Leader & Leader, PA

Description

Our client was sleeping in his car in a shopping center parking lot later at night. A Broward Sheriff’s Deputy noticed his vehicle and woke hip up. After a discussion with out client, the deputy called for the DUI task force who had our client do road-side exercises, determined he was under the influence and arrested him for DUI; our client subsequently refused a breath test. We successfully had his drive license suspension invalidated because of legal issues with the initial contact between the deputy and our client. In addition, our client was recently diagnosed as a diabetic which we argued played a role in the facts of his case and his improper arrest. Ultimately, we were able to show the hearing officer that the necessary criteria could not be met, based upon all relevant facts and the law we presented, to uphold the suspension. Our client’s driver license suspension was invalidated allowing him to immediately get his license back. We subsequently took the stopping deputy’s deposition and created a strong record that resulted in our subsequent Motion to Suppress all evidence in the case.

Our client was on the scene when Pembroke Pines Police responded to a multi-car accident allegedly caused by our client. Thankfully no one was seriously injured. Our client spilled a drink on himself and had an open bottle of coca-cola that the officer stated smelled as if it had rum mixed in it. A second officer arrived while the first officer was conducting the accident investigation. The first officer told the second that our client may be impaired and asked him to follow-up. After speaking to our client and finding the coca-cola bottle, the second officer conducted a DUI investigation and arrested our client for multiple counts of DUI and DUI property damage. Our client gave a breath sample after he was arrested that was more than twice the legal limit. After taking the officer’s deposition and committing him to sworn testimony, we filed the appropriate motion with the Court. After a lengthy evidentiary hearing, the Court granted the Motion to suppress declaring the arrest and all evidence obtained after unlawful.

Our client was represented by the Office of the Public Defender and later decided to hire private counsel. When we were retained our client was facing up to five (5) years of Florida State Prison and the State Attorney was refusing to make a plea offer at the time. After careful review of the State’s discovery submission, we undertook our own investigation and spoke with the State’s witnesses and the alleged victim. We also filed several motions to compel, a motion to suppress and a motion to dismiss for discovery violations. However, the state had six witnesses including three civilians including the alleged victim, the two police officers on scene and the detective that did further investigation in the case. When our client was arrested, the weapon alleged to have been used in the assault was in his hand. Prior to our Motion to Suppress and/or our Motion to Dismiss being heard, we got the State to agree to reduce the third degree felony to a second degree misdemeanor. Our client ultimately opted to plead no contest to a second degree misdemeanor and was sentenced to a withhold of adjudication (no conviction), two months of probation and an anger management class.

Our client was made a sexual predator while represented by the Public Defender as a result of consensual sex with a fifteen, almost sixteen year-old girl who was the aggressor in the relationship. He had just turned eighteen. His case was resolved with probation but his attorney at the time did not explain to him that he had to immediately register as a sex offender. Because he did not register right away, he was arrested again and charged with another felony for failing to register; that case was also handled by the Public Defender. After several years of perfect compliance and completing his probation without incident, our client was arrested for another failure to register. It seems he got busy with other things and simply misses one his semi-annual registrations. The prosecutor was seeking five years of Florida State Prison and to certify our client as an Habitual Violent Career Criminal.

Sex crimes allegations carry a huge stigma and embarrassment for you and your family. In addition, a conviction will irrevocably alter your life in such a negative way that even if you are one day free, you will always be known as a sex offender. That label will never go away. When you need to envision a future of hope for yourself and for your family in light of the allegations that you are facing, a sex crimes defense attorney at Leader & Leader will your most valuable resource. At Leader & Leader, we have the experience in dealing with sex crimes cases that you need. Our 68 years of successful experience when it comes to defending sex crimes cases allows us to confidently and aggressively pursue your defense. To benefit from our track record and experience, fill out our FREE CASE REVIEW form at www.criminallawleader.com/contact-us/ or call us 24 hours a day, 7 days a week for an initial consultation. At Leader & Leader, we care about you, and we do not want allegations of sex crimes to ruin the rest of your life.

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