence – Battery

Case Result: Case Dismissed.

RANGEL CASE NO.: 2021-CM-5873 (Hillsborough)

Count: Possession of Marijuana

Case Result: Case Dismissed.

CULLISON CASE NO.: 2020-CF-2931 (Lake)

Count: Possession of Methamphetamine

Case Result: Case Dismissed.

MCGRAW CASE NO.: 2021-CF-3462 (Palm Beach)

Count: Burglary of a Conveyance

Case Result: Charges Dismissed.

WATSON CASE NO.: 2020-MM-001060 (Citrus)

Count: Battery Domestic Violence

Case Result: Case Dismissed.

MCMAHON CASE NO.: 2017-MM-9497 (Sarasota)

Count: Minor in Possession of Alcohol

Case Result: Case Dismissed.

GILMORE CASE NO.: 2020-CM-1345 (Hillsborough)

Count: Domestic Violence – Battery

Case Result: Case Dismissed.

MARTINEZ CASE NO.: 2020-CM-6116-A (Hillsborough)

Count: Domestic Violence – Battery

Case Result: Case Dismissed.

SERRANO-ABRIL CASE NO.: 2018-CF-2564 (Polk)

Counts: Racketeering and Conspiracy to Commit Racketeering

Case Result: Case Dismissed.

DAVIS CASE NO.: 2014-CF-679 (Hillsborough)

Counts: Grand Theft and Uttering a Forged Instrument

Case Result: Case Dismissed.

WILLIS CASE NO.: 2012-CF-3617 (Marion)

Count: Attempted Robbery with a Firearm

Case Result: Case Dismissed.

ARENAS CASE NO.: 2015-CF-013193-A (Hillsborough)

Count: Discharging a Weapon from an Occupied Vehicle

Case Result: Case Dismissed.

MOHAMMAD CASE NO.: 2015-CF-003942-A (Marion)

Count: Possession of Cocaine

Case Result: Case Dismissed.

SANTOS CASE NO.: 2016-CF-003829 NC (Sarasota)

Count: Battery on a Pregnant Female

Case Result: Case Dismissed.

JOHNSON CASE NO.: 2015-CF-000263 (Hardee)

Counts: Felon in Possession of a Firearm, Resisting without Violence, and Possession of Cannabis

Case Result: Case Dismissed.

HARMON CASE NO.: 2015-CF-009007-A (Hillsborough)

Count: Failure to Redeliver Hired Property

Case Result: Case Dismissed.

EDISON CASE NO.: 2015-CF-016856 (Lee)

Counts: Sale of Cocaine and Possession of Cocaine

Case Result: Case Dismissed.

STEVENS CASE NO.: 2011-CF-03409(Hillsborough)

Counts: Felony Battery and Battery

Case Result: Case Dismissed.

GAETANO CASE NO.: 2013-CF-008843,2013-CM-014221 (Hillsborough)

Counts: Battery, Child Abuse, False Imprisonment on a Child, Tampering with a Witness, Sexual Battery, Possession of Drug Paraphernalia, Unlawful Sexual Activity with a Minor, and Obstructing or Opposing an Officer without Violence

Case Result: As a result of our firm’s efforts, the state did not file any felony charges. This matter was then transferred from felony court to misdemeanor court with the remaining charges of battery, possession of drug paraphernalia, and obstructing or opposing an officer without violence.The battery charge was then dropped by the state. Our client received a credit for time served sentence for the remaining misdemeanor charges of possession of drug paraphernalia and obstructing or opposing an officer without violence.

WILLIAMSON CASE NO.: 2001-2559-CFANO (Pinellas)

Count: Failure to Redeliver Hired Property

Case Result: Case Dismissed.

COOK CASE NO.: 2011-CR-06258 (Hillsborough)

Count: 80 Counts of Possession of Child Pornography (10 or More Images)

Case Result: Case Dismissed.

ALVEY CASE NO.: 2008-CF-11650 (Hillsborough)

Count: Grand Theft of a Motor Vehicle in the Second Degree

Case Result: Case Dismissed.

DEJESUS CASE NO.: 2012-000178-CFMA (Highlands)

Count: Trafficking in Cocaine

Case Result: Case Dismissed.

WOOD CASE NO.: 2013-CM-015786 (Hillsborough)

Count: Domestic Violence Battery

Case Result: Case Dismissed.

HAKEEM CASE NO.: 2014-CM-008307 (Hillsborough)

Count: Domestic Violence – Battery

Case Result: Case Dismissed.

FITZHENRY CASE NO.: 2013-CM-017851, 2013-CM-017852 (Hillsborough)

Counts: Three charges of Obtaining Property for a Worthless Check

Case Result: Case Dismissed.

NOTABLE SEX OFFENSE AND CHILD PORNOGRAPHY RESULTS

MATHIS CASE NO.: 2025-CF-01635 (Pasco)

Counts: Traveling to Meet a Minor

Case Result: Motion to Suppress filed. State reduced to Unlawful Use of a Two-Way Communication Device and probation. 

DEFELICE CASE NO.: 2024-CF-14149 (Orange)

Counts: Thirty-six counts of child pornography possession

Case Result: Withhold of adjudication and probation.

VAUGHN CASE NO.: 2024-CF-1489 (Pasco)

Counts: Lewd and Lascivious Molestation

Case Result: Pretrial Diverison.

TKATCH CASE NO.: 2022-CF-014542 (Orange)

Counts: Traveling to Meet a Minor and Unlawful Use of Two-WayCommunicationDevice

Case Result: Probation.

ALDERMAN CASE NO.: 2022-CF-017267 (Hillsborough)

Counts: Sexual Battery Victim Less than 12 and Sexual Battery

Case Result: Probation to Non-Sexual Offenses.

BRUNER CASE NO.: 2018-CF-00018484 (Hillsborough)

Count: Sexual Battery

Case Result: Probation to Non-Sexual Offense. Client is not a sexual predator.

ROSARIO CASE NO.: 2018-CF-0006107 (Orange)

Counts: Two Counts of Lewd and Lascivious Molestation (Child Under 12)

Case Result: All charges dismissed or reduced to a single misdemeanor. Client is neither a felon nor sexual offender.

KARKAVANDIAN CASE NO.: 2018-CF-00018484AX (Hillsborough)

Count: Lewd and Lascivious Battery

Case Result: Probation to a non-sex offense and a withhold of adjudication. Client is neither a felon nor sexual offender. Client was a police officer when he retained our law firm.

ORTIZ CASE NO.: 2018-CF-000169AX (Marion)

Count: Sexual Battery

Case Result: Probation to a non-sex offense and a withhold of adjudication. Client is neither a felon nor sexual offender.

DINER CASE NO.: 2016-CF-013503 (Hillsborough)

Counts: 100 Counts of Possession of Child Pornography

Case Result: Motion to Suppress Granted. Case Dismissed.

EARGOOD CASE NO.: 2011-CF-18990 (Hillsborough)

Count: Lewd and Lascivious Molestation

Case Result: Verdict of Not Guilty.

MATHIS CASE NO.: 2015-CF-9007 (Hillsborough)

Count: Lewd and Lascivious Molestation

Case Result: Reduction in charges to Battery and Probation. Mathis is not a sexual offender as a result of this plea deal.

VLIET CASE NO.: 2014-04805-CFAWS (Pasco)

Count: Lewd and Lascivious Molestation

Case Result: Reduction in charges to child abuse and probation. Vliet is not a sexual offender because of this plea deal.

DOE CASE NO.: None Assigned (Hillsborough)

Counts: Sexual Battery and a Lifetime Sexual Offender Label

Case Result: No Arrest. No Charges Filed. Name not listed to protect the innocent.

DOE CASE NO.: None Assigned (Hillsborough)

Counts: Two Counts of Sexual Battery on a Minor

Case Result: No Arrest. No Charges Filed. Name not listed to protect the innocent.

DOE CASE NO.: None Assigned (Hillsborough)

Counts: Forcible Sexual Battery, False Imprisonment, and a Lifetime Sexual Offender Label

Case Result: No Arrest. No Charges Filed. Name not listed to protect the innocent.

GAETANO CASE NO.: 2013-CF-008843,2013-CM-014221 (Hillsborough)

Counts: Battery, Child Abuse, False Imprisonment on a Child, Witness Tampering, Sexual Battery, Possession of Drug Paraphernalia, Unlawful Sexual Activity with a Minor, and Obstructing or Opposing an Officer Without Violence

Case Result: As a result of our firm’s efforts, the state did not file any felony charges. This matter was then transferred from felony court to misdemeanor court with the remaining charges of battery, possession of drug paraphernalia, and obstructing or opposing an officer without violence.The battery charge was then dropped by the state. Our client received a time served sentence (20 days) for the remaining misdemeanor charges of possession of drug paraphernalia and obstructing or opposing an officer without violence.

COOK CASE NO.: 2013-CR-06258 (Hillsborough)

Counts: Eighty Counts of Possession of Child Pornography

Case Result: Case Dismissed.

PARRILLA CASE NO.: 2013-CF-10646 (Hillsborough)

Count: Count of Possession of Child Pornography

Case Result: Probation.

TORRES CASE NO.: 2014-CF-008938(Polk)

Counts: Using a Child to Engage in Sexual Acts and Human Trafficking

Case Result: Probation.

GRUSZCYNSKI CASE NO.: 2011-CF-1179 (Hernando)

Count: Sending Obscene Material to a Minor

Case Result: Charges reduced to Child Abuse. Probation.

SMITH CASE NO.: 2006-CF-018405, 11-CF-248 (Hillsborough)

Counts: Failure of Sex Offender to Report and Third VOP

Case Result: Motion to Dismiss Granted. Case Dismissed.

MOSLEY CASE NO.: 2010-CF-013346 (Hillsborough)

Count: Failure of a Sex Offender to Report

Case Result: Motion to Dismiss Granted. Case Dismissed.

WILLIAMS CASE NO.: 2010-CF-003236 (Hillsborough)

Count: Failure of Sex Offender to Report

Case Result: Credit for time already served.

PARRILLA CASE NO.: 2013-CF-10646 (Hillsborough)

Count: Second Violation of Sex Offender Probation

Case Result: Reinstated to the originalterms and conditions of probation.

NOTABLE DRUG TRAFFICKING AND MINIMUM MANDATORY RESULTS

HEFLIN CASE NO.: 2024-CF-8687 (Hillsborough) 

Counts: Trafficking in Cocaine

Case Result: A reduction to simple possession and probation. 

WRIGHT CASE NO.: 2024-CF-48 (Hillsborough)

Counts: Trafficking in Oxycodone, Trafficking Fentanyl, Possession of Cocaine, and Possession of a Controlled Substance

Case Result: All Charges dismissed but for Cocaine for Time Served.

WILLIAMS CASE NO.: 2024-CF-9757 (Hillsborough)

Counts: Trafficking in Cannabis

Case Result: Reduced to simple possession and a withhold of adjudication

OVERSTREET CASE NO.: 2020-CF-4202 (Marion)

Counts: Trafficking Methamphetamine, Resisting Law Enforcement Without Violence, and Possession of Paraphernalia

Case Result: Case Dismissed.

FAISON CASE NO.: 2019-CF-2082 (Hillsborough)

Count: Drug Trafficking

Case Result: Case reduced to a simple possession and probation.

SMITH CASE NO.: 2016-CF-96743 (Polk)

Count: Trafficking Methamphetamine

Case Result: Withhold of adjudication and probation.

RODRIGUEZ CASE NO.: 2018-CF-6443 (Hillsborough)

Count: Trafficking Cocaine

Case Result: Case reduced to a simple possession and probation.

TORRES CASE NO.: 2018-897-CF (Marion)

Counts: Felony Possession of Synthetic Marijuana, Fleeing or Eluding Law Enforcement, Driving on a Suspended License, and Possession of Paraphernalia

Case Result: Nine months in the county jail.

ABNEY CASE NO.: 2016-CF-606 and 2016-CF-605 (Marion)

Count: Trafficking in Methamphetamine

Case Result: Defendant pled to the reduced charges of sale and possession only and was offered a county jail sentence.

