CASE RESULTS
CLICK TO READ 2008 CASE RESULTS
Miami-Dade County
Case#F935483
Charge: Motion to Vacate Conviction on L&L on a Minor (2cts)
Facts: Client's daughter came to Hager & Schwartz, P.A. after she learned that the alleged victims never knew that her father was convicted of the charge where they were allegedly sexually assaulted by him. Mr. Schwartz, through an extensive and exhaustive investigation took sworn testimony of both alleged victims where he learned that neither child was ever assaulted by the client and it was their aunt (since deceased) who made the frivolous allegations to police and was the sole piece of evidence that led to the arrest. In fact, Mr. Schwartz' investigation revealed that the police never even spoke to the alleged victim's about the aunt's allegations. Mr. Schwartz filed a Motion to Vacate the Plea and was able to convince the Prosecutor to stipulate to such on the grounds that the client had ineffective assistance of counsel and that there was never a good faith basis for the plea.
RESULT:CONVICTION VACATED AND CLIENT IMMEDIATELY RELEASED FROM PRISON
Miami-Dade County
Case#F1013264
Charge: Uttering a Forged Instrument and Grand Theft 3rd Degree.
Facts: Client was accused of swindling money from an elderly confidant by signing her checks without her knowledge and cashing them for his own personal gain and as a result was looking at five years in state prison. Mr. Schwartz was able to convince the State Attorneys Office that there was inadequate evidence to prove beyond a reasonable doubt and the case was No Actioned.
RESULT: CASE DISMISSED
Miami-Dade County
Case#F0916202
Charge: Grand Theft 3rd Degree.
Facts: Client was accused of stealing over $1,000 from a retail outlet and was looking at five years in prison. Mr. Schwartz was able to convince the State Attorneys Office that there was insufficient evidence to prove case. As a result, case No Actioned.
RESULT: CASE DISMISSED
Miami-Dade County
Case#F094617
Charge: Domestic Battery by Strangulation.
Facts: Client was accused of strangulating his girlfriend during a domestic dispute and was facing up to five years in state prison. Mr. Schwartz, after a thorough investigation was able to convince the State Attorneys Office that the victim and thus the little evidence they had to prove the case was unreliable. As a result, the case was No Actioned.
RESULT: CASE DISMISSED
Miami-Dade County
Case#B1011240
Charge(s) Domestic Battery (2 counts) and Defending Petition for Permanent Restraining Order
Facts: Client came to Hager & Schwartz, P.A. after being represented by another attorney whom he grew dissatisfied with. Mr. Schwartz was successful in getting the Petition for Permanent Injunctive Relief dismissed and was also able to convince the State Attorney to dismiss the domestic violence charge as well as a result of significant credibility issues of the alleged victims.
RESULT: BOTH CRIMINAL AND CIVIL CASES DISMISSED
Miami-Dade County
Case#F09000454
Charge: Animal Cruelty (2 counts)
Facts: Client was charged with stabbing and seriously injuring two dogs after they acted aggressively towards his dogs. The client had come to Hager & Schwartz, P.A. after he grew increasingly dissatisfied with the representation he was receiving from another attorney. Mr. Schwartz immediately began investigating the case and was able to establish that the client acted in the defense of his dogs based on a consistent pattern of aggressive behavior by the victim's dogs. The client was looking at ten (10) years in state prison. As a result of Mr. Schwartz' thorough investigation, the client received only one year administrative (non-reporting) probation, a plea deal the client's previous attorney was unable to obtain.
RESULT: NON-REPORTING PROBATION
Miami-Dade County
Case#F09003166
Charge(s): Aggravated Assault with a Firearm.
Facts: Client was arrested after he allegedly threatened a domestic partner with a gun and was looking at a 10 year minimum mandatory. Mr. Schwartz, immediately upon being retained on the case conducted a thorough investigation which revealed significant holes in the allegations laid out in the police report. As a result, Mr. Schwartz was able to convince the State Attorney that they had major evidentiary issues. The case was eventually No Actioned.
RESULT: CASE DISMISSED
Miami-Dade County
Case#1467XED
Charge: Driving Under the Influence (DUI).
Facts: Client was charged with DUI after she side swiped a commercial vehicle early one morning and almost fell over when attempting to perform the field sobriety exercises. She subsequently provided a breath sample, which registered well over a .20 (almost three times the legal limit). Mr. Schwartz was able to get the case dismissed on the morning of trial.
