2008 Case Results


Case: Man gets break on probation violation
Facts: Boca Raton man gets to serve the remainder of his sentence without future jail time. Criminal Defense Attorney Brett Schwartz argued that "the state attorney's office realized the evidence was much less reliable than they originally believed." Mr. Schwartz's client will serve the remainder of his jail time for a previous charge without additional time added.

MIAMI-DADE COUNTY
Case#: 9434-XDH
Charge: Driving Under the Influence
Facts: Client was stopped for driving on the wrong side of the road and failure to maintain a single lane after leaving a party at a friend's house and hitting a curb which blew out two of the vehicles tires. Upon contact with the client, the officer's noticed she had bloodshot watery eyes, flushed face and smelled alcohol upon her person. According to the police officers, the client performed substandard on the field sobriety exercises and provided a breath sample that registered at over two times the legal limit. However, Mr. Schwartz set the case for trial and the case was Nolle Prossed.
RESULT: DISMISSED

MIAMI-DADE COUNTY
Case#: F07042045
Charge: Aggravated Battery (Domestic)
Facts: Client came to Hager & Schwartz, P.A. after the case was being handled for some time by another South Florida Criminal Defense firm. Client requested that we be proactive with the case because he was tired of his life being put on hold as a result of frivolous allegations from the victim that could have resulted in fifteen years in Florida State Prison. Mr. Schwartz immediately took the victims deposition and was able to establish that she lied to the police during the course of the criminal investigation as well as in her written statements to the police. Mr. Schwartz was able with the use of these deposition transcripts to convince the State Attorneys Office to Nolle Prosse the case.
RESULT: DISMISSED

MIAMI-DADE COUNTY
Case#: 08-022279-FC-0
Charge: Motion for Permanent Injunction (Defense of such)
Facts: Petitioner was having an affair with the husband of the Respondent. After the Petitioner broke up with client's husband and he went back to his wife, she filed a Petition for Permanent Injunctive Relief (Requesting a Permanent Restraining Order) against the client because she was upset over the breakup. The Petitioner alleged the client was threatening her with imminent bodily harm. Mr. Schwartz was able to tarnish the Petitioner credibility and establish that her claims were without merit and subsequently get the Petition for Permanent Injunctive Relief Dismissed.
RESULT: DISMISSED

MIAMI-DADE COUNTY
Case#: F08027532/ 3657-RKC4
Charge: Possession of Controlled Substance and Reckless Driving
Facts: Client was driving and allegedly cut another driver off. Officer stopped client and upon searching the vehicle, found a baggie with alleged controlled substance contained inside. Client was arrested for Possession of Controlled Substance and Reckless Driving and was thus facing over five years in Florida State Prison. Mr. Schwartz convinced the State Attorney that the driving pattern did not constitute Reckless Driving and the case was Nolled Prossed. Mr. Schwartz got the client into the Drug Court Program which will result in the case being dismissed and his record cleared.
RESULT: DISMISSED

MIAMI-DADE COUNTY
Case# M08051070
Charge: Domestic Battery
Facts: Client and his wife were leaving a bar in Coconut Grove and entered their car to go home. However, a police officer who was doing area surveillance believed he saw the client slap his wife multiple times and slam her head against the window and as a result, called for backup who arrested the client solely based on those observations. Mr. Schwartz set the case for trial because the alleged victim (client's wife) insists that there was no physical abuse and she would testify to such. Mr. Schwartz set the case for trial. On the day of trial, Mr. Schwartz spoke to the four officers involved and was able to establish many inconsistencies between them and their previous statements. As a result the tremendous credibility of the victim, the inconsistencies of the officers and the persistence of Mr. Schwartz, the State Attorney agreed to Nolle Prosse the case.
RESULT: DISMISSED

MIAMI-DADE COUNTY
Case #: M08044748
Charge: Carrying a Concealed Weapon
Facts: Client was accused and charged with bringing a concealed firearm into the Miami Dade Courthouse, where it was discovered by security. Mr. Schwartz was able to convince the Prosecutor that they would not be able to prove that the client had knowledge that the firearm was in her bag, which was an element of the crime charged. As a result, the case was Nolle Prossed without the client ever having to appear in court.
RESULT: CASE DISMISSED