SCRUGGS CASE NO.: 2013-09396-CFANO (Pinellas)

Counts: Trafficking Cocaine, Aggravated Assault with a Firearm, and Felon in Possession of a Firearm

Case Result: Defendant pled to possession of a controlled substance only and received time served. All other charges were dismissed.

DUNCAN CASE NO.: 2014-CF-1253 (Sarasota)

Counts: Possession of a Controlled Substance (LSD), Possession of a Controlled Substance (MDMA), Possession of Cannabis (more than 20 grams), and Possession of Drug Paraphernalia

Case Result: Probation. No jail or prison.

TILLIS CASE NO.: 2012-CF-004670 (Hillsborough)

Count: Trafficking in Cocaine (400 grams to 150 kilograms)

Case Result: Probation. No jail or prison.

DEWESE CASE NO.: 2011-CF-014672 (Hillsborough)

Counts: Trafficking in Cocaine and Trafficking in Phenethylamines

Case Result: Probation. No jail or prison.

STOKES CASE NO.: 2012-CF-231 (Alachua)

Count: RICO

Case Result: RICO dismissed. Case reduced to possession with intent to distribute marijuana. Probation. No jail or prison.

ROMAIN CASE NO.: 2011-CF-016307 (Hillsborough)

Counts: Four Counts of Trafficking in Illegal Drugs, Possession of a Controlled Substance with Intent to Sell, and Four Counts of Felony Possession of Illegal Drugs

Case Result: In-Jail Drug Treatment Program and Probation. No prison.

MCGRAW CASE NO.: 2011-CF-9665 (Hillsborough)

Count: Trafficking Oxycodone

Case Result: Probation. No jail or prison.

WILLIAMS CASE NO.: 2010-CF-016222 (Hillsborough)

Count: Trafficking Cocaine

Case Result: Probation. No jail or prison.

GREENE CASE NO.: 2010-CF-014917 (Hillsborough)

Counts: Trafficking in Illegal Drugs and Conspiracy to Traffic in Drugs

Case Result: Probation. No jail or prison.

TOWNSEND CASENO.: 2010-CF-7768 (Hillsborough)

Counts: Trafficking in Illegal Drugs and Conspiracy to Traffic in Drugs

Case Result: Probation. No jail or prison.

LAUKOFF CASE NO.: 2008-CF-011446 (Hillsborough)

Count: Conspiracy to Traffic in Marijuana

Case Result: Probation. No jail or prison.

FERREIRAS CASE NO.: 2003-155 (State of New York)

Count: (A1) First Degree Cocaine Trafficking

Case Result: Probation. No jail or prison.

HUDSON CASE NO.: 2007-04725 (Hillsborough)

Count: Conspiracy to Traffic in Marijuana

Case Result: 275 days of work release followed by probation.

NOTABLE VIOLATIONS OF PROBATION RESULTS

CHARLES CASE NO.: 19-12174-CF (Pinellas)

Count: Attempted Lewd and Lascivious Molestation – 3rd violation 

Case Result: Probation reinstated, 90 days county jail. 

CALDERON CASE NO.: 2013-CF-10268-A (Hillsborough)

Count: Violation of Probation (Possession of Cocaine and DWLS)

Case Result: Violation dismissed, warrant recalled, and probation terminated, without client ever having to travel to Florida from New York.

LACY CASE NO.: 2019-CF-14910 (Lee)

Count: Violation of Probation (Felony Driving While License Cancelled Suspended or Revoked and Possession of Drug Paraphernalia)

Case Result: Violation dismissed, warrant recalled, and probation terminated early.

LEWIS CASE NO.: 2012-CF-4143 (Polk)

Count: Violation of Probation (Felony Driving While License Cancelled Suspended or Revoked)

Case Result: Violation dismissed, warrant recalled, and probation terminated.

SANTOS CASE NO.: 2017-CF-3014-A (Osceola)

Count: Violation of Probation (Solicitation of a Minor via a Computer and Resisting an Officer without Violence)

Case Result: Violation of probation dismissed.

CAMARA CASE NO.: 2011-CF-017186 (Hillsborough)

Count: Robbery

Case Result: Violation dismissed after a full probation violation hearing with witnesses.

BERGERON CASE NO.: 2012-CF-002877-A(Hillsborough)

Counts: On probation for Burglary of a Dwelling, two counts of Dealing in Stolen Property and two counts of False Information on a Pawnbroker Form. Bergeron picked up 23 new counts of Dealing in Stolen Property and False Information on a Pawnbroker Form

Case Result: Probation.

STEVENS CASE NO.: 2010-CF-016486(Hillsborough)

Count: Violation of Probation

Case Result: Motion to Dismiss Granted.

PARRILLA CASE NO.: 2013-CF-10646 (Hillsborough)

Count: Second Violation of Sex Offender Probation

Case Result: Reinstated to theoriginalterms and conditions of probation.

CAMACHO CASE NO.: 2009-CF-19218, 2010-CF-15772 (Hillsborough)

Count: Fourth Violation of Probation

Case Result: Reinstated to the original terms and conditions of probation.

KRAMER CASE NO.: 2012-CF-001478, 2012-CF-001786 (Hillsborough)

Count: Third Violation of Probation

Case Result: One year of community control and two years of drug probation.

ANDREWS CASE NO.: 2012-CF-008047, 2012-CF-011057 (Hillsborough)

Count: Second Violation of Probation with New Criminal Charge

Case Result: Reinstatement to original terms and conditions of probation.

DIEU CASE NO.: 2009-03317-CFANO(Pinellas)

Count: Violation of Probation (Burglary of an Occupied Dwelling – Gang Related)

Case Result: CaseDismissed after a full violation hearing with witnesses.

BARFIELD CASE NO.: 2001-CF-11271 et al. (Hillsborough)

Count: Eighth Violation of Community Control and Probation

Case Result: Motion to Dismiss Granted based on Richardson discovery violation.

RACE CASE NO.: 2008-05609-CFANO (Pinellas)

Count: Violation of Probation (Child Abuse)

Case Result: Reinstatement to original probation.

FELIX CASE NO.: 2003-CF-1688 (Hillsborough)

Count: Conspiracy to Traffic in Heroin

Case Result: Reinstatement to original probation after our motion to suppress was granted.

NOTABLE DUI RESULTS

TERINO CASE NO.: 2017-CT-010251 (Hillsborough)

Count: Driving Under the Influence – DUI

Case Result: Amended to a reckless driving, no jail and no license revocation.

WALKER CASE NO.: 2016-CT-001791-A (Orange)

Count: Driving Under the Influence – DUI

Case Result: Amended to a reckless driving, no jail and no license revocation.

SAFAR CASE NO.: 2014-CT-146862 (Hillsborough)

Count: Driving Under the Influence – DUI

Case Result: Amended to a reckless driving, no jail and no license revocation.

ROBERTS CASE NO.: 2012-CM-6386 (Hillsborough)

Count: Driving Under the Influence – DUI: Second Within Five Years

Case Result: Amended to a reckless driving, no jail or probation.

MAXWELL CASE NO.: 2012-CM-62-CT (Holmes)

Count: Driving Under the Influence – DUI

Case Result: Amended to a reckless driving, no jail and no license revocation.

CINAL CASE NO.: 2011-CM-6699 (Hillsborough)

Count: Driving Under the Influence – DUI: Second Within Five Years

Case Result: Amended to a reckless driving, no jail and no license revocation.

KURPASI CASE NO.: 2010-CM-5744 (Hillsborough)

Count: Driving Under the Influence – DUI

Case Result: Amended to a reckless driving, no jail and no license revocation.

LEASURE CASE NO.: 2004-CM-201214 (Hillsborough)

Count: Driving Under the Influence – DUI

Case Result: Amended to a reckless driving, no jail and no license revocation.

ESLER CASE NO.: 2004-1097

Count: An appeal to the Second District Court of Appeal from a jury conviction and sentence of five years in prison on a count of DUI with serious bodily injury.

Case Result: Case reversed. As a result of our firm’s appellate efforts, the Second District Court of Appeal overturned the circuit court jury conviction and five-year state prison term.

OTHER NOTABLE CRIMINAL RESULTS

WHITE CASE NO: 25-CF-3728 (Sarasota)

Counts: Felony Battery by Strangulation  

Case Result: Reduced to Misdemeanor Battery, probation. 

FOLCARELLI CASE NO: 25-CF-00001 (Pinellas)

Counts: Felony Battery on Person 65 years or Older

Case Result: Reduced to Misdemeanor Battery the morning of trial.

OGLESBY CASE NO.: 2020-CF-003161

Count: Possession of a Controlled Substance

Case Result: After sending the prosecutors an extensive mitigation package, the State agreed to not seek prison and the Client pled out to 24 months of probation with no special conditions.

YATES CASE NO.: 2015-CF-004154A000XX (Polk)

Counts: Armed Robbery with a Firearm and Armed Kidnapping

Case Result: Reduction in charges and Probation.

JACKSON CASE NO.: 2017-5940-CF, 2015-11056-CF(Hillsborough)

Counts: Robbery with a Firearm, Aggravated Assault with a Firearm, and Possession of a Firearm by a Convicted Felon

Case Result: The Defendant was on probation for Robbery with a Firearm and committed the new law offense of Aggravated Assault with a Firearm and Felon in Possession of a Firearm. Mr. Jackson avoided prison and his probation was reinstated.

OLIVER CASE NO.: 2018-07144-CFANO (Pinellas)

Count: Driving on a Suspended License as a Habitual Offender

Case Result: Felony reduced charge to a misdemeanor and probation.

SERAPHIN CASE NO.: 2018-03649-CFANO (Pinellas)

Count: Failure of Career Offender to Register

Case Result: Felony reduced to a misdemeanor and time served.

HADLEY CASE NO.: 2018-5126, 2018-7161 (Pinellas)

Counts: Failure of Sex Offender to Register and Felony Driving on a Suspended License as a Habitual Traffic Offender

Case Result: Felony reduced to a misdemeanor and time served.

HADLEY CASE NO.: 2018-897-CF (Marion)

Counts: Felony Possession of Synthetic Marijuana, Fleeing or Eluding Law Enforcement, and Driving on a Suspended License and Possession of Paraphernalia

Case Result: 9 months in the county jail.

DAVIS CASE NO.: 2018-CF-11520 (Hillsborough)

Count: Aggravated Assault while Discharging a Firearm

Case Result: The State waived the 10-year minimum mandatory in exchange for one year and one day in prison.

MILLER CASE NO.: 2015-CF-001292, 2015-CF-014145 (Hillsborough)

Counts: Delivery of Cannabis, Possession of Cannabis, Battery, Resisting without Violence and Criminal Mischief

Case Result: All felonies dismissed. Time served on a misdemeanor.

WADE CASE NO.: 2013-CF-017372

Count: Fraudulently Presenting a False Statement

Case Result: A withhold of adjudication and probation. No jail or prison.

PARRILLA CASE NO.: 2013-CF-10646 (Hillsborough)

Count: 1 Count of Possession of Child Pornography

Case Result: Probation. No jail or prison.

COBB CASE NO.: 2012-CF-17727 (Hillsborough)

Count: Felon in Possession of a Firearm

Case Result: Our client paid court costs, and the case was dismissed.

MORRISON CASE NO.: 2011-CF-2655 (Marion)

Counts: False Imprisonment, Tampering with a Witness, and Battery

Case Result: All felonies were dismissed. Our client paid court costs.

MOSLEY CASE NO.: 2009-CF-021579 (Hillsborough)

Counts: Burglary of an Unoccupied Dwelling, two counts of Dealing in Stolen Property, and False Information on a Pawnbroker Form

Case Result: Probation. No jail or prison.

PETIT CASE NO.: 10 Cases Total (Hillsborough)

Counts: Dealing Stolen Property, Grand Theft, and Failure to Return Leased Property

Case Result: Probation. No jail or prison.

BLANCO CASE NO.: 2009-CF-012075 (Hillsborough)

Count: Grand Theft $84,000.00 Second Degree Felony

Case Result: Probation. No jail or prison.