RESULT: CASE DISMISSED
Miami-County
Case#8808XEJ and F0841418
Charge: Driving Under the Influence (DUI) and Leaving the Scene with Injury(LSA)
Facts: Client was charged with Driving Under the Influence and Leaving the scene of an accident with injury when he smashed into another car, which resulted in injury to the driver. The client did not perform well on the field sobriety exercises and refused to provide a breath sample. Mr. Schwartz was able to get the DUI dismissed and got the felony case dismissed after client paid restitution to the victims of the crash. Client was facing up to five and a half years in state prison.
RESULT: BOTH CASE DISMISSED
Miami-Dade County
Case#F0911950/ F0911951
Charge(s): Burglary of Unoccupied Dwelling (3 counts) and Dealing in Stolen Property
RESULT: ALL CASES DISMISSED
Miami-Dade County
Case#F09-11945/F0911947
Charge(s): Burglary of Unoccupied Dwelling (3 counts) and Dealing in Stolen Property
RESULT: ALL CASES DISMISSED
Miami-Dade County
Case#M0960669
Charge: Domestic Battery
Facts: Client was charged with misdemeanor domestic battery after his girlfriend called 911 after a verbal dispute. Police, as they always do arrested the client after conducting no investigation. Mr. Schwartz was able to establish that the case lacked sufficient to obtain a conviction and the State dropped the charges. Client was facing up to one year in county jail.
RESULT: CASE DISMISSED
Miami-Dade County
Case#M0851070
Charge: Dometic Battery
Facts: Police arrested the client after girlfriend made false accusations of domestic abuse. The Prosecutor offered probation. However, Mr. Schwartz was able to establish that the victim lacked credibility and on the morning of trial even thought the prosecutor was adamant about going to trial, the case was Nolle Prossed after Mr. Schwartz spoke to a supervisor in the State Attorneys Office.
RESULT: CASE DISMISSED
Miami-Dade County
Case#F08420321
Charge: Battery on Law Enforcement Officer (2 counts) and Resisting with Violence
RESULT: CASES DISMISSED
Miami-Dade County
Case# M0910377
Charge: Domestic Battery
Facts: State was going forward on a domestic violence case without the cooperation of the alleged victim. Mr. Schwartz was able to convince the State Attorney that the statements made on the 911 tape, which was the sole piece of evidence remaining, lacked credibility. As a result of Mr. Schwartz' efforts, the case was Nolle Prossed on the morning of trial.
RESULT: CASE DISMISSED
Miami-Dade County
Case#F0933169
Charge: Aggravated Battery with serious bodily injury
Facts: Client, who is a minor was looking at thirty (30) years in state prison after the State Attorneys Office direct filed his case to adult court from juvenile court based on the severity of the victims injuries. Client was accused of stabbing three people at a party. Mr. Schwartz, through depositions was able to establish that the State would not be able to prove identification, a key element in any criminal prosecution. As a result, the case was dismissed.
RESULT: CASE DISMISSED
Miami-Dade County
Case#M1021618
Charge: Domestic Battery
Facts: Client was charged with domestic violence after his wife made allegations in an attempt to gain leverage in a subsequent separation/divorce. Mr. Schwartz was able to convince the prosecutor of these hidden motivations and the case was Nolle Prossed.
RESULT: CASE DISMISSED
Monroe County
Case#MM140265
Charge: Possession of Cannabis
RESULT: CASE DISMISSED
Miami-Dade County
Case#M1012009
Charge: Domestic Battery
Facts: Client was charged with misdemeanor domestic battery after his girlfriend called the police alleging domestic violence. The victim was adamant about not wanting to press charges, however the state attorneys office continued with the prosecution of the case. Mr. Schwartz scheduled the case for trial and on the case was Nolle Prossed that morning.
RESULT: CASE DISMISSED
Miami-Dade County
Case#: 1467XED
Charge: Driving Under the Influence (DUI)
Facts: Client was impaired after leaving a party which caused her to side swipe a truck. Officers arrived and conducted a DUI investigation which revealed slurred speech, glassy eyes and according to the officer, an odor of alcohol. Client performed poorly on field sobriety exercises and she subsequently performed a breath test which yielded results almost three times the legal limit. Mr. Schwartz set the case for trial, where the State dismissed the case.
RESULT: CASE DISMISSED
Miami-Dade County
Case#: F09033190
Charge: Possession of Cocaine/Purchase of Cocaine/Possession of Controlled Substances
Facts: Client was observed possessing and dealing Cocaine. A police investigation resulted in the clients arrest and detention for over 10 days in the Dade County Jail. Within two days of Mr. Schwartz getting the case, he had spoken to and convinced the filing prosecutor that they lacked sufficient evidence for a conviction which resulted in the client's immediate release from custody and the dismissal of the entire case. Client was facing over 20 years in Florida State Prison if convicted.