MIAMI-DADE COUNTY
Case #: F0833503
Charge: Aggravated Battery (domestic)
Facts: Client was accused of punching his live in girlfriend, causing scratches and lacerations. The client was facing fifteen years in Florida State Prison. Mr. Schwartz first attended the bond hearing and convinced both the judge and the prosecutor that the nature of the injuries did not rise to the level of an aggravated battery, which requires serious bodily injury. The case was subsequently dropped and no further action was taken against the client.
RESULT: CASE DROPPED

MIAMI-DADE COUNTY
Case #: F0833503
Charge: Possession of Controlled Substance/Solicitation of Prostitution
Facts: Client was caught in a prostitution sting in a hotel room that he was sharing with the police officers primary target. In the room, the police officers found marijuana and charged the client with possessing such. As a result of the charges, the client was facing six years in Florida State Prison. Through depositions of the police officers in questions, Mr. Schwartz was able to establish that the client did not ever have possession of the controlled substance and that his arrest was based on a police officer's mistake. After Mr. Schwartz showed the prosecutor the deposition transcript of the police officers, the case was immediately Nolle Prossed.
RESULT: CASE DISMISSED

MIAMI-DADE COUNTY
Case#: F08029175
Charge: Aggravated Battery (Domestic)
Facts: Client was accused by police of getting in an argument with his pregnant wife then biting her on the arm in a mutual physical struggle. The client was arrested and charged with aggravated battery for the sole reason that his wife was pregnant. The client was facing up to fifteen years in Florida State Prison as a result of the charge. The State Attorneys Office attempted to pursue the case without victim cooperation. However, Mr. Schwartz was able to convince the State Attorneys Office that they could not prove the specific elements of the offense without a cooperating witness. As a result, the case was dropped without clients ever having to appear in court.
RESULT: CASE DROPPED

BROWARD COUNTY
Case# 08-6957MM10A
Charge: Driving Under the Influence
Facts: Client was stopped for disobeying a traffic control device and was passed out sleeping in the vehicle with the car running in the middle of the roadway. Client told police that he had had been drinking at a local bar prior to driving. Client performed roadside sobriety exercises and refused a breath test and was arrested. Mr. Hager questioned the police officer regarding Client’s impairment and determined that the police officer did not have sufficient reasonable suspicion to warrant the sobriety exercises and the request of a breath test. After several conversations with the prosecutor, the case was dismissed.
RESULT: STATE ATTORNEY’S OFFICE DECLINED TO FILE CHARGES

BROWARD COUNTY
Case# 07-153625TC30A
Charge: Failure to Register Vehicle
Facts: Client was driving an unregistered vehicle with dealer plates because her husband was car salesman. Apparently, Client was not using the car for the intended purpose of test driving the vehicle and she was given a Notice to Appear for failure to register her vehicle. After speaking with the prosecutor and police officer, this case was dismissed because the car was registered to the dealership and the husband was given permission to use vehicle as a loaner car.
RESULT: CHARGES DISMISSED

PALM BEACH COUNTY
Case# 2008CJ001977
Charge: Battery (Domestic Violence)
Facts: Two Palm Beach deputies were dispatched to juvenile client’s home after they were called with respect to a battery having been committed. Upon arriving, alleged victim, the father, stated that his son punched him in the face. The deputies questioned juvenile client and he stated that he blacked out, lost control and punched his father in the face. Father declined to press charges, but the State Attorney’s office insisted upon pressing charges. Mr. Hager filed a Motion to Suppress client’s statement because the deputies did not read client Miranda Warnings prior to questioning him. Prosecutor conceded that client was not read his rights prior to questioning and agreed to drop the charges on the day of trial.
RESULT: CHARGES DISMISSED DAY OF TRIAL

PALM BEACH COUNTY
Case# 2008CF002008 & 2008CF1873
Charge: Concealing Info to Obtain Prescriptions/Possession of Controlled Substance
Facts: Client and husband were arrested by police after their vehicle was stopped for no valid reason. The husband was patted down and his wife’s pill for Roxicodone was found on him. Husband told police that her pill fell out of the car while his wife was taking the pills for her well-documented injuries. Wife was also being investigated by police for allegations that she concealed information in order to obtain prescriptions. Several discussions were had with the prosecutor and Mr. Hager and ultimately both cases were dropped after Mr. Hager provided medical records to the prosecutor with respect to the reasons why wife was in possession of the controlled substance.
RESULT : CASES WERE DISMISSED