DIAZ CASE NO.: 2004-CF-13351 (Hillsborough)

Counts: Attempted First Degree Murder and Armed Robbery

Case Result: Probation. No jail or prison.

O’CALLAHAN CASE NO.: 2010-01328-CFANO (Pinellas)

Count: Home Invasion Robbery

Case Result: Case reduced to misdemeanor trespass. Credit for time served.

CIAMPOLI CASE NO.: 2010-06944-CFAWS (West Pasco)

Counts: Aggravated Assault with a Deadly Weapon and Trespass

Case Result: Case reduced to misdemeanor assault. Credit for time served.

WILLIAMS CASE NO.: 2010-CF-003236 (Hillsborough)

Count: Failure of Sex Offender to Report Quarterly

Case Result: Credit for time already served.

HERSEY CASE NO.: 2005-CF-015527 (Hillsborough)

Counts: Felon in Possession of Firearm, Possession of Cocaine, and Violation of Probation

Case Result: A short county jail term and probation. No prison.

VELEZ CASE NO.: 2004-CF-15298 (Hillsborough)

Counts: Attempted First Degree Murder and Aggravated Battery

Case Result: Attempted first-degree murder and aggravated battery dismissed. The case was reduced to a misdemeanor assault.

PARSONS CASE NO.: 2004-CF-7455 (Hillsborough)

Counts: Attempted First Degree Murder and Aggravated Battery Firearm

Case Result: The case was reduced to aggravated assault. Attempted First Degree Murder and Aggravated Battery counts were dismissed.

LINDER CASE NO.: 2009-CF-000073, 2010-CF-012925 (Hillsborough)

Counts: Burglary of an Occupied Dwelling and Third Violation of Probation

Case Result: DACCO Drug Treatment Program followed by a term of probation.

HOWARD CASE NO.: 2011-CF-4913 (Hillsborough)

Counts: Two counts of Armed Robbery with a Firearm and Armed Burglary

Case Result: Youthful Offender sanctions.

CAMACHO CASE NO.: 2009-CF-019218, 2010-CF-015772 (Hillsborough)

Counts: Conspiracy to Commit Home Invasion Robbery with a Firearm, Burglary of an Occupied Dwelling with Assault or Battery, Grand Theft Firearm, and a Violation of Felony Probation

Case Result: Avon Park dual treatment program followed by a term of probation.

GRUSZCYNSKI CASE NO.: 2011-CF-1179 (Hernando County)

Count: Sending Obscene Material to a Minor

Case Result: Charges reduced to Child Abuse. Probation. No jail or prison.

NOTABLE FEDERAL TRIALS

USA v. ANDERSON CASE NO.: 8:20-CR-81-JUNG

Counts: Conspiracy to possess with intent to distribute cocaine and marijuana

Trial Result: Verdict of Not Guilty as to Cocaine. Conceded marijuana during trial.

USA v. JACKSON CASE NO.: 2:18-CR-14-GODBEY-WOOD

Counts: Conspiracy to possess with intent to distribute 5 kilograms or more of cocaine, conspiracy to possess with intent to distribute cocaine base, and conspiracy to possess with intent to distribute marijuana, and possession of 500 grams or more of cocaine with intent to distribute

Trial Result: Verdict of Not Guilty on all counts.

USA v. CRUZ-ALVAREZ CASE NO.: 5:08-CR-22-HODGES

Counts: Conspiracy to distribute 100 or more marijuana plants and possession with the intent to distribute 100 or more marijuana plants

Trial Result: Verdict of Not Guilty on all counts.

USA v. SMITH CASE NO.: 6:04-CR-37-FAWSETT

Counts: Conspiracy to distribute 50 kilograms of cocaine, possession of marijuana and conspiracy to possess $850,000 in counterfeit money

Trial Result: Verdict of Not Guilty as to conspiracy to distribute 50 kilograms of cocaine. Verdict of Not Guilty as to conspiracy to possess $850,000 in counterfeit money. Conceded possession of marijuana during trial.

USA v. SPOONER CASE NO.: 8:11-CR-69-WHITTEMORE

Counts: Conspiracy to distribute 50 grams of more of methamphetamine

Trial Result: Verdict of Not Guilty as to conspiracy to distribute 50 grams of more of methamphetamine (mandatory minimum of life in prison). Verdict of Not Guilty as to the lesser included offense of conspiracy to distribute five grams or more of methamphetamine (mandatory minimum 20 years in prison) and guilty of possession with intent to distribute methamphetamine (no minimum mandatory penalty).

USA v. CHIN CASE NO.: 8:14-CR-135-POLSTER-CHAPPELL

Counts: Conspiracy to possess with intent to distribute cocaine, cocaine base, and marijuana.

Trial Result: Verdict of Not Guilty as to conspiracy of possession with intent to distribute cocaine base. Verdict of Not Guilty as to conspiracy of possession with intent to distribute marijuana. Verdict of guilty as to the conspiracy to distribute cocaine.

USA v. BLANGO CASE NO.: 2:07-CR-39-STEELE

Counts: Four counts of armed bank robbery and four counts of using a firearm during a crime of violence

Trial Result: Verdicts of Not Guilty as to two of four counts of armed bank robbery. Verdicts of Not Guilty as to two counts of four counts of using a firearm during a crime of violence.

USA v. LEWIS CASE NO.: 8:08-CR-127-LAZZARA

Counts: Possession of a firearm by a convicted felon and possession with intent to distribute crack cocaine.

Trial Result: Hung Jury.

USA v. MCCLELLAND CASE NO.: 8:05-CR-129-MERRYDAY

Counts: Arson and Insurance Fraud

Trial Result: After four days of trial, at the close of the government’s case in chief, the prosecutor dismissed four of six counts in the indictment and Mr. McClelland pled guilty to lessor included charges.

NOTABLE FEDERAL MOTIONS TO SUPPRESS CASE RESULTS

USA v. THAYER CASE NO.: 8:22-CR-337-SCRIVEN
Counts: Sex Trafficking, Production of Child Pornography, and Possession of Child Pornography
Case Result: Motion to Dismiss on Violation of Speedy Trial granted.

USA v. MANTOJA CASE NO.: 8:21-MJ-1879-SANSONE
Counts: Conspiracy to Possess with Intent to Distribute 500 grams or more of Cocaine, Possession with Intent to Distribute 500 grams or more of Cocaine, and Possession of a Firearm in Furtherance of Drug Trafficking
Case Result: Motion to Dismiss on Violation of Speedy Trial granted.

USA v. MENEFEE CASE NO.: 6:21-CR-39-DALTON

Counts: Conspiracy to Possess with the intent to distribute fentanyl, and cocaine, crack cocaine. Possession of a firearm by a convicted felon. Use of a firearm in the commission of a drug felony.

Case Result: Motion to exclude all Federal Rule of Evidence 404(b) evidence conceded by the government. The drug conspiracy charges and the possession of a firearm by a convicted felon charge were dropped, and Mr. Menefee pled to one 924(c) count, eliminating over seventeen years in potential federal sentencing guideline imprisonment exposure.

USA v. JERLOW CASE NO.: 8:08-CR-340-COVINGTON

Counts: Conspiracy to Possess with the intent to distribute 50 kilograms of cocaine

Case Result: Motion to Suppress Evidence Granted. The charges in the indictment were dropped. Mr. Jerlow pled guilty to the use of a cell phone in the commission of a felony.

USA v. ALERS CASE NO.: 8:18-MJ-1144-SANSONE

Counts: Making a False Statement in an Application for a United States Passport

Case Result: After we drafted a motion to dismiss the government dismissed the case.

NOTABLE CASES WHEREIN NO FEDERAL CHARGES WERE FILED

USA v. DOE No Case Number Assigned IJ-2019

Counts: Violations of the Federal Food, Drug, and Cosmetic Act

Case Result: Search warrant served. No arrest. No indictment.

USA v. DOE No Case Number Assigned HA-2015

Counts: Possession and Distribution of Child Pornography

Case Result: Search warrant served. No arrest. No indictment.

USA v. DOE No Case Number Assigned RN-2013

Counts: Health Care Conspiracy to Commit Mail Fraud and Wire Fraud

Case Result: Search warrant served. No arrest. No indictment.

USA v. DOE No Case Number Assigned NN-2013

Counts: Health Care Conspiracy to Commit Mail Fraud and Wire Fraud

Case Result: Search warrant served. No arrest. No indictment.

USA v. DOE No Case Number Assigned JA-2013

Counts: Bank Fraud Conspiracy to Commit Mail and Wire Fraud

Case Result: No arrest. No indictment.

USA v. DOE No Case Number Assigned CB-2012

Counts: Bank Fraud Conspiracy to Commit Mail and Wire Fraud

Case Result: No arrest. No indictment.

USA v. DOE No Case Number Assigned CB-2012

Counts: Mortgage Fraud Conspiracy to Commit Mortgage and Wire Fraud

Case Result: No arrest. No indictment.

USA v. DOE No Case Number Assigned WB-2014

Counts: Health Care Conspiracy to Commit IRS, Mail Fraud and Wire Fraud

Case Result: No arrest. No indictment.

NOTABLE FEDERAL CASE DISMISSALS

USA v. GALLOWAY CASE NO.: 2:20-MJ-02741 GT-2020

Counts: Possession with Intent to Distribute Methamphetamine in the Central District of California (Los Angeles Division)

Case Result: Criminal Complaint Dismissed. No indictment. Client freed.

USA v. ALERS CASE NO.: 8:18-MJ-1144-SANSONE

Counts: Making a False Statement in an Application for a United States Passport

Case Result: Case dismissed by the government after we drafted a motion to dismiss.

USA v DOCTOR ROSSE CASE NO.: 8:14-4309577-WILSON

Counts: Introduction of a Controlled Substance on Federal Property

Case Result: Case Dismissed.

USA v. VALLARDES CASE NO.: 8:11-MJ-01157-PIZZO

Counts: Failure to Obey an Order by Coast Guard to Stop a Drug Vessel

Case Result: Case Dismissed after a full probable cause hearing.

USA v. CARTER CASE NO.: 8:03-M-452-WILSON

Counts: Conspiracy to Possess Firearm by Convicted Felon; Making False Statements

Case Result: Case Dismissed after a full probable cause hearing.

USA v. VIDES CASE NO.: 6:09-MJ-11296-SPAULDING

Counts: Conspiracy to Possess with the Intent to Distribute 5 Kilograms of Cocaine

Case Result: Case Dismissed by the government after protracted litigation.

USA v. HENRY CASE NO.: 8:07-CR-454-MOODY

Counts: Conspiracy to Possess with the Intent to Distribute 5 Kilograms of Cocaine

Case Result: Case Dismissed by the government after protracted litigation.

USA v. PALOMINO CASE NO.: 2:07-CR-83-POLSTER-CHAPPELL

Counts: Conspiracy to Bring and Harbor Illegal Aliens into USA

Case Result: Case Dismissed by the government after protracted litigation.

USA v. ANGRILLI CASE NO.: 8:07-CR-81-WHITTEMORE

Count: Absconding from Sentencing on a Felony Punishable by Life in Prison

Case Result: Case Dismissed by the government after conceding our motion to dismiss.

USA v. MARTINES CASE NO.: 2:06-MJ-1081-POLSTER-CHAPPELL

Counts: Conspiracy to Distribute Cocaine

Case Result: Case Dismissed by the government after protracted litigation.

NOTABLE FEDERAL PRE-TRIAL DIVERSION RESULTS

USA v. MACK CASE NO.: 8:23-CR-377-TPB-CPT
Counts: Conspiracy to Commit Wire Fraud
Case Result: A below guideline sentence of federal probation.

USA v. WITHALL CASE NO.: 8:22-CR-256-TPB-JSS
Counts: Making False Statements Relating to Health Care Matters
Case Result: A below guideline sentence of federal probation.

USA v. BALNO No Case Number Assigned 2024
Counts: Terroristic Threats
Case Result: Pre-trial Diversion.

USA v. TATHAM No Case Number Assigned 2017

Counts: Conspiracy to Commit Money Laundering, Wire Fraud and Mail Fraud

Case Result: Pre-trial Diversion.