RESULT: CASE DISMISSED
Miami-Dade County
Case#: M09043775
Charge: Domestic Battery
Facts: Police were called by client's wife after a verbal dispute. As the police usually do, they rushed to judgement and arrested my client without conducting an investigating to determine whether there was any evidence to justify the victim's claim of domestic battery. As is also typical in arrests for domestic battery, a criminal Stay Away Order was entered against my client. Mr. Schwartz immediately motioned the court to modify the Stay Away Order which was successful. Mr. Schwartz then set the case for trial. However, prior to the trial date, as a result of Mr. Schwartz' independent investigation of the facts surrounding the victim's story and his ability to establish there were significant inconsistencies in the evidence, the State dismissed the case in its entirety. Mr. Schwartz is now working on expunging this case from the client's record.
RESULT: CASE DISMISSED
Miami-Dade County
Case#: M09-39342
Charge: Domestic Battery
Facts: Client, a female actress was arrested when a neighbor called the police to report a fight between her and her boyfriend. When police arrived, they immediately arrested my client of red marks on her boyfriend's neck. A criminal Stay Away Order was immediately entered as is typical in domestic violence charges. Mr. Schwartz motioned the court to modify the stay away order which allowed the client to move back into her own home. Mr. Schwartz was also able to convince the State that there were too many inconsistencies in the facts of the case which resulted in a quick dismissal of the case. Mr. Schwartz is presently working on getting case expunged from the client's record.
RESULT: CASE DISMISSED
Miami-Dade County
Case# F0933049
Charge: Possession of a Controlled Substance Without a Prescription
Facts: Client was stopped for a traffic stop, during which time the police officer saw a bottle of prescription medication on the passenger side of vehicle in plain view. However, the police officer did not accept client's explanation that he had a valid prescription for such medication and he was arrested for a third degree felony which is punishable by up to five (5) years in Florida State Prison. Mr. Schwartz immediately got the prescription from the client and forwarded to the State Attorneys Office. As a result, the State dismissed the case in its entirety. Mr. Schwartz is now working on expunging case from client's record.
RESULT: CASE DISMISSED
BROWARD COUNTY
Case No. 09-033246TC20A
Charge: Failure to Obey a Police Officer
Facts: The evidence was that at an inoperable light where a police officer was directing traffic. The officer walked away from the area where he was directing traffic and our client treated the intersection as a four way stop. The police officer pulled her over after she proceeded through the intersection without him directing her to drive. Mr. Hager spoke to the prosecutor about the lack of evidence that there was in the case and the case was not filed because there was no reasonable likelihood of conviction.
Result:
Case was not filed
BROWARD COUNTY
Case No. 09-002183MM40A
Charge: Battery
Facts: Our client was arrested due to an alleged fight that he had with his neighbor on October 5, 2008. The State Attorney filed the case on April 13, 2009, which was more than 90 days from the date in which the client had been arrested. Therefore, Mr. Hager filed a Motion to Discharge the case because the case was not filed timely pursuant to Florida Criminal Rules of Procedure 3.191 and the case was dismissed by the prosecutor.
Result:
State Attorney dismissed the case
VOLUSIA COUNTY
Case No. 2009-33697MMAES
Charge: DUI
Facts: Our client was operating his motorcycle in a congested area and attempted to change lanes and hit a large orange traffic cone and hit two more cones on the left shoulder of the road and then hit a three foot plastic barrier. Also, our client almost struck the deputy he performed poorly on the field sobriety exercises. Thereafter, client was asked to submit to a breath test and he blew a .190/.202 and was arrested for Driving Under the Influence. After further investigation, there appeared to be problems with the arresting officer’s certifications and the case was eventually reduced to a Reckless Driving charge which is a lesser included offense.
Result:
State Attorney reduced the charges to a Reckless Driving.
MIAMI-DADE COUNTY Case#: B08065965
Charge(s): Violation of Probation and Possession of Marijuana
Facts: Client was on probation for possession of marijuana and was violated when he again got arrested for the same charge and as a result had an outstanding probation warrant. Client was facing one year in county jail for the violation of probation and one year in jail for the new charge along with a two year drivers license suspension. Mr. Schwartz immediately got the case before the judge and got the violation of probation dismissed and negotiated a withhold of adjudication on the new charge with no further penalty. This was the clients third withhold of adjudication.