BROWARD COUNTY
Case# 07-024374MM10A
Charge: Driving Under the Influence
Facts: Client was pulled over at approximately 2:30 a.m. for failing to maintain a single lane. The police officer smelled a strong odor of alcohol on client and client admitted to having three drinks at a local bar prior to driving. His eyes were bloodshot and glassy and his speech was slurred. He agreed to perform roadside sobriety exercises and he failed the exercises. He agreed to take a breath test and blew a .165/.163 (over two times the legal limit) and he was arrested. Mr. Hager took the deposition of the police officer that initially stopped client’s vehicle and he determined that she did not have a valid reason to stop the vehicle and he filed a motion to suppress. On the date of the motion to suppress, the state agreed to reduce the charges if we did not proceed with the motion and client agreed to plea to the reduced charge of reckless driving
RESULT: CHARGES REDUCED TO RECKLESS DRIVING

BROWARD COUNTY
Case# 07-028285MM10A
Charge: Battery (Domestic Violence)
Facts: The alleged victim in this case reported to police that client allegedly hit him with a large stone and he suffered a laceration on his right hand. There were two independent witnesses that observed the incident and provided sworn statements to the police as to what happened. Mr. Hager eventually was able to convince the prosecutor to reduce the charges to disorderly conduct after the alleged victim filed an affidavit advising that he did not wish to prosecute our client.
RESULT: CHARGES REDUCED TO DISORDERLY CONDUCT

MIAMI-DADE COUNTY
Case# M07-73775
Charge: Domestic Battery
Facts: Client was accused of hitting her husband after a verbal dispute. The police were called by another witness who allegedly saw the fight. Although the victim was unwilling to cooperate with the case, the State Attorneys Office continued in their efforts to prosecute the case. On the morning of trial, Mr. Schwartz was able to convince the Prosecutor to dismiss the case due to a lack of consistency between the testimony of the witness and the alleged victim.
RESULT: DISMISSED

BROWARD COUNTY

Case# M07-73775
Charge: Domestic Battery
Facts: Client was accused of hitting her husband after a verbal dispute. The police were called by another witness who allegedly saw the fight. Although the victim was unwilling to cooperate with the case, the State Attorneys Office continued in their efforts to prosecute the case. On the morning of trial, Mr. Schwartz was able to convince the Prosecutor to dismiss the case due to a lack of consistency between the testimony of the witness and the alleged victim.
RESULT: DISMISSED

MIAMI-DADE COUNTY
Case# F07032466/M07061594
Charge: Battery on Law Enforcement Officer
Facts: Client was arrested at the Orange Bowl for Battery on a Law Enforcement Officer after an altercation in the stands during a University of Miami football game. Mr. Schwartz convinced the State Attorneys Office that there was insufficient evidence to prosecute the case as a felony. As a result, the State Attorneys Office filed Resisting Without Violence and Disorderly Conduct, both misdemeanors. The client continuously turned down the diversion program offered by the Prosecutor and pushed the case to trial. At trial, the State Attorneys Office was unable to prove the elements of the crimes charged. Mr. Schwartz argued that as a result of the State's inability to prove each element of the crimes charged, a Judgment of Acquittal (Dismissal by Judge) was warranted. The judge agreed and immediately dismissed the case.
RESULT: JUDGEMENT OF ACQUITTAL (DISMISSAL BY COURT)

MIAMI-DADE COUNTY
Case# M07073814
Charge: Domestic Battery
Facts: Client was accused of striking her ex-husband in front of his new girlfriend and their child. Mr. Schwartz pushed the case to trial and during cross examination was successful in discrediting the alleged victim and all of his witnesses. As a result, the client was found not guilty.
RESULT: NOT GUILTY VERDICT

MIAMI-DADE COUNTY
Case# B0754488
Charge: Battery
Facts: Client was accused of starting a fight at a popular Miami night club. The client rejected the diversion program offered to first time offenders because of major inconsistencies in the evidence. Mr. Schwartz forced the State Attorneys Office to trial where they were forced to dismiss the case.
RESULT: CASE DISMISSED AT TRIAL

BROWARD COUNTY
Case# 07001657MM40A
Charge: Possession of Marijuana
Facts: Client was charged with constructive possession of marijuana as a result of being in the passenger seat of a car where marijuana was found. The State Attorneys Office offered a plea of a withhold of adjudication (no conviction) and court costs. Mr. Schwartz forced the State to trial and had the opportunity to speak to the officers who conducted the investigation that led to the client's arrest. Mr. Schwartz, based on this conversation with the officers was able to show the Prosecutor major flaws in their case and as a result got the case dismissed.
RESULT: CASE DISMISSED AT TRIAL