USA v. DOE No Case Number Assigned 2013-TG

Counts: Conspiracy to Commit Wire Fraud and Mail Fraud

Case Result: Pre-trial Diversion.

USA v. MCKENZIE CASE NO.: 2:08-CR-183-STEELE

Counts: Conspiracy to Commit Wire Fraud and Mail Fraud

Case Result: Pre-trial Diversion.

USA v. WIGGINS CASE NO.: 2:06-CR-121-STEELE

Counts: Conspiracy to Commit Money Laundering, Wire Fraud and Mail Fraud

Case Result: Pre-trial Diversion.

NOTABLE FEDERAL NON-PRISON/PROABTION RESULTS

USA v. SESSIONS CASE NO.: 1:25-CR-20221-MARTINEZ
Counts: Possession with Intent to Distribute Controlled Substances
Case Result: A below guideline sentence of three years of probation.  

USA v. IMMANUEL CASE NO.: 4:23-CR-331-RUSSELL
Counts: Conspiracy to Commit Wire Fraud
Case Result: A below guideline sentence of two years supervised release. 

USA v. CALDERON CASE NO.: 8:25-CR-152-HONEYWELL
Counts: Conspiracy to Commit Mortgage Fraud
Case Result: A below guideline sentence of federal probation. 

USA v. JAOHAR CASE NO.: 8:24-CR-201-BARBER
Counts: Conspiracy to Distribute and Possess with Intent to Distribute Fentanyl
Case Result: A below guideline sentence of federal probation.

USA v. BENNETT CASE NO.: 8:23-CR-5-JRG-RSP
Counts: Tax Evasion over $11,000,000 and a $3,000,000 fraud
Case Result: A below guideline sentence of federal probation.

USA v. MACK CASE NO.: 8:23-CR-377-TPB-CPT
Counts: Conspiracy to Commit Wire Fraud
Case Result: A below guideline sentence of federal probation.

USA v. ROMAIN CASE NO.: 8:22-CR-259-JUNG
Counts:  Conspiracy to Act as an Agent of the Russian Government without Prior Notification to the Attorney General
Case Result: A below guideline sentence of probation.

USA v. RUSH CASE NO.: 8-22-CR-357-SDM-TGW
Counts: Distribution and Possession with Intent to Distribute Oxycodone and Alprazolam
Case Result: A below guideline sentence of federal probation

USA v. WITHALL CASE NO.: 8:22-CR-256-TPB-JSS
Counts: Making False Statements Relating to Health Care Matters
Case Result: A below guideline sentence of federal probation.

USA v. CLYBURN CASE NO.: 8:22-CR-142-SCRIVEN

Counts: Aiding and Assisting in the Preparation of False Tax Returns

Case Result: A below guideline sentence of federal probation.

USA v. WILSON CASE NO.: 8:22-CR-159-COVINGTON

Counts: Conspiracy to Commit Theft by a Postal Employee

Case Result: A below guideline sentence of federal probation.

USA v. PATEL CASE NO.: 8:21-CR-368-JUNG

Counts: Knowingly Receiving, Possessing, and Purchasing Contraband

Case Results: A below guideline sentence of federal probation.

USA v. SHOREY CASE NO.: 4:20-CR-40090-GILBERT

Counts: Embezzlement of Mail by a Postal Service Employee

Case Result: A below guideline sentence of federal probation.

USA v. ARCE CASE NO.: 6:20-CR-92-MENDOZA

Counts: Securing a United States Passport by False Statement

Case Result: A below guideline sentence of federal probation.

USA v. KLAFF CASE NO.: 2:18-CR-4017-BCW

Counts: Conspiracy to Distribute 1,000 Kilograms or More of Marijuana 

Case Result: A below guideline sentence of federal probation.

USA v. RODRIGUEZ CASE NO.: 8:18-CR-462-MOODY

Counts: Conspiracy to Possess with Intent to Distribute 500 Grams of More of Cocaine

Case Result: A below guideline sentence of federal probation.

USA v. DENMON CASE NO.: 8:19-CR-19-JUNG

Counts: Theft of government property

Case Result: A below guideline sentence of federal probation.

USA v. CORLIS CASE NO.: 8:15-CR-450-BUCKLEW

Counts: Unlawful discharge of a pollution

Case Result: A below guideline sentence of probation.

USA v. ALLBRITTON CASE NO.: 8:18-CR-403-MOODY

Counts: Knowingly Aiming a Laser Point at an Aircraft

Case Result: A below guideline sentence of federal probation.

USA v. ARMSTRONG CASE NO.: 8:15-CR-288-SCRIVEN

Counts: Conspiracy to Commit Theft of Government Funds and Aggravated Identity Theft

Case Result: A below guideline sentence of federal probation.

USA v. HUCKEL CASE NO.: 8:16-CR-307-SCRIVEN

Counts: Conspiracy to Commit Wire Fraud and Mail Fraud

Case Result: A below guideline sentence of federal probation.

USA v. BRYSON CASE NO.: 8:16-CR-341-KOVACHEVICH

Counts: Conspiracy to Commit Wire Fraud and Mail Fraud

Case Result: A below guideline sentence of federal probation.

USA v. FERRARA CASE NO.: 8:12-CR-403-MERRYDAY

Counts: Possession and Distribution of Child Pornography

Case Result: A below guideline sentence of federal probation.

USA v. F. WILLIAMS CASE NO.: 8:13-CR-428-LAZZARA

Counts: Conspiracy to Commit Wire Fraud and Mail Fraud

Case Result: A below guideline sentence of federal probation.

USA v. NASSER CASE NO.: 8:12-CR-403-MOODY

Counts: Conspiracy to Commit Wire Fraud and Mail Fraud – $360,000

Case Result: A below guideline sentence of federal probation.

USA v. T. WRIGHT CASE NO.: 8:13-CR-135-LAZZARA

Counts: Conspiracy to Distribute Marijuana

Case Result: A below guideline sentence of federal probation.

USA v. REYNOLDS CASE NO.: 8:12-CR-527-BUCKLEW

Counts: Criminal Contempt of Court.

Case Result: A below guideline sentence of federal probation.

USA v. KEY CASE NO.: 8:11-CR-323-KOVACHEVICH

Counts: One Count of Conspiracy to Distribute Methamphetamine

Case Result: A below guideline sentence of federal probation.

USA v. MILES CASE NO.: 8:12-CR-145-WHITTEMORE

Counts: One Count of Conspiracy to Distribute Crack Cocaine

Case Result: A below guideline sentence of federal probation.

USA v. CHAMBERS CASE NO.: 2:08-CR-41-STEELE

Counts: One Count of Conspiracy to Distribute Crack Cocaine

Case Result: A below guideline sentence of federal probation.

USA v. ROJAS CASE NO.: 8:09-CR-269-SCRIVEN

Counts: Conspiracy to Distribute 100 Marijuana Plants or More

Case Result: A below guideline sentence of federal probation.

USA v. LEBRON CASE NO.: 8:05-CR-75-KOVACHEVICH

Counts: One Count of Trafficking in GHB

Case Result: A below guideline sentence of federal probation.

USA v. SORCHEVICH CASE NO.: 8:12-CR-51-LAZZARA

Counts: Mortgage Fraud

Case Result: A below guideline sentence of federal probation.

USA v. HAMID CASE NO.: 8:11-CR-289-LAZZARA

Counts: Conspiracy of a Business Owner to Traffic in Stolen Merchandise

Case Result: A below guideline sentence of federal probation.

USA v. FARINHA CASE NO.: 8:09-CR-464-LAZZARA

Counts: Mortgage Fraud

Case Result: A below guideline sentence of federal probation.

USA v. LOUISSAINT CASE NO.: 8:10-CR-416-COVINGTON

Counts: Conspiracy to Commit Tax Fraud

Case Result: A below guideline sentence of federal probation.

USA v. MEJIA CASE NO.: 8:06-CR- 400-WHITTEMORE

Counts: One Count of Conspiracy to Commit Money Laundering

Case Result: A below guideline sentence of federal probation.

NOTABLE FEDERAL HEALTHCARE RESULTS

USA v. WITHALL CASE NO.: 8:22-CR-256-TPB-JSS
Counts: Making False Statements Relating to Health Care Matters
Case Result: A below guideline sentence of federal probation.

USA v. RUSH CASE NO.: 8-22-CR-357-SDM-TGW
Counts: Distribution and Possession with Intent to Distribute Oxycodone and Alprazolam
Case Result: A below guideline sentence of federal probation

USA v DR. ROSSE CASE NO.: 8:14-4309577

Counts: Introduction of a Controlled Substance on Federal Property

Case Result: Case Dismissed.

USA v. DOE No Case Number Assigned (NN 2013)

Counts: Health Care Conspiracy to Commit Mail Fraud and Wire Fraud

Case Result: No arrest. No indictment. No charges.

USA v. DOE No Case Number Assigned (NR 2013)

Counts: Health Care Conspiracy to Commit Mail Fraud and Wire Fraud

Case Result: No arrest. No indictment. No charges.

USA v. DOE No Case Number Assigned (GT 2013)

Counts: Health Care Conspiracy to Commit Wire Fraud and Mail Fraud

Case Result: Pre-trial Diversion.

USA v. WILSON CASE NO.: 5:19-CR-73-WHITTEMORE

Counts: Conspiracy to Commit Healthcare Fraud and Solicit Healthcare Kickbacks

Case Result: A below guideline sentence of 18 months

USA v DR. LEGOWIK CASE NO.: 2:12-CR-56-STEELE

Counts: Health Care Conspiracy of a Physician to Distribute Oxycodone

Case Result: A below guideline sentence of 36 months.

NOTABLE FEDERAL FRAUD RESULTS

USA v. MCCLELLAND CASE NO.: 8:05-CR-129-MERRYDAY

Counts: Arson and Insurance Fraud

Trial Result: After four days of trial, at the close of the government’s case in chief, the prosecutor dismissed four of six counts in the indictment and Mr. McClelland pleaded guilty to lessor included charges.

USA v. TATHAM No Case Number Assigned 2017

Counts: Conspiracy to Commit Money Laundering, Wire Fraud and Mail Fraud

Case Result: Pre-trial Diversion.

USA v. DENMON CASE NO.: 8:19-CR-19-JUNG

Counts: Theft of government property

Sentencing Guidelines: 12 to 18 months in federal prison

Case Result: A below guideline sentence of federal probation.

USA v. BRYSON CASE NO.: 8:16-CR-341-KOVACHEVICH

Counts: Conspiracy to Commit Wire Fraud and Mail Fraud

Sentencing Guidelines: 10 to 16 months in federal prison

Case Result: A below guideline sentence of federal probation.

*This sentence variance was the result of a 3553(a) mitigation analysis.

USA v. ARMSTRONG CASE NO.: 8:15-CR-59-SCRIVEN

Counts: Conspiracy to Commit Theft of Government Funds and Aggravated Identity Theft

Sentencing Guidelines: 18 to 24 months in federal prison

Case Result: A below guideline sentence of federal probation.

USA v. HEVEL CASE NO.: 8:15-CR-288-COVINGTON

Counts: Conspiracy to Commit Theft of Government Funds

Sentencing Guidelines: 10 to 18 months in federal prison

Case Result: A below guideline sentence of federal probation.

*This defendant was a Tampa Police Department Officer at the time of her arrest.

USA v. DOE No Case Number Assigned RN-2013

Counts: Conspiracy to Commit Mail Fraud and Wire Fraud

Case Result: No arrest. No indictment.

USA v. DOE No Case Number Assigned NN-2013

Counts: Conspiracy to Commit Mail Fraud and Wire Fraud

Case Result: No arrest. No indictment.

USA v. DOE No Case Number Assigned JA-2013

Counts: Conspiracy to Commit Mortgage Fraud, Mail Fraud and Wire Fraud

Case Result: No arrest. No indictment.

USA v. DOE No Case Number Assigned CB-2012

Counts: Conspiracy to Commit Mortgage, Mail Fraud and Wire Fraud

Case Result: No arrest. No indictment.