Result: VIOLATION OF PROBATION DISMISSED AND WITHHOLD OF ADJUDICATION ON NEW CHARGE WITH NO FURTHER PENALTY.
MIAMI-DADE
COUNTY
Case#: M08063254
Charge: Domestic Battery
Facts: Client was in South Florida for vacation with a boyfriend that alleged she broke his nose in a physical altercation. Mr. Schwartz was able to establish that the victim lacked credibility and thus the State Attorneys Office would have a difficult time proving the case.
Result: CASE DISMISSED
MIAMI-DADE COUNTY
Case# 3218FFD
Charge: Driving with a Suspended License and Violation of Probation
Facts: Client was offered 60 days in the Dade County Jail on a suspended license charge by the State Attorneys Office and was facing a maximum of one year in Jail. The client was driving on a five year driver's license revocation. Mr. Schwartz convinced the State Attorney to make an offer of probation in lieu of any jail time. Client subsequently was accused of violating probation by not strictly abiding by the conditions. Mr. Schwartz got the Affidavit of Violation dismissed and convinced the judge to terminate the probation successfully.
Result: STRAIGHT PROBATION AND DISMISSAL OF PROBATION VIOLATION
MIAMI-DADE
COUNTY
Case#: F08041418
Charge: Leaving the Scene with Injury
Facts: Client was accused of driving under the influence, which caused him to hit a parked car and its driver, causing injury. The client was facing a maximum of five (5) years in Florida State Prison. Mr. Schwartz was able to resolve the case in a manner which will result in the eventual dismissal of the case without the client having to perform any conditions.
Result: CASE DISMISSED
MIAMI-DADE
COUNTY
Case# 8808XEJ
Charge: DUI (Driving Under the Influence)
Facts: Client was arrested for driving under the influence of alcohol to the extent that his normal faculties were impaired. The evidence was that he hit a parked car which injured its driver, performed poorly on the field sobriety exercises and blew over two times the legal limit of .08. Mr. Schwartz set the case for trial and questioned the only witness that observed my client behind the wheel of the vehicle. Mr. Schwartz established that the witness was unable to make a positive identification and as a result the case was dismissed on the day of trial for insufficient evidence.
Result: CASE DISMISSED DUE TO INSUFFUCIENT EVIDENCE
MIAMI-DADE COUNTY
Case# F07030430
Charge: Violation of Community Control
Facts: Client, while on felony community control was arrested for domestic battery which resulted in a violation being filed by the community control officer. He was facing up to fifteen (15) years in Florida State Prison as a result of the violation. Mr. Schwartz was able to negotiate a deal where the client would serve less than 6 months in County Jail. He also was able to get the new charge dismissed for insufficient evidence.
Result: LESS THAN SIX MONTHS IN COUNTY JAIL
MIAMI-DADE
COUNTY
Case#: M08069151
Charge: Domestic Battery
Facts: Client was arrested for hitting his wife after a neighbor called the police. Mr. Schwartz was able to convince the State Attorney that the officer's investigation was insufficient and there was a lack of evidence to continue with the prosecution of the case.
Result: CASE DISMISSED
MIAMI-DADE
COUNTY
Case# F08021607
Charge: Felony Violation of Probation
Facts: Client was on probation for Carrying a Concealed Firearm, a third degree felony with a maximum penalty of five (5) years in Florida State Prison. The client was violated for failing to strictly comply with the conditions of his probation and a probation warrant was issued. Within 2 days of being retained on the case, Mr. Schwartz put the case before the judge and got the violation of probation dismissed and the probation terminated successfully.
Result: VIOLATION OF PROBATION DISMISSED
MIAMI-DADE COUNTY
Case# 3156FGQ
Charge: DUI (Driving Under the Influence)
Facts: Client was charged with DUI when she was stopped for a traffic violation. Officer stated she had bloodshot eyes, flushed face and slurred speech and that she performed below standard on the field sobriety exercises. The client blew under the legal limit and provided a urine sample at the officer's request because he believed she was under the influence of a controlled substance. Mr. Schwartz, on the day of trial was able to convince the State Attorney that they lacked the evidence to prove DUI or any lesser included offense.
Result:
CASE DISMISSED
MIAMI-DADE
COUNTY
Case# F09003166
Charge: Aggravated Assault with a Firearm and Domestic Battery
Facts: Client was accused of hitting his girlfriend and threatening to harm her with a firearm. The victim provided statements to the 911 operator that consisted of the clients name and address and that he had threatened her with a gun. Mr. Schwartz was able to convince the State Attorney that the victim and her statement(s) lacked credibility.