MIAMI-DADE COUNTY
Case# F0723578
Charge: Resisting With Violence
Facts: Client was arrested for Resisting With Violence when he first refused to sign a traffic citation then allegedly slammed the pen on the ticket pad and shoved it against the officer's body. Mr. Schwartz was first able to convince the State Attorneys Office that the allegations in the probable cause affidavit did not amount to a felony. Once it was bound down to county court with only a misdemeanor charge of resisting without violence, Mr. Schwartz set it for trial. On the day of trial, Mr. Schwartz had the opportunity to personally interview all the officers involved in front of the Assistant State Attorney. The prosecutor was then convinced that he would not be able to prove each element of the case and was forced to dismiss.
RESULT: CASE DISMISSED AT TRIAL

MIAMI-DADE COUNTY
Case# M07052578
Charge: Domestic Battery
Facts: Client was arrested for domestic battery after he got into an alleged altercation with his girlfriend, who called 911 for assistance. When police arrived, they arrested our client and charged him with domestic violence and took him to the Dade County Jail without conducting much of an investigation to determine the actual truth of what really occurred. Mr. Schwartz was able after a thorough investigation to convince the State Attorneys Office that they lacked the appropriate evidence to prove the charge beyond a reasonable doubt and the case was Nolle Prossed.
RESULT: DISIMISSED

MIAMI-DADE COUNTY
Case# M07057395
Charge: Domestic Battery
Facts: Client was arrested for domestic battery after an allegation by one of his children that he choked, pushed and pinned his wife on the bed. The police after a emergency 911 call, arrived and immediately began searching for the client, who was later found and arrested for domestic violence without any type of investigation. Mr. Schwartz was able to modify the stay away order (at victims request) and subsequently convince the State Attorneys Office that the witnesses lacked the credibility necessary to prove the case beyond a reasonable doubt and the case was Nolle Prossed.
RESULT: DISMISSED

BROWARD COUNTY
Case# 07-000353CF10A
Charge: Driving While License Suspended (Habitual)
Facts: Client was facing five (5) years in state prison after violating his probation. He violated his probation by picking up three new charges: 1) Carrying a Concealed Firearm 2) Possession of a Firearm and 3) Grand Theft of a Firearm. The charges in Miami-Dade County were dismissed and Mr. Hager convinced the Assistant State Attorney not to proceed on the Violation of Probation Warrant due to the lack of evidence of a new crime being committed.
RESULT: WARRANT DISMISSED

MIAMI-DADE COUNTY
Case# 8838XCM/1331FEV/1332FEV/1333FEV
Charge: DUI/Careless Driving
Facts: Client was stopped for speeding and running a stop sign. The police officer alleged my client refused field sobriety tests and a breath test. On the day of trial, Mr. Schwartz was was able to secure a dismissal (nolle prosse) of all charges.
RESULT: ALL CHARGES DISMISSED

MIAMI-DADE COUNTY
Case# M07027416
Charge: Domestic Battery
Facts: The client allegedly was involved in an altercation with his girlfriend. The evidence included but was not limited to officer testimony, statements, a 911 call from an independent witness and testimony from that witness. After extensive discussion, Mr. Schwartz was able to convince the Prosecutor that going to trial with little more than a statement from an eyewitness who lacked credibility would be a miscarriage of justice.
RESULT: DISMISSED BEFORE TRIAL

BROWARD COUNTY
Case# 05-004651CF10A
Charge: Aggravated Assault with a Firearm
Facts: The alleged victim in this case reported to police that my client allegedly punched her in the face and hit her in the lower back with the butt of a gun. Further, it was alleged that my client threatened her at gunpoint and stated thathe would kill her. The offer to resolve the case was an adjudication of guilt and three years in Florida State Prison. The State Attorney's Office was unable to locate the alleged victim and a Motion to Compel Better Address of the alleged victim's address was filed along with a Demand for Speedy Trial. The State was unable to produce the alleged witness after filing for speedy trial.
RESULT: CHARGES DISMISSED

MIAMI-DADE COUNTY
Case# 489506-X
Charge: Driving Under the Influence and Careless Driving
Facts: Client was involved in a minor traffic accident. The police were called to the accident and then a DUI investigation ensued. As a result of the officer's investigation, my client was arrested for DUI and Careless Driving. He refused the field sobriety tests and the breath test. Brett Schwartz filed a Sworn Motion to Dismiss and on the day of trial, the State Dismissed all the charges.
RESULT: DUI AND CARELESS DRIVING CHARGES DISMISSED