USA v. DOE No Case Number Assigned CB-2012

Counts: Conspiracy to Commit Mortgage, Mail Fraud and Wire Fraud

Case Result: No arrest. No indictment.

USA v. DOE No Case Number Assigned WB-2014

Counts: Conspiracy to Commit IRS, Mail Fraud and Wire Fraud

Case Result: No arrest. No indictment.

USA v. F. WILLIAMS CASE NO.: 8:13-CR-428-LAZZARA

Counts: Conspiracy to Commit Wire Fraud and Mail Fraud

Sentencing Guidelines: 21 to 27 months in federal prison

Case Result: A below guideline sentence of federal probation.

*This sentence variance was in part the result of a 3553(a) mitigation analysis.

USA v. SORCHEVICH CASE NO.: 8:12-CR-51-LAZZARA

Counts: Mortgage Fraud – Approximately $1,000,000

Sentencing Guidelines: 16 to 21 months in federal prison

Case Result: A below guideline sentence of federal probation.

*This sentence variance was in part the result of a 3553(a) mitigation analysis.

USA v. HAMID CASE NO.: 8:11-CR-289-LAZZARA

Counts: Conspiracy of a Business Owner to Traffic in Stolen Merchandise

Sentencing Guidelines: 6 to 12 months in federal prison

Case Result: A below guideline sentence of federal probation.

*This sentence variance was in part the result of a 3553(a) mitigation analysis.

USA v. FARINHA CASE NO.: 8:09-CR-464-LAZZARA

Counts: Mortgage Fraud – Approximately $500,000

Sentencing Guidelines: 12 to 18 months in federal prison

Case Result: A below guideline sentence of federal probation.

*This sentence variance was the result of a 3553(a) mitigation analysis.

USA v. LOUISSAINT CASE NO.: 8:10-CR-416-COVINGTON

Counts: Conspiracy to Commit Tax Fraud – Approximately $300,000

Sentencing Guidelines: 12 to 18 months in federal prison

Case Result: A below guideline sentence of federal probation.

*This sentence variance was in part the result of a 3553(a) mitigation analysis.

USA v. MEJIA CASE NO.: 8:06-CR- 400-WHITTEMORE

Counts: Money Laundering

Sentencing Guidelines: 78 to 97 months in federal prison

Case Result: A below guideline sentence of federal probation.

*This sentence variance was in part the result of a 3553(a) mitigation analysis.

USA v. NASSER CASE NO.: 8:12-CR-CASTAGNA

Counts: Wire Fraud – Approximately $360,000

Sentencing Guidelines: 30 to 37 months in federal prison

Case Result: A below guideline sentence of federal probation.

*This sentence variance was the result of sustained legal objections.

USA v. GRANT CASE NO.: 8:05-CR-458-WHITTEMORE

Counts: Wire Fraud – Approximately $5,000,000

Sentencing Guidelines: Approximately 240 months in federal prison

Case Result: A below guideline sentence 18 months and dismissal of 15 of 16 counts.

*This sentence variance was the result of a 3553(a) mitigation analysis.

USA v. NUNLIST CASE NO.: 8:18-CR-361-HONEYWELL

Counts: Filing a false, fictitious, and fraudulent IRS claim of $7,000,000

Sentencing Guidelines: 37 to 46 months in federal prison

Case Result: A below guideline sentence of 18 months.

*This sentence variance was in part the result of a 3553(a) mitigation analysis.

USA v. GUDELIS CASE NO.: 3:12-CR-23-COLLIER

Counts: Mortgage Fraud – Approximately $7,000,000

Sentencing Guidelines: 78 to 97 months in federal prison

Case Result: A below guideline sentence of 24 months.

*This sentence variance was in part the result of a 3553(a) mitigation analysis.

NOTABLE FEDERAL WHITE-COLLAR CRIME RESULTS

USA v. RAHMATI CASE NO.: 1:24-CR-438-LLA

Counts: Conspiracy to Act as an Agent of a Foreign Government (Iran) and Acting as an Agent of a Foreign Government

Case Result: A below guideline sentence of 366 days. Client actually served 90 days.

USA v. IMMANUEL CASE NO.: 4:23-CR-331-RUSSELL

Counts: Conspiracy to Commit Wire Fraud

Case Result: A below guideline sentence of two years supervised release. 

USA v. CALDERON CASE NO.: 8:25-CR-152-HONEYWELL

Counts: Conspiracy to Commit Mortgage Fraud

Case Result: A below guideline sentence of federal probation. 

USA v. MACK CASE NO.: 8:23-CR-377-TPB-CPT

Counts: Conspiracy to Commit Wire Fraud

Case Result: A below guideline sentence of federal probation.

USA v. WITHALL CASE NO.: 8:22-CR-256-TPB-JSS

Counts: Making False Statements Relating to Health Care Matters

Case Result: A below guideline sentence of federal probation.

USA v. TATHAM No Case Number Assigned 2017

Counts: Conspiracy to Commit Money Laundering, Wire Fraud and Mail Fraud

Case Result: Pre-trial Diversion.

USA v. DENMON CASE NO.: 8:19-CR-19-JUNG

Counts: Theft of government property

Case Result: A below guideline sentence of federal probation.

USA v. CORLIS CASE NO.: 8:15-CR-450-BUCKLEW

Counts: Unlawful discharge of a pollution

Case Result: A below guideline sentence of probation.

USA v. BRYSON CASE NO.: 8:16-CR-341-KOVACHEVICH

Counts: Conspiracy to Commit Wire Fraud and Mail Fraud

Case Result: A below guideline sentence of federal probation.

USA v. ARMSTRONG CASE NO.: 8:15-CR-288-SCRIVEN

Counts: Conspiracy to Commit Theft of Government Funds and Aggravated Identity Theft

Case Result: A below guideline sentence of federal probation.

USA v. F. WILLIAMS CASE NO.: 8:13-CR-428-LAZZARA

Counts: Conspiracy to Commit Mail Fraud and Wire Fraud

Case Result: A below guideline sentence of federal probation.

USA v. NASSER CASE NO.: 8:12-CR-403-CASTAGNA

Counts: Conspiracy to Commit Mail Fraud and Wire Fraud –$360,000

Case Result: A below guideline sentence of federal probation.

USA v. REYNOLDS CASE NO.: 8:12-CR-527-BUCKLEW

Counts: Criminal Contempt of Court.

Case Result: A sentence of one year of federal probation.

USA v. SORCHEVICH CASE NO.: 8:12-CR-51-LAZZARA

Counts: Mortgage Fraud

Case Result: A below guideline sentence of federal probation.

USA v. HAMID CASE NO.: 8:11-CR-289-LAZZARA

Counts: Conspiracy of a Business Owner to Traffic in Stolen Merchandise

Case Result: A below guideline sentence of federal probation.

USA v. FARINHA CASE NO.: 8:09-CR-464-LAZZARA

Counts: Mortgage Fraud – Approximately $500,000

Case Result: A below guideline sentence of federal probation.

USA v. LOUISSAINT CASE NO.: 8:10-CR-416-COVINGTON

Counts: Conspiracy to Commit Tax Fraud – Approximately $300,000

Case Result: A below guideline sentence of federal probation.

USA v. MEJIA CASE NO.: 8:06-CR- 400-WHITTEMORE

Counts: Money Laundering

Case Result: A below guideline sentence of federal probation.

USA v. WILSON CASE NO.: 5:19-CR-73-WHITTEMORE

Counts: Conspiracy to Commit Healthcare Fraud and Solicit Healthcare Kickbacks

Case Result: A below guideline sentence of 18 months

USA v. DOE No Case Number Assigned RN-2013

Counts: Health Care Conspiracy to Commit Mail Fraud and Wire Fraud

Case Result: Search warrant served. No arrest. No indictment.

USA v. DOE No Case Number Assigned NN-2013

Counts: Health Care Conspiracy to Commit Mail Fraud and Wire Fraud

Case Result: Search warrant served. No arrest. No indictment.

USA v. DOE No Case Number Assigned JA-2013

Counts: Bank Fraud Conspiracy to Commit Mail and Wire Fraud

Case Result: No arrest. No indictment.

USA v. DOE No Case Number Assigned CB-2012

Counts: Bank Fraud Conspiracy to Commit Mail and Wire Fraud

Case Result: No arrest. No indictment.

USA v. DOE No Case Number Assigned CB-2012

Counts: Mortgage Fraud Conspiracy to Commit Mortgage, Mail and Wire Fraud

Case Result: No arrest. No indictment.

USA v. DOE No Case Number Assigned WB-2014

Counts: Health Care Conspiracy to Commit IRS, Mail Fraud and Wire Fraud

Case Result: No arrest. No indictment.

USA v. GRANT CASE NO.: 8:05-CR-458-WHITTEMORE

Counts: Conspiracy to Commit Mail Fraud and Wire Fraud

Case Result: A below guideline sentence of 18 months in a federal prison camp and a dismissal of 15 of the 16 counts in the original indictment.

USA v. NUNLIST CASE NO.: 8:18-CR-361-HONEYWELL

Counts: Filing a false, fictitious, and fraudulent IRS claim of $7,000,000

Case Result: A below guideline sentence of 18 months.

USA v. GUDELIS CASE NO.: 3:12-CR-23-COLLIER

Counts: Conspiracy to Commit Mortgage Fraud – Approximately $7,000,000

Case Result: A below guideline sentence of 24 months.

NOTABLE FEDERAL DRUG TRAFFICKING/GUN CASE RESULTS

USA v. JACKSON CASE NO.: 2:18-CR-14-GODBEY-WOOD

Counts: Conspiracy to possess with intent to distribute 5 kilograms or more of cocaine, conspiracy to possess with intent to distribute cocaine base, and conspiracy to possess with intent to distribute marijuana, and possession of 500 grams or more of cocaine with intent to distribute

Trial Result: Verdict of Not Guilty on all counts. Acquitted on all counts.

USA v. SMITH CASE NO.: 6:04-CR-37-FAWSETT

Counts: Conspiracy to distribute 50 kilograms of cocaine, possession of marijuana and conspiracy to possess $850,000 in counterfeit money

Trial Result: Verdict of Not Guilty as to conspiracy to distribute 50 kilograms of cocaine. Verdict of Not Guilty as to conspiracy to possess $850,000 in counterfeit money. Guilty of possession of marijuana.

USA v. CRUZ-ALVAREZ CASE NO.: 5:08-CR-22-HODGES

Counts: Conspiracy to distribute 100 or more marijuana plants and possession with the intent to distribute 100 or more marijuana plants

Trial Result: Verdict of Not Guilty on all counts. Acquitted on all counts.

USA v. SPOONER CASE NO.: 8:11-CR-69-WHITTEMORE

Counts: Conspiracy to distribute 50 grams of more of methamphetamine

Trial Result: Verdict of Not Guilty as to conspiracy to distribute 50 grams of more of methamphetamine (mandatory minimum of life in prison). Verdict of Not Guilty as to the lesser included offense of conspiracy to distribute five grams or more of methamphetamine (mandatory minimum 20 years in prison) and guilty of possession with intent to distribute methamphetamine (no minimum mandatory penalty).

USA v. CHIN CASE NO.: 8:14-CR-135-POLSTER-CHAPPELL

Counts: Conspiracy to possess with intent to distribute cocaine, cocaine base, and marijuana.

Trial Result: Verdict of Not Guilty as to conspiracy of possession with intent to distribute cocaine base. Verdict of Not Guilty as to conspiracy of possession with intent to distribute marijuana. Guilty as to the conspiracy to distribute cocaine.

USA v. BLANGO CASE NO.: 2:07-CR-39-STEELE

Counts: Four counts of armed bank robbery and four counts of using a firearm during a crime of violence

Trial Result: Verdicts of Not Guilty as to two of four counts of armed bank robbery. Verdicts of Not Guilty as to two counts of four counts of using a firearm during a crime of violence.

USA v. LEWIS CASE NO.: 8:08-CR-127-LAZZARA (Trial 1)

Counts: Possession of a firearm by a convicted felon and possession with intent to distribute crack cocaine.