Result:
CASE DISMISSED
Volusia County
Case#: 0843252MMAES
Charge: Driving Under the Influence
Facts: Client was a patron in a store and the clerk noticed that he might be impaired by alcohol so the clerk approached the police who were already at the store for a separate unrelated matter. The police officer advised Client not to drive after the officer’s initial encounter with Client revealed that Client smelled strongly of alcohol, eyes were bloodshot and glassy, speech was mumbled and Client advised that he had consumed six beers. Client did not heed such warning. The Client then drove away and the police officer followed Client and did not witness any improper and followed him into another jurisdiction. Client failed his field sobriety exercises and he refused to submit to a breath test. After discussing the present issues (no improper driving witnessed, lack of jurisdiction) with the state attorney, the case was reduced to a Reckless Driving.
Result: REDUCED TO RECKLESS DRIVING
Volusia County
Case#: 0847985MMAES
Charge: Driving Under the Influence
Facts: Client was involved in a traffic crash after attempting to make a turn at the bend in the road at 80-90 miles per hour. Client had a friend in the car who gave a sworn statement to the police that Client was the driver of the vehicle and he was speeding and they had just left a party where alcohol was present. Client had a strong odor of alcohol emanating from his facial area and was asked to perform field sobriety exercises and he performed poorly on them. Client then provided a breath sample of .104 and .107 and was arrested. Mr. Hager contacted the Assistant State Attorney and advised that a Motion to Suppress Statements of the driver and passenger was going to be filed due to Accident Report Privilege, which allows for statements to be made truthfully during an accident and those statement would not be used against the individuals. The prosecutor subsequently decided to reduce this case to a Reckless Driving.
Result: REDUCED TO RECKLESS DRIVING
Broward County
Case#: 08-027460MM10A
Charge: Domestic Violence Battery
Facts: Client was arrested for domestic violence against her boyfriend and there were two independent witnesses to the incident. The victim had visible injuries as well. Mr. Hager convinced the alleged victim to sign a Waiver of Prosecution with respect to pursuing charges against his girlfriend. The case was never filed after the waiver was sent to the filing prosecutor.
Result: CHARGES DROPPED
Broward County
Case#: 08-024801M10A & DVCE08-7599
Charge: Domestic Violence Battery
Facts: Client was arrested after his wife contacted the police and stated that Client pushed her and caused her to spill hot water on her, thus causing a burn. Police arrested Client and subsequently wife filed a restraining order against him due to this incident. Mr. Hager set the wife for deposition and she appeared to be very untruthful. Eventually, Mr. Hager convinced the wife to drop all charges against Client in the criminal case and also to dissolve the temporary injunction against him. The prosecutor was shown a copy of the wife’s deposition and the case was eventually dismissed due to her being untruthful.
Result:
ALL CHARGES WERE DISMISSED AND THE TEMPORARY INJUNCTION WAS DISSOLVED
Broward County
Case#: 05-12154CF10A
Charge: Burglary Battery
Facts: Client was arrested after he broke into a hotel room and battered an acquaintance. Client repeatedly punched the alleged victim and caused several lacerations to his hand. This case is a first degree felony, punishable by 30 years in prison, and the Client scored a mandatory prison sentence. The prosecutor initially offered a prison sentence and Mr. Hager set the deposition of the alleged victim. The alleged victim was nowhere to be found and a Motion to Compel the State to provide the witness for deposition was filed. The prosecutor agreed to resolve the case for a non-prison sentence and offered Client four years probation.
Result: CASE RESOLVED FOR A NON-PRISON SENTENCE
Broward County
Case#: 08-015464MO10A
Charge: Disorderly Conduct
Facts: Client was arrested for disorderly conduct after police came to his residence due to a loud disturbance. This case was sent to the city prosecutor for case filing. Mr. Hager monitored the case due to the case not being filed within speedy trial time limits. Mr. Hager eventually contacted the city prosecutor on the last day of the speedy trial period and he agreed to dismiss the case against Client since he failed to file the case timely.