BROWARD COUNTY
Case# 06-018012CF10A
Charge: Attempted Robbery Deadly Weapon
Facts: The alleged victim in this case reported to police that my client allegedly attempted to take his property from him at gunpoint and fired two shots in the vicinity of the victim. There were three other witnesses that were present when this occurred. Depositions were set immediately and the witnesses failed to appear. Motions were filed to strike the witnesses from testifying after the State failed to comply with the judge’s order requiring the State to have the witnesses made available for deposition.
RESULT: CHARGES DISMISSED

MIAMI-DADE COUNTY
Case# 3526-XDK
Charges: Driving Under the Influence with Bodily Injury/Careless Driving
Facts: Client was involved in a vehicle accident where his vehicle slammed into the rear of another car that was waiting at a red light. When police arrived, they smelled an odor of alcohol and asked the client to perform field sobriety exercises, which he refused. The client also refused a breath test, however a blood draw was conducted and revealed he was over the legal limit. The client also admitted to police that he was consuming alcohol. Mr. Schwartz filed a Motion to Suppress and a Notice of Expiration of the Speedy Trial period and set the case for trial. On the day of trial, the State was forced to Nolle Prosse all the charges.
RESULT: ALL CHARGES DISMISSED

BROWARD COUNTY
Case# 07-006670CF10A
Charge: Possession of Cocaine with Intent to Sell or Deliver
Facts: Police officer responded to an anonymous tip that my client was selling or delivering drugs. Police office did not witness any illegal activity or any traffic infraction when he arrived at the scene, yet stopped my client’s vehicle and ultimately found 8.7 grams of cocaine in my client’s purse. The State Attorney offered my client an adjudication of guilt and eighteen months of prison. A Motion to Suppress and a Motion to Dismiss was filed.
RESULT: THE STATE ATTORNEY ULTIMATELY CONCEDED TO MY MOTION TO SUPPRESS AND THE CASE WAS DISMISSED.

VOLUSIA COUNTY
Case# 2007-35437MMAES
Charge: Driving Under the Influence
Facts: Police officer observed my client on a motorcycle traveling 65 miles per hour in a posted 35 miles per hour speed zone. The police officer observed the following signs of impairment: strong odor of alcohol, unsteady gait, red and bloodshot eyes. My client refused the breath test and the field sobriety exercises.
RESULT: BREAKDOWN TO RECKLESS DRIVING

MIAMI-DADE COUNTY
Case# 508732X
Charge: DUI
Facts: Client was charged with Driving Under the Influence as a result of being pulled over for failure to maintain a single lane and making a wide left turn. She subsequently performed poorly on field sobriety exercises and blew a .222 and .209 (almost 3x's the legal limit). Mr. Schwartz filed a Motion to Suppress the Stop on grounds that the officer lacked reasonable suspicion to make an investigatory stop. On the day of trial, the State Attorney offered a breakdown with no driver’s license suspension.
RESULT: REDUCED TO RECKLESS DRIVING

MIAMI-DADE COUNTY
Case# 3554XDK
Charge: Driving Under the Influence (2nd outside of 5 years)
Facts: Client was pulled over by police for weaving in and out of traffic. He performed poorly on the field sobriety exercises and was arrested for driving under the influence. He blew over two times the legal limit (.190/.192). Mr. Schwartz filed a Motion to Suppress the stop and as a direct result was able to convince the prosecutor(s) to offer my client a breakdown to a reckless driving, which allowed him to obtain a hardship license, which he would have been unable to get with a second DUI conviction.
RESULT: BREAKDOWN TO RECKLESS DRIVING

MIAMI-DADE COUNTY
Case# 5598EVX/5598EVX/5600EVX/8326EVX
Charges: Driving Under the Influence with property damage/Leaving the Scene of an Accident/Careless Driving
Facts: Client was an occupant in a vehicle that was involved in a one car crash. She was arrested as a result of alleged witnesses both in and out of the vehicle that stated that she was the driver. My client was extremely impaired and also admitted to driving the vehicle. Mr. Schwartz filed a sworn motion to dismiss as there was insufficient evidence to prove that my client was the driver of the vehicle, an essential element that must be proved by the State of Florida in any DUI case. A motion to suppress the statements was also filed. As a result of the motions filed, the state was forced to dismiss all the charges against my client.
RESULT: ALL CHARGES DISMISSED