Trial Result: Hung Jury.

USA v. JERLOW CASE NO.: 8:08-CR-340-COVINGTON

Counts: Conspiracy to Possess with the intent to distribute 50 kilograms of cocaine

Case Result: Motion to Suppress Evidence Granted. The charges in the indictment were dropped. Mr. Jerlow pleaded guilty to the use of a cell phone in the commission of a felony.

USA v. VALLARDES CASE NO.: 8:11-MJ-01157-PIZZO

Counts: Failure to Obey an Order by Coast Guard to Stop a Drug Vessel

Case Result: Case Dismissed after a full probable cause hearing.

USA v. SESSIONS CASE NO.: 1:25-CR-20221-MARTINEZ

Counts: Possession with Intent to Distribute Controlled Substances

Case Result: A below guideline sentence of three years of probation.  

USA v. JAOHAR CASE NO.: 8:24-CR-201-TPB-NHA

Counts: Conspiracy to Distribute and Possess with Intent to Distribute Fentanyl

Case Result: A below guideline sentence of federal probation.

USA v. RUSH CASE NO.: 8-22-CR-357-SDM-TGW

Counts: Distribution and Possession with Intent to Distribute Oxycodone and Alprazolam

Case Result: A below guideline sentence of federal probation

USA v. KLAFF CASE NO.: 2:18-CR-4017-BCW

Counts: Conspiracy to Distribute One Thousand Kilograms or More of Marijuana 

Case Result: A below guideline sentence of federal probation.

USA v. RODRIGUEZ CASE NO.: 8:18-CR-462-JSM-CPT

Counts: Conspiracy to Possess with Intent to Distribute 500 Grams of More of Cocaine

Case Result: A below guideline sentence of federal probation.

USA v. T. WRIGHT CASE NO.: 8:13-CR-135-LAZZARA 

Counts: Conspiracy to Distribute Marijuana

Case Result: A below guideline sentence of federal probation. 

USA v. REYNOLDS CASE NO.: 8:12-CR-527-BUCKLEW 

Counts: Criminal Contempt of Court

Case Result: A below guideline sentence of federal probation. 

USA v. KEY CASE NO.: 8:11-CR-323-KOVACHEVICH

Counts: One Count of Conspiracy to Distribute Methamphetamine

Case Result: A below guideline sentence of federal probation. 

USA v. MILES CASE NO.: 8:12-CR-145-WHITTEMORE 

Counts: One Count of Conspiracy to Distribute Crack Cocaine

Case Result: A below guideline sentence of federal probation.

USA v. CHAMBERS CASE NO.: 2:08-CR-41-STEELE 

Counts: One Count of Conspiracy to Distribute Crack Cocaine

Case Result: A below guideline sentence of federal probation.

USA v. ROJAS CASE NO.: 8:09-CR-269-SCRIVEN 

Counts: Conspiracy to Distribute One Hundred Marijuana Plants or More

Case Result: A below guideline sentence of federal probation.

USA v. LEBRON CASE NO.: 8:05-CR-75-KOVACHEVICH 

Counts: One Count of Trafficking in GHB

Case Result: A below guideline sentence of federal probation.

NOTABLE CAREER OFFENDER CASE RESULTS

USA v. ADKINS CASE NO.: 8:18-CR-433-SCRIVEN

Counts: Possession with intent to distribute and distribution of cocaine and heroin
Sentencing Guidelines: 151 months to 188 months in federal prison as a career offender

Case Result: A below guideline sentence of 33 months.

USA v. LEWIS CASE NO.: 0:19-CR-60046-COHN

Counts: Conspiracy to Distribute Cocaine and Use of Firearm in a Drug Trafficking Offense

Sentencing Guidelines: 322 months to 387 months in federal prison as a career offender

Case Result: After a lengthy, contested sentencing hearing, the district court sustained our sentencing objection and sentenced our client to less than one-third of his original federal sentencing guideline imprisonment sentence without a career offender designation.

NOTABLE FEDERAL APPELLATE RESULTS

USA v. MUSSON CASE NO.: 8:09-CR-481-SDM-JSS

Appellate Background: Originally sentenced to 300 months for murder for hire, possession of a firearm by a convicted felon and use of a firearm in furtherance of a crime of violence in April of 2010, attorney Mark J. O’Brien assisted Mr. Musson in filing a successful motion to vacate based upon Davis v. United States, 139 S.Ct. 2319 (2019) and Johnson v. United States, 135 S.Ct. 2551 (2015)

Appellate Result: Attorney O’Brien then represented Mr. Musson at his resentencing, wherein the Honorable Steven D. Merryday, United States District Court Judge, after hearing mitigation arguments, imposed a new sentence of 168 months. With credit for time already served, Mr. Musson was released from custody.

RAYMOND BRANNON CASE NO.: 16-CV-14530
v. SECRETARY,
DEPARTMENT OF
CORRECTIONS,
STATE OF FLORIDA

Appellate Background: A successful 2254 post-conviction motion to the Southern District of Florida, Miami Division, from a Broward County Circuit Court conviction and sentence of 25 years in state prison.

Appellate Result: After an evidentiary hearing in federal court, the district court found that Mr. Brannon’s trial counsel was ineffective. His conviction was overturned, his sentence was vacated, and a new trial was ordered.

USA v. MILLER CASE NO.: 8-14-CV-2181-MSS-JSS

Appellate Background A successful 2255 motion resulting from an erroneous Armed Career Criminal designation.

Appellate Result Middle District of Florida, Tampa Division, District Court Judge Mary S. Scriven initially denied our federal 2255 motion. After analyzing our motion for reconsideration, Judge Scriven reversed course and granted our client’s federal 2255 motion. Judge Scriven ordered our client’s Armed Career Criminal status removed, revoked his original sentence, and ordered a resentencing. At his resentencing, while represented by our office, Mr. Miller received a sentence of time served and was released the following day.

USA v. ALLS CASE NO.: 8:06-CR-460-T-27, 8:16-CV-460-T-27

Appellate Background: A successful appeal to the Eleventh Circuit Court of Appeals from a jury conviction and Mandatory 851 Enhanced Life Sentence for conspiracy to distribute cocaine.

Appellate Result: Life Sentence Vacated. As a result of our firm’s legal efforts, the Eleventh Circuit Court of Appeals vacated our client’s life sentence and remanded the case to the district court. Our client was represented by a lawyer not affiliated with our firm during his jury trial loss. His family hired us after he was sentenced to life in federal prison.

USA v. RODRIGUEZ CASE NO.: 12-12257

Appellate Background: A successful appeal to the Eleventh Circuit Court of Appeals from a jury conviction and Mandatory 851 Enhanced Life Sentence for conspiracy to distribute cocaine.

Appellate Result: Life Sentence Vacated. As a result of our firm’s legal efforts, the Eleventh Circuit Court of Appeals vacated our client’s life sentence and remanded the case to the district court. Our client was represented by a lawyer not affiliated with our firm during his jury trial loss. His family hired us after he was sentenced to life in federal prison.

USA v. AGUINAGA CASE NO.: 14-15577

Appellate Background: A successful appeal to the Eleventh Circuit Court of Appeals from a jury conviction and a one hundred and eighty-month prison sentence for attempt to entice a minor to engage in a sexual act.

Appellate Result: Reversed and remanded in part due to the district court’s failure to make a factual finding about a disputed statement in the presentence investigation report.

NOTABLE MOTIONS TO SUPPRESS EVIDENCE AND MOTIONS TO DISMISS RESULTS

DINER CASE NO.: 2016-CF-013503 (Hillsborough)

Charges: 100 Counts of Possession of Child Pornography

Judge: Kiser

Maximum Sentence: 1,500 years in prison

Case Result: Motion to Suppress Granted. Case Dismissed.

ALICEA CASE NO.: 2016-CF-006626 (Hillsborough)

Charges: Possession of Heroin with Intent to Sell

Judge: Fernandez and Ward

Maximum Sentence: 15 years state prison

Case Result: Motion to Suppress Granted. Case Dismissed.

GOMEZ CASE NO.: 2011-CF-002012 (Marion)

Counts: Burglary, Grand Theft, and Possession of Burglary Tools

Judge: Lambert

Maximum Sentence: 15 years in prison

Case Result: Motion to Suppress Evidence Granted. Case Dismissed.

RITTER CASE NO.: 16-CF-012859-A (Hillsborough)

Counts: Battery on an Officer

Judge: Fernandez

Maximum Sentence: 5 years in prison

Case Result: State Conceded to Defendant’s Motion to Dismiss and the Defendant was permitted to do the diversion program. Upon successful completion all charges will be dismissed against her.

VILLEGAS CASE NO.: 15-CF-013804-A (Hillsborough)

Counts: Carrying a Concealed Firearm and Possession of Cannabis

Judge: Sabella

Maximum Sentence: 6 years in prison

Case Result: State Conceded to Defendant’s Motion to Dismiss and the Defendant was permitted to do the diversion program. Upon successful completion all charges will be dismissed against him.

FELIX CASE NO.: 2005-CF-1409 (Hillsborough)

Charges: Conspiracy to Traffic in Heroin

Judge: Lopez

Mandatory Minimum: 15 years in state prison

Case Result: Motion to Suppress Evidence Granted. Case Dismissed.

STEVENS CASE NO.: 2010-CF-016486 (Hillsborough)

Charges: Violation of Probation

Maximum Sentence: 5 years in state prison

Case Result: Motion to Dismiss Granted. Case Dismissed.

FAGAN CASE NO.: 2011-CF-3312 (Hillsborough)

Charges: Dealing in Stolen Property

Judge: Fernandez

Maximum Sentence: 15 years in state prison

Case Result: Motion to Dismiss granted. Case Dismissed.

SMITH CASE NO.: 2006-CF-018405, 11-CF-248 (Hillsborough)

Charges: Failure of Sex Offender to Report a Change of Address; third VOP

Judge: Fernandez

Maximum Sentence: 20 years state prison

Case Result: Motion to Dismiss Granted. Case Dismissed.

MOSLEY CASE NO.: 2010-CF-013346 (Hillsborough)

Charges: Two Count Felony Failure of a Sex Offender to Report

Judge: Ficarrotta

Case Result: Motion to Dismiss Granted. Case Dismissed.

ROLON CASE NO.: 1998-CR-247 (Massachusetts)

Charges: Possession of Hashish, Class C Felony

Case Result: Motion to Dismiss Granted. Case Dismissed.

NOTABLE CASE DISMISSALS BEFORE CHARGES WERE FILED

DOE CASE NO.: None Assigned (Hillsborough)

Counts: Sexual Battery on a Person with Familial Authority

Maximum Sentence: Life in Prison and a Sexual Predator Designation

Case Result: No arrest. No Charges Filed.

DOE CASE NO.: None Assigned (Hillsborough)

Charges: Sexual Battery and a lifetime sexual offender label

Maximum Sentence: Life in state prison

Case Result: No Arrest. No Charges Filed.

DOE CASE NO.: None Assigned (Hillsborough)

Charges: Two Counts of Sexual Battery on a Minor

Maximum Sentence: 60 years in state prison and lifetime sexual offender label

Case Result: No Arrest. No Charges Filed.

DOE CASE NO.: None Assigned (Hillsborough)

Charges: Forcible Sexual Battery, False Imprisonment, Sexual Offender Label

Maximum Sentence: 35 years in state prison

Case Result: No Arrest. No Charges Filed.

NOTABLE CRIMINAL CASE DISMISSALS AFTER CHARGES WERE FILED

WILLIS CASE NO.: 2012-CF-3617 (Marion)

Charges: Attempted Robbery with a Firearm

Judge: Tatti

Maximum Sentence: Life in state prison

Case Result: Case Dismissed.

ARENAS CASE NO.: 15-CF-013193-A (Hillsborough)

Charges: Discharging a Weapon from an Occupied Vehicle

Judge: Moody

Maximum Sentence: 15 Years in state prison

Case Result: Case Dismissed.

MOHAMMAD CASE NO.: 15-CF-003942-A (Marion)

Charges: Possession of Synthetic Cannabis

Judge: Pope

Maximum Sentence: 5 Years in state prison

Case Result: Case Dismissed.