Result:
CHARGES WERE NEVER FILED
Volusia County
Case#: 08-45140MMAES
Charge: Driving Under the Influence
Facts: Client was witnessed to have hit a parked car and then parked in a space nearby. Police were called to the scene and they observed Client in the driver’s seat and approached Client and they observed that she smelled of alcohol and had red, bloodshot eyes. A bottle of whiskey was found in the car as well. Client performed poorly on field sobriety exercises and she refused to provide the police a breath sample. Mr. Hager contacted the prosecutor and convinced him to reduce the charge to reckless driving due to police officer not witnessing any improper driving and not having reasonable suspicion to conduct a DUI investigation based on the limited observations made by the officer.
Result: REDUCED TO RECKLESS DRIVING
Broward County
Case#: 94-011357CF10A
Charge: Selling Counterfeit Controlled Substance
Facts: Client came to Mr. Hager after he pled out this case in 1994 and wanted to vacate his plea because he was facing being deported due to the fact that he was not a citizen of the United States at the time that he took the plea. Mr. Hager filed a Motion to Vacate Plea and argued that neither the judge nor his attorney at the time he took the initial plea never advised him that he would be deported. An evidentiary hearing was held and an expert witness, an immigration attorney, testified on Client’s behalf as to the consequence of him being deported due to him taking the plea awhile back. The judge granted Mr. Hager’s Motion to Vacate the Plea and the prosecutor eventually dismissed the case against Client.
Result: MOTION TO VACATE PLEA GRANTED AND CASE DISMISSED
MIAMI-DADE COUNTY
Case#: F02-015355
Charge: Battery on a Police Officer
Facts:
Client called me from out of town and advised that he had an outstanding bench warrant for a felony case that was over 7 years old as he failed to appear in court. Mr. Schwartz not only was able to place on judges calendar within 3 days; he was able to get alias capias (warrant) lifted and case dismissed without client ever having to come to court.
Result: Warrant quashed and case dismissed
MIAMI-DADE COUNTY
Case#: M09016377
Charge: Domestic Battery
Facts: Wife called 911 after a verbal argument with her husband. When police arrived, they immediately arrested our client for domestic violence even though there was little evidence of any actual physical contact or violence. Mr. Schwartz was able to convince the prosecutor that the police investigation was insufficient and that they lacked the evidence to establish a case for domestic battery beyond a reasonable doubt. As a result, the State was forced into dropping the case.
Result: Case Dismissed
CHARLOTTE COUNTY
Case#: 06-1128MM & 06-1129MM
Charge(s): Worthless Check (2 counts)
Facts: Client, who lives out of state, called our office once he learned that he had a warrant for failure to show up in court for two counts of writing a worthless check. Mr. Schwartz contacted the State Attorney handling the case and got the case dismissed within three days without the client ever having to appear in court. - Orange County Criminal Defense Attorney
Result: Cases Dismissed
MIAMI-DADE COUNTY
Case#: F0916202
Charge: Felony Retail Theft
Facts: Client was charged with felony retail theft as the item she was accused of stealing was valued at over $300. She was facing up to five years in Florida State Prison. Mr. Schwartz reviewed the evidence the State was relying upon and was able to convince the filing prosecutor that there was insufficient evidence to justify the filing of the case. The state as a result did not file criminal charges.
Result: Case No Actioned
MIAMI-DADE COUNTY
Case#: M0925103
Charge: Domestic Battery
Facts: The client was accused of hitting his girlfriend after an argument ensued. The police interviewed the victim and as a result of such arrested the client for Battery. Mr. Schwartz was able to convince the Prosecutor that they could not prove the case beyond a reasonable doubt without the victim, who was unwilling to cooperate by offering testimony. There was little independent evidence of domestic battery. As a result, the State Nolle Prossed the case.
Result: Case Dismissed
MIAMI-DADE COUNTY
Case#: F0915565
Charge: Aggravated Battery
Facts: The client was accused of hitting his girlfriend, who was pregnant at the time, which was the sole basis of the aggravated battery charge. Mr. Schwartz was able to convince the Prosecutor that they had little to no evidence to establish that the client ever touched the victim and that the officer’s investigation did not reveal any independent evidence of a felony charge that could have resulted in a prison sentence of up to 15 years. As a result of Mr. Schwartz’ efforts, the case was No Actioned.
Result: Case No Actioned
MIAMI-DADE COUNTY
Case#: M0927508
Charge: Domestic Battery
Facts: Client was charged with Domestic Misdemeanor Battery after his girlfriend told the police that he had committed an act of physical violence against her. Mr. Schwartz was able to establish that the victim lacked credibility and that her testimony, which was full of lies and inconsistencies would not be enough to allow the State to prove the elements of the crime beyond a reasonable doubt as there was no independent evidence of domestic violence.
Result: Case Dismissed