MIAMI-DADE COUNTY
Case# B07020510
Charge: Solicitation of Prostitution
Facts: Client was arrested for allegedly offering sexual relations for money with what turned out to be an undercover police officer. After extensive discussions with the prosecutor to discuss the lack of evidence and the primary officer's failure to appear in court, the case was dismissed.
RESULT: DISMISSED

MIAMI-DADE COUNTY
Case# F78018934
Charge: Violation of Probation
Facts: Client was charged and placed on probation in Miami-Dade for Lewd and Lacivious Acts in 1978 (represented by another attorney not affiliated with this firm). He was violated in Broward County a short time later for sexual battery and also represented by unknown counsel. As a result, he was sentenced to 10 years in Florida State Prison. In 2007, he was picked up in Central Florida on another probation warrant that was issued and brought to Miami-Dade County. Mr. Schwartz was able to convice both the prosecutor and judge to sentence my client to credit timed served and he was immediately released from jail and the case was closed. He was facing 30 years in Florida State Prison.
RESULT: GIVEN CREDIT TIMED SERVED AND PROBATION TERMINATED

MIAMI-DADE COUNTY
Case# B06047320
Charge: Trespass After Warning
Facts: Client was a contractor that was hired to do work for a large retail store. One day, a dispute arose and the police were called. They ordered my client to leave the premises and when he refused as he believed he had a legal right to be there, he was arrested for Trespass after Warning. After extensive discussions with the prosecutor(s), Mr. Schwartz was able to convince them that the client had a lawful reason to be there and the case was dismissed.
RESULT: DISMISSED

MIAMI-DADE COUNTY
Case# M07012205
Charge: Domestic Battery (Domestic Violence)
Facts: Defendant was arrested and charged with domestic battery for allegedly hitting his girlfriend who was upset that he was breaking up with him. Mr. Schwartz was able to convice the prosecutors that the inconsistencies in the evidence and the obvious motivations of the victim warranted a dismissal of the charge.
RESULT: DISMISSED

MIAMI-DADE COUNTY
Case# F98014000
Charge: Violation of Probation
Facts: Defendant was placed on probation in Miami-Dade County in 1998. He failed to comply with the conditions of the probation, including but not limited to payment of almost $3,000 in restitution and the performance of community service hours. A probation warrant was issued and remained outstanding for almost 9 years. Mr. Schwartz immediately placed the case on the judges calendar and convinced the prosecutor(s) to reduce the amount of restitution by almost 75% and terminate the probation. The judge, who was extremely upset by the clients failure to appear for almost 9 years wanted to take him into custody, however, due to the arguments made by Mr. Schwartz, the judge agreed to terminate the probation as per the plea negotiations. The client was facing 15 years in Florida State Prison.
RESULT: VIOLATION OF PROBATION DISMISSED

MIAMI-DADE COUNTY
Case# F03019871
Charge: Violation of Probation
Facts: Client was placed on probation for felony charges from 2003. He was subsequently violated; a probation warrant was issued which he was picked up on in Collier County. Mr. Schwartz immediately had the client transferred to Miami-Dade County where the case was put on calendar. As a result of Mr. Schwartz' plea negotiations with the prosecutor, the defendant was given credit for timed served, immediately released from jail and reinstated on his original term of probation. The client was facing 20 years in Florida State Prison.
RESULT: CREDIT TIMED SERVED

MIAMI-DADE COUNTY
Case# F06041292
Charge: Kidnapping/Battery
Facts: Client's wife alleged that my client punched her and prevented her from leaving their home. Mr. Schwartz, convinced the State Attorneys Office to drop the felony kidnapping charge, leaving only the misdemeanor domestic battery. Mr. Schwartz was later able to convince the prosecutor to drop the remaining domestic battery charge due to credibility issues of the victim.
RESULT: CHARGES DISMISSED

MIAMI-DADE COUNTY
Case# F06035018
Charge(s): - six (6) counts of theft of the elderly
- two (2) counts of forgery of check
- ten (10) counts of money laundering
Facts: Client was charged with taking and spending a significant amount of money from a family member who believed they were entitled to such after the passing of his spouse. She was accused of forging checks and making significant monetary withdrawals from an account where she was not the primary account holder. Mr. Schwartz was able to convince the prosecutor that they did not have enough evidence to win in trial and that they had witness problems.
RESULT: ALL CHARGES DISMISSED