SANTOS CASE NO.: 2016-CF-003829 NC (Sarasota)

Charges: Battery on a Pregnant Female

Judge: Roberts

Maximum Sentence: 5 Years in state prison

Case Result: Case Dismissed.

JOHNSON CASE NO.: 2015-CF-000263 (Hardee)

Charges: Felon in Possession of a Firearm; Resisting without Violence; and Possession of Cannabis

Judge: Ezelle

Maximum Sentence: 17 Years in state prison

Case Result: Case Dismissed.

HARMON CASE NO.: 15-CF-009007-A (Hillsborough)

Charges: Failure to Redeliver Hired Property

Judge: Moody

Maximum Sentence: 5 Years in state prison

Case Result: Case Dismissed.

EDISON CASE NO.: 15-CF-016856 (Lee)

Charge: Sale of Cocaine and Possession of Cocaine

Judge: Manalich

Maximum sentence: 35 years in prison as a Habitual Felony Offender.

Case Result: Case Dismissed.

STEVENS CASE NO.: 2011-CF-03409 (Hillsborough)

Charges: Felony Battery and Battery

Maximum Sentence: 6 years in state prison

Case Result: Case Dismissed.

GAETANO CASE NO.: 2013-CF-008843, 2013-CM-014221 (Hillsborough)

Charges: Battery, Child Abuse, False Imprisonment on a Child, Tampering with a Witness, Sexual Battery, Possession of Drug Paraphernalia, Unlawful Sexual Activity with a Minor, and Obstructing or Opposing an officer without violence.

Case Result: As a result of our firm’s efforts, the state did not file any felony charges. This matter was then transferred from felony court to misdemeanor court with the remaining charges of battery, possession of drug paraphernalia, and obstructing or opposing an officer without violence. The battery charge was then dropped by the state. Our client received a time served sentence (20 days) for the remaining misdemeanor charges of possession of drug paraphernalia and obstructing or opposing an officer without violence.

WILLIAMSON CASE NO.: 20012559CFANO (Pinellas)

Charges: Failure to Redeliver Hired Property

Judge: Covert

Maximum Sentence: 5 Years in state prison

Case Result: Case Dismissed.

COOK CASE NO.: 20113-CR-06258 (Hillsborough)

Charges: 80 Counts of Possession of Child Pornography (10 or More Images)

Judge: Tharpe

Maximum Sentence: 1,200 years in state prison

Case Result: Case Dismissed.

ALVEY CASE NO.: 2008-CF-11650 (Hillsborough)

Charges: Grand Theft of a Motor Vehicle in the Second Degree

Maximum Sentence: 15 years in state prison

Case Result: Case Dismissed.

DEJESUS CASE NO.: 2012000178CFMA (Highlands)

Charges: Trafficking in Cocaine

Judge: Cowden

Case Result: Case Dismissed.

WOOD CASE NO.: 2013-CM-015786 (Hillsborough)

Charge: Domestic Violence Battery

Judge: Greco

Result: Case Dismissed.

HAKEEM CASE NO.: 2014-CM-008307 (Hillsborough)

Charge: Domestic Violence Battery

Judge: McNeil

Result: Case Dismissed.

FITZHENRY CASE NO.: 2013-CM-017851, 2013-CM-017852 (Hillsborough)

Charges: Three charges of Obtaining Property for a Worthless Check

Judge: Myers

Result: Case Dismissed.

NOTABLE SEX OFFENSE AND CHILD PORNOGRAPHY RESULTS

DINER CASE NO.: 2016-CF-013503 (Hillsborough)

Charges: 100 Counts of Possession of Child Pornography

Judge: Kiser

Maximum Sentence: 1,500 years in prison

Case Result: Motion to Suppress Granted. Case Dismissed.

EARGOOD CASE NO.: 2011-CF-18990 (Hillsborough)

Count: Lewd and Lascivious Molestation

Judge: Tharpe

Mandatory Sentence: 15 years in state prison as a PRRP and a HFO

Case Result: Verdict of Not Guilty.

MATHIS CASE NO.: 2015-CF-9007 (Hillsborough)

Count: Lewd and Lascivious Molestation

Judge: Moody

Mandatory Sentence: 15 years in state prison

Case Result: Reduction in charges to Battery and Probation. Mathis is not a sexual offender as a result of this plea deal.

VLIET CASE NO.: CRC1404805CFAWS (Pasco)

Count: Lewd and Lascivious Molestation

Judge: Handsel

Mandatory Sentence: Life in state prison

Case Result: Reduction in charges to child abuse and probation. Vliet is not a sexual offender as a result of this plea deal.

DOE CASE NO.: None Assigned (Hillsborough)

Charges: Sexual Battery and a lifetime sexual offender label

Maximum Sentence: Life in state prison

Case Result: No Arrest. No Charges Filed. Name not listed to protect the innocent.

DOE CASE NO.: None Assigned (Hillsborough)

Charges: Two Counts of Sexual Battery on a Minor

Maximum Sentence: 60 years in state prison and lifetime sexual offender label

Case Result: No Arrest. No Charges Filed. Name not listed to protect the innocent.

DOE CASE NO.: None Assigned (Hillsborough)

Charges: Forcible Sexual Battery, False Imprisonment and a lifetime sexual offender label

Maximum Sentence: 35 years in state prison

Case Result: No Arrest. No Charges Filed. Name not listed to protect the innocent.

GAETANO CASE NO.: 2013-CF-008843, 2013-CM-014221 (Hillsborough)

Charges: Battery, Child Abuse, False Imprisonment on a Child, Tampering with a Witness, Sexual Battery, Possession of Drug Paraphernalia, Unlawful Sexual Activity with a Minor, and Obstructing or Opposing an officer without violence.

Maximum Sentence: Life

Case Result: As a result of our firm’s efforts, the state did not file any felony charges. This matter was then transferred from felony court to misdemeanor court with the remaining charges of battery, possession of drug paraphernalia, and obstructing or opposing an officer without violence. The battery charge was then dropped by the state. Our client received a time served sentence (20 days) for the remaining misdemeanor charges of possession of drug paraphernalia and obstructing or opposing an officer without violence.

COOK CASE NO.: 2013-CR-06258 (Hillsborough)

Charges: 80 Counts of Possession of Child Pornography (10 or More Images)

Judge: Tharpe

Maximum Sentence: 1,200 years in state prison

Case Result: Case Dismissed.

PARRILLA CASE NO.: 2013-CF-10646 (Hillsborough)

Charges: 1 Count of Possession of Child Pornography

Judge: Tharpe

Maximum Sentence: 5 years in state prison

Sentence: Probation

TORRES CASE NO.: 2014cf-008938 (Polk)

Charges: Using a Child to Engage in Sexual Acts, Sex by Person Over 24 with a 16 or 17 Year Old, and Human Trafficking

Judge: Butz

Maximum Sentence: Life

Case Result: Probation

GRUSZCYNSKI CASE NO.: 2011-CF-1179 (Hernando)

Charges: Sending Obscene Material to a Minor

Judge: Merritt, Sr.

Maximum Sentence: 60 months in state prison

Case Result: Charges reduced to Child Abuse. Probation. No jail or prison.

SMITH CASE NO.: 2006-CF-018405, 11-CF-248 (Hillsborough)

Charges: Failure of Sex Offender to Report and Third VOP

Judge: Fernandez

Maximum Sentence: 20 years state prison

Case Result: Motion to Dismiss Granted. Case Dismissed.

MOSLEY CASE NO.: 2010-CF-013346 (Hillsborough)

Charges: Failure of a Sex Offender to Report

Judge: Ficarrotta

Case Result: Motion to Dismiss Granted. Case Dismissed.

WILLIAMS CASE NO.: 2010-CF-003236 (Hillsborough)

Charges: Failure of Sex Offender to Report

Judge: Pomponio

Sentencing Guidelines: 41 Months in state prison

Maximum Sentence: 5 years in state prison

Case Result: Credit for time already served.

PARRILLA CASE NO.: 2013-CF-10646 (Hillsborough)

Charge: Second Violation of Sex Offender Probation

Maximum Sentence: 5 years in state prison

Judge: Tharpe

Case Result: Reinstated to the original terms and conditions of probation.

STATE v. MO

NOTABLE DRUG TRAFFICKING AND MINIMUM MANDATORY RESULTS

ABNEY CASE NO.: 2016-CF-606 and 2016-CF-605 (Marion)

Charge: Trafficking in Methamphetamine

Minimum Mandatory Sentence: 3 years in prison

Maximum Sentence: 30 years in prison

Case Result: Defendant pled to the reduced charges of sale and possession

only and was offered a county jail sentence

SCRUGGS CASE NO.: 1309396CFANO (Pinellas)

Charge: Trafficking Cocaine, Aggravated Assault with a Firearm; Felon in Possession of a Firearm

Judge: Chris Helinger

Minimum Mandatory Sentence: 3 years in prison

Maximum Sentence: 60 Years in prison

Case Result: Defendant pled to possession of a controlled substance only and received time served. All other charges were dismissed.

DUNCAN CASE NO.: 2014-CF-1253 (Sarasota)

Charges: Possession of a Controlled Substance (LSD), Possession of a Controlled Substance (MDMA), Possession of Cannabis (more than 20 grams), and Possession of Drug Paraphernalia

Judge: Krug

Maximum Sentence: 15 years in state prison.

Case Result: Probation. No jail or prison.

TILLIS CASE NO.: 2012-CF-004670 (Hillsborough)

Charges: Trafficking in Cocaine (400 grams to 150 kilograms)

Judge: Campbell

Mandatory Minimum: 15 years in state prison

Maximum Sentence: 30 years in state prison

Case Result: Probation. No jail or prison.

DEWESE CASE NO.: 2011-CF-014672 (Hillsborough)

Charges: Trafficking in Cocaine (28 to 200 grams), Trafficking in Phenethylamines (10 to 200 grams)

Judge: Sabella

Mandatory Minimum: 6 years in state prison

Maximum Sentence: 60 years in state prison

Case Result: Probation. No jail or prison.

STOKES CASE NO.: 2012-CF-231 (Alachua)

Charge: RICO

Judge: Glant

Maximum Sentence: 30 years in state prison

Case Result: RICO dismissed. Case reduced to possession with intent to distribute marijuana. Probation. No jail or prison.

ROMAIN Case No.: 11-CF-016307 (Hillsborough)

Charges: Four Counts of Trafficking in Illegal Drugs, Possession of a Controlled Substance with Intent to Sell and Four Counts of Felony Possession of Illegal Drugs

Judge: Moody

Mandatory Minimum: 25 years in state prison

Maximum Sentence: 145 years in state prison

Case Result: In-Jail Drug Treatment Program and Probation. No prison.

MCGRAW CASE NO.: 2011-CF-9665 (Hillsborough)

Charges: Trafficking Oxycodone

Judge: Cook

Mandatory Minimum: 15 years in state prison

Case Result: Probation. No jail or prison.

WILLIAMS CASE NO.: 2010-CF-016222 (Hillsborough)

Charges: Trafficking Cocaine

Judge: Moody

Mandatory Minimum: 7 years in state prison

Case Result: Probation. No jail or prison.

GREENE CASE NO.: 2010-CF-014917 (Hillsborough)

Charges: Trafficking in illegal drugs and conspiracy to traffic in drugs

Judge: Moody

Mandatory Minimum: 25 years in state prison

Case Result: Probation. No jail or prison.

TOWNSEND CASE NO.: 2010-CF-7768 (Hillsborough)

Charges: Trafficking in illegal drugs and conspiracy to traffic in drugs

Judge: Timmerman

Mandatory Minimum: 25 years in state prison

Case Result: Probation. No jail or prison.

LAUKOFF CASE NO.: 2008-CF-011446 (Hillsborough)

Charges: Conspiracy to Traffic in Marijuana

Judge: Barber

Mandatory Minimum: Three years in state prison

Maximum Sentence: 15 years in state prison

Case Result: Probation. No jail or prison.