BROWARD COUNTY
Case# 03-006427CF10A
Charge: Aggravated Battery
Facts: Client was alleged to have hit victim, thus causing victim to have reconstructive surgery to the facial area. Client testified that victim threw the first punch and that he was defending himself.
RESULT: JURY VERDICT NOT GUILTY

BROWARD COUNTY
Case# 05-025313MM10A
Charge: Driving Under the Influence
Facts: Client was driving home from a Christmas party and got a flat tire while driving on I-95. Police approached her after she pulled into a gas station and smelled an odor of alcohol and observed slurred speech and client demonstrating an unsteadiness on her feet. Client refused roadside sobriety exercises and refused breath test on videotape.
RESULT: JURY VERDICT NOT GUILTY

HENDRY COUNTY
Case# 06-553CF
Charge Driving While License Suspended
Facts: Client was driving on a suspended license (suspended for DUI) when he approached a DUI checkpoint. The police arrested Client and discovery was demanded from the State Attorney’s Office. The discovery was provided, but the State Attorney’s Office failed to provide operation plan for DUI checkpoint. A Motion to Compel the operational plan was filed and the State Attorney’s Office dismissed the case due to noncompliance with operation plan.
RESULT: CASE DISMISSED

BROWARD COUNTY
Case# 05-013301CF10A
Charge: False Imprisonment and Battery
Facts: Client had a child in common with victim and Client had a prior criminal history. Victim testified that Client would not allow her to leave the car and was struck in the face when she attempted to leave. Victim called 911 and reported such event to the police and the tape was played to jury.
RESULT: JURY VERDICT NOT GUILTY

BROWARD COUNTY
Case# Unavailable
Charge: Battery
Facts: Victim claimed that Client, who was victim’s landlord, came over to her house to collect the monthly rent and when she failed to give him the rent, he pushed the door open and hit her. Photographs of the victims injuries were introduced at trial where four witnesses were called to testify on her behalf.
RESULT: JURY VERDICT NOT GUILTY

VOLUSIA COUNTY
Case# CTC0651639MMAES
Charge: Driving Under the Influence
Facts: Client was stopped by police for following too closely and failing to maintain a single lane. Police observed an odor of alcohol, bloodshot eyes, flushed face and delayed motor skills. Client performed roadside exercises poorly on videotape and took the breath test with results of .139 and .144.
RESULT: THIS CASE WAS REDUCED TO RECKLESS DRIVING AND THE CITATIONS WERE DISMISSED.

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
Case# Unavailable
Charge: Driving Under the Influence in Monroe County
Facts: Client failed to use designated land and failed to yield to a police officer. Officer testified that there was an odor of alcohol and slurred speech. Client performed poorly on roadside sobriety exercises and agreed to take the breath test. While at the police station, Client was not feeling well after he took the first breath test and asked to be transported to a hospital. While at the hospital, Client had blood taken for medical purpose and police asked the doctor’s for the results of the blood test that same day. Blood results showed that Client was over two times the legal limit. A Motion to Suppress blood test results was made at hearing because police did not comply with proper procedure.
RESULT: DRIVING PRIVILEDGES WERE REINSTATED AND SUSPENTION WAS OVERTURNED

VOLUSIA COUNTY
Case# 06-32800MMAES
Charge: Driving Under the Influence
Facts: Client was traveling 48 mph in a 35 mph posted speed zone and was stopped by the police. Client had bloodshot, glassy eyes, poor manual dexterity and an odor of alcohol. Client performed sobriety exercises on videotape and performed poorly and he refused to take a breath test.
RESULT: MR. HAGER WAS ABLE TO CONVINCE THE PROSECUTOR TO REDUCE THE CHARGE TO RECKLESS DRIVING AFTER AN EXTENSIVE INVETIGATION INTO THE SPECIFIC FACTS OF THE CASE.