FERREIRAS CASE NO.: 2003-155 (State of New York)

Charges: (A1) First Degree Cocaine Trafficking

Judge: Supreme Court Judge Buscalia

Sentencing Guidelines: Fifteen years to life in New York State Prison

Case Result: Probation. No jail or prison.

HUDSON CASE NO.: 2007-04725 (Hillsborough)

Charges: Conspiracy to Traffic in Marijuana

Judge: Timmerman

Mandatory Minimum: 3 years in state prison

Case Result: 275 days work release followed by probation.

NOTABLE VIOLATIONS OF PROBATION RESULTS

CAMARA CASE NO.: 2011-cf-017186 (Hillsborough)

Charges: Robbery

Judge: Laura Ward

Maximum Sentence: Life in Prison

Case Result: Violation Dismissed after a full violation hearing with witnesses.

BERGERON CASE NO.: 12-CF-002877-A (Hillsborough)

Charges: On probation for Burglary of a Dwelling, two counts of Dealing in Stolen Property and two counts of False Information on a Pawnbroker Form. Bergeron picked up 23 new counts of Dealing in Stolen Property and False Information on a Pawnbroker Form

Judge: Holder

Maximum Sentence: Over 100 years in state prison

Case Result: Probation.

STEVENS CASE NO.: 2010-CF-016486 (Hillsborough)

Charges: Violation of Probation

Maximum Sentence: 5 years in state prison

Case Result: Motion to Dismiss Granted.

PARRILLA CASE NO.: 2013-CF-10646 (Hillsborough)

Charge: Second Violation of Sex Offender Probation

Maximum Sentence: 5 years in state prison

Judge: Tharpe

Case Result: Reinstated to the original terms and conditions of probation.

CAMACHO CASE NO.: 2009-CF-19218, 2010-CF-15772 (Hillsborough)

Charges: Fourth Violation of Probation

Judge: Perry

Case Result: Reinstated to the original terms and conditions of probation.

KRAMER CASE NO.: 2012-CF-001478, 2012-CF-001786 (Hillsborough)

Charges: Third Violation of Probation

Maximum Sentence: 30 years in state prison

Judge: Perry

Case Result: One year of community control and two years of drug probation.

ANDREWS CASE NO.: 2012-CF-008047, 2012-CF-011057 (Hillsborough)

Charges: Second Violation of Probation with New Criminal Charge

Maximum Sentence: 15 years in state prison

Judge: Perry

Case Result: Reinstatement to original terms and conditions of probation.

DIEU CASE NO.: 200903317CFANO (Pinellas)

Charges: VOP – Burglary of an Occupied Dwelling (Gang Related)

Judge: Quesada

Maximum Sentence: 15 years in state prison

Case Result: Case Dismissed after a full violation hearing with witnesses.

BARFIELD CASE NO.: 2001-CF-11271 et al (Hillsborough)

Charges: Eighth Violation of Community Control and Probation

Judge: Behnke

Mandatory Minimum: 15 year suspended sentence in state prison

Case Result: Motion to Dismiss Granted based on Richardson discovery violation.

RACE CASE NO.: 200805609CFANO (Pinellas)

Charges: Violation of Probation – Child Abuse

Judge: Quesada

Guideline Sentence: 44 months in state prison

Case Result: Reinstatement to original probation.

FELIX CASE NO.: 2003-CF-1688 (Hillsborough)

Charges: Conspiracy to Traffic in Heroin

Judge: Lopez

Mandatory Minimum: 15 years in state prison

Case Result: Reinstatement to original probation after our motion to suppress evidence was granted.

NOTABLE CASE DISMISSALS BASED UPON A POLYGRAPH EXAMINATION

MACIAS CASE NO.: 2010-CF-0038191 (Marion)

Charges: Trafficking in Methamphetamine

Judge: Stancil

Mandatory Sentence: 15 years in state prison

Maximum Sentence: 30 years in state prison

Case Result: Case Dismissed based upon a successful polygraph examination.

NOTABLE DUI RESULTS

TERINO CASE NO.: 17-CT-010251 (Hillsborough)

Charges Driving Under the Influence – DUI

Case Result Amended to a reckless driving, no jail and no license revocation.

WALKER CASE NO.: 2016-CT-001791-A (Orange)

Charges: Driving Under the Influence – DUI

Case Result: Amended to a reckless driving, no jail and no license revocation.

SAFAR CASE NO.: 2014-CT-146862 (Hillsborough)

Charges: Driving Under the Influence – DUI

Case Result: Amended to a reckless driving, no jail and no license revocation.

ROBERTS CASE NO.: 2012-CM6386 (Hillsborough)

Charges: Driving Under the Influence – DUI: Second Within Five Years

Case Result: Amended to a reckless driving, no jail or probation.

MAXWELL CASE NO.: 2012-CM-62-CT (Holmes)

Charges: Driving Under the Influence – DUI

Case Result: Amended to a reckless driving, no jail and no license revocation.

CINAL CASE NO.: 2011-CM-6699 (Hillsborough)

Charges: Driving Under the Influence – DUI: Second Within Five Years

Case Result: Amended to a reckless driving, no jail and no license revocation.

KURPASI CASE NO.: 2010-CM-5744 (Hillsborough)

Charges: Driving Under the Influence – DUI

Case Result: Amended to a reckless driving, no jail and no license revocation.

LEASURE CASE NO.: 2004-CM-201214 (Hillsborough)

Charge: Driving Under the Influence – DUI

Case Result Amended to a reckless driving, no jail and no license revocation.

ESLER CASE NO.: 2004-1097

Background: An appeal to the Second District Court of Appeal from a jury conviction and sentence of 5 years in prison on a count of DUI with serious bodily injury.

Case Result: Case reversed. As a result of our firm’s appellate efforts, the Second District Court of Appeal overturned the circuit court jury conviction and five year state prison term.

OTHER NOTABLE CRIMINAL RESULTS

YATES CASE NO.: 2015CF004154A000XX (Polk)

Charges: Armed Robbery with a Firearm and Armed Kidnapping

Judge: Ojeda

Mandatory Minimum Sentence: 10 years in prison

Maximum Sentence: Life in state prison

Case Result: Reduction in charges and Probation.

MILLER CASE NO.: 15-CF-001292-A & 15-CF-014145 (Hillsborough)

Charges: Delivery of Cannabis, Possession of Cannabis, Battery, Resisting without Violence and Criminal Mischief

Judge: Barber

Maximum Sentence: 9 years in state prison

Case Result: All felonies dismissed. Pled to misdemeanors only, time served.

EDISON CASE NO.: 15-CF-016856, 14-CF-019398, 14-CF-019397 (Lee)

Charge: Three counts of Sale of Cocaine and Three counts of Possession of Cocaine

Judge: Manalich

Maximum sentence: Life in prison as a Habitual Felony Offender.

Case Result: 3 years in prison.

WADE CASE NO.: 2013-CF-017372

Charge: Fraudulently Presenting a False Statement

Judge: Campbell

Background: This Defendant had several priors, including prior fraud charges.

Maximum sentence: 5 years

Case Result: A withhold of adjudication and probation. No jail or prison.

PARRILLA CASE NO.: 2013-CF-10646 (Hillsborough)

Charges: 1 Count of Possession of Child Pornography

Judge: Tharpe

Maximum Sentence: 5 years in state prison

Case Result: Probation. No jail or prison.

COBB CASE NO.: 2012-CF-17727 (Hillsborough)

Charges: Felon in Possession of a Firearm

Judge: Holder

Maximum Sentence: 15 years in state prison

Case Result: Our client paid court costs and the case was dismissed.

MORRISON CASE NO.: 2011-CF-2655 (Marion)

Charges: False Imprisonment, Tampering with a Witness and Battery

Judge: Stancil

Maximum Sentence: 12 years in state prison

Case Result: All felonies were dismissed. Our client paid court costs.

MOSLEY CASE NO.: 2009-CF-021579 (Hillsborough)

Charges: Burglary of an Unoccupied Dwelling, Two counts of Dealing in Stolen Property and False Information on a Pawnbroker Form

Judge: Moody

Maximum Sentence: 55 years in state prison

Case Result: Probation. No jail or prison.

PETIT CASE NO.: 10 Cases Total (Hillsborough)

Charges: Dealing Stolen Property, Grand Theft, Failure to Return Leased Property

Judge: Ficarrotta

Bottom of Guidelines: 41 months in state prison

Maximum Sentence: 135 years in state prison

Case Result: Probation. No jail or prison.

BLANCO CASE NO.: 2009-CF-012075 (Hillsborough)

Charges: Grand Theft $84,000.00, Second Degree Felony

Maximum Sentence: 15 years in state prison

Case Result: Probation. No jail or prison.

DIAZ CASE NO.: 2004-CF-13351 (Hillsborough)

Charges: Attempted First Degree Murder and Armed Robbery

Judge: Tharpe

Mandatory Minimum: 20 years in state prison (10/20/Life)

Case Result: Probation. No jail or prison.

O’CALLAHAN CASE NO.: 201001328CFANO (Pinellas)

Charges: Home Invasion Robbery

Maximum Sentence: Life in state prison

Case Result: Case reduced to misdemeanor trespass. Credit for time served.

CIAMPOLI CASE NO.: 201006944CFAWS (West Pasco)

Charges: Aggravated Assault with a Deadly Weapon and Trespass

Judge: Andrews

Maximum Sentence: 5 years in state prison

Case Result: Case reduced to misdemeanor assault. Credit for time served.

WILLIAMS CASE NO.: 2010-CF-003236 (Hillsborough)

Charges: Failure of Sex Offender to Report Quarterly

Judge: Pomponio

Sentencing Guidelines: 41 Months in state prison

Maximum Sentence: 5 years in state prison

Case Result: Credit for time already served.

HERSEY CASE NO.: 2005-CF-015527 (Hillsborough)

Charges: Felon in Possession of Firearm, Possession of Cocaine, VOP

Judge: Timmerman

Mandatory Minimum Sentence: 3 years in state prison

Case Result: A short county jail term and probation. No prison.

VELEZ CASE NO.: 2004-CF-15298 (Hillsborough)

Charges: Attempted First Degree Murder and Aggravated Battery

Judge: Tharpe

Mandatory Minimum: 20 years in state prison (10/20/Life Statute)

Maximum Sentence: 35 years in state prison

Case Result: Attempted first-degree murder and aggravated battery dismissed. The case was reduced to a misdemeanor assault.

PARSONS CASE NO.: 2004-CF-7455 (Hillsborough)

Charges: Attempted First Degree Murder and Aggravated Battery Firearm

Mandatory Minimum: 20 years in state prison (10/20/Life Statute)

Case Result: The case was reduced to aggravated assault. Attempted First Degree Murder and Aggravated Battery counts were dismissed.

LINDER CASE NO.: 2009-CF-000073, 10-CF-012925 (Hillsborough)

Charges: Burglary of an Occupied Dwelling; 3rd Violation of Probation

Judge: Fernandez

Case Result: DACCO Drug Treatment Program followed by a term of probation

HOWARD CASE NO.: 2011-CF-4913 (Hillsborough)

Charges: Two counts of Armed Robbery with a Firearm and Armed Burglary

Judge: Ficarrotta

Mandatory Minimum: 10 Years in Prison

Maximum Sentence: Life in Prison

Case Result: Youthful Offender sanctions.

CAMACHO CASE NO.: 2009-CF-019218, 2010-CF-015772 (Hillsborough)

Charges: Conspiracy to Commit Home Invasion Robbery with a Firearm; Burglary of an Occupied Dwelling with Assault or Battery; Grand Theft Firearm; and a Violation of Felony Probation

Judge: Holder

Mandatory Minimum: 10 years state prison (pursuant to 10-20-LIFE)

Case Result: Avon Park duel treatment program followed by a term of probation.

GRUSZCYNSKI CASE NO.: 2011-CF-1179 (Hernando County)

Charges: Sending Obscene Material to a Minor

Judge: Merritt, Sr.

Maximum Sentence: 60 months in state prison

Case Result: Charges reduced to Child Abuse. Probation. No jail or prison.