MIAMI-DADE COUNTY
Case# 8089-EEM/376823-W
Charge: Driving Under the Influence
Facts: Client was found slouched and asleep at the wheel of his vehicle with the engine running and the car in gear. An open bottle of vodka was found in the car. Client performed poorly on roadsides and refused a breath test. After extensive discussion, Mr. Schwartz successfully convinced the prosecutor that they did not have enough evidence to win at trial. As a result, the case was broken down to a reckless driving with no conviction.
RESULT: BREAKDOWN TO RECKLESS DRIVING WITH NO CONVICTION

VOLUSIA COUNTY
Case# CTC0607181MMAWS
Charge: Driving Under the Influence
Facts: Client was involved in a traffic crash and police arrived at the scene. Police observed bloodshot and glassy eyes and an odor of alcohol. Client performed field sobriety exercises on videotape and performed poorly. Client refused a breath test.
RESULT: MR. HAGER WAS ABLE TO CONVINCE THE PROSECUTOR TO REDUCE THE CHARGE TO RECKLESS DRIVIN WITHOUT CONVICTION AFTER AN EXTENSIVE INVESTIGATION INTO THE SPECIFIC FACTS OF THE CASE.

MONROE COUNTY
Case# 04MM846P
Charge: Boating Under the Influence
Facts: Client was stopped for riding his waverunner at a high rate of speed in a no wake zone and according to the Coast Guard in a reckless manner. He was subsequently ordered to perform field sobriety tests and as a result of his alleged poor performance was arrested for Boating Under the Influence. He subsequently refused a breath test. Mr. Schwartz was able to show inconistencies in the officers testimony and as a result obtained a breakdown to a careless boating charge with no conviction for the client.
RESULTS: BREAKDOWN TO CARELESS BOATING WITH NO CONVICTION

VOLUSIA COUNTY
Case# CTC 06-04931MMAWS
Charge: Driving Under the Influence
Facts: Client was observed by police swerving to the right side of the roadway almost three times and also was traveling 45 mph in a 30 mph speed zone. Police stopped the vehicle and observed the client was sweating and and had bloodshot eyes. Client performed poorly on the roadside sobriety exercises and refused to take the breath test.
RESULT: MR. HAGER WAS ABLE TO CONVINCE THE PROSECUTOR TO REDUCE THE CHARGE TO RECKLESS DRDIVING WITHOUT CONVICTION AFTER AN EXTENSIVE INVESTIGATION INTO THE SPECIFIC FACRS OF THE CASE.

HIGHLANDS COUNTY
Case# 04-837MM
Charge: Possession of Marijuana
RESULT: MR. SCHWARTZ GOT THE CASE DISMISSED

VOLUSIA COUNTY
Case# 06-30861MMAES
Charge: Driving Under the Influence
Facts: Client was traveling 40 mph in a 35 mph speed zone and was stopped by the police. Police observed bloodshot, watery and glassy eyes and a smelled a strong odor of alcohol. Client performed poorly on roadside sobriety exercises that were videotaped and blew a .131 and .130.
RESULT: AS A RESULT OF AN EXHASTIVE INVESTIGATION AND EXTENSIVE NEGOTIATION, MR. HARGER CONVINCED THE PROSECUTOR TO DISREGARD THE HIGH BREATH READING AND REDUCE THE CHARGE TO RECKLESS DRIVING WITHOUT CONVICTION.

MIAMI-DADE COUNTY
Case# F92-023122C
Charge: Armed Burglary & Armed Kidnapping
Facts: Client fled after an arrest warrant was issued as a result of being a suspect in armed kidnapping and armed burglary where he along with two co-defendants tied someone up in their home. As a result of the charges, he was facing two consecutive life sentences in state prison. Thirteen years later, he returned and Mr. Schwartz successfully negotiated a plea which required the client to serve only 364 days in jail followed by three years of probation.
RESULT:REDUCED SENTENCE

HIGHLAND COUNTY
Case# 04-840MM
Charge: Possession of Marijuana
RESULT: DISMISSED

MIAMI-DADE COUNTY
Case# F92-023124
Charge: Armed Robbery/Armed Kidnapping and Armed Burglary
Facts: Client fled after an arrest warrant was issued as a result of being a suspect in an armed robbery. As a result of the charges, he was facing up to fifteen years in state prison. Thirteen years later, he returned and Mr. Schwartz successfully negotiated a plea which required the client to serve only 364 days in jail followed by three years of probation.
RESULT: REDUCED ESNTENCE

COLLIER COUNTY
Case# 068505CT
Charge: Driving Under the Influence
Facts: Client was stopped after swerving in and out of his lane. The police officer's investigation revealed impairment and thus probable cause for arrest. Client refused a breath test. Mr. Schwartz was able to use the video and other evidence to establish that the officers representation of poor performance on the field sobriety tests was incorrect and a true misrepresentation of actual fact. Mr. Schwartz was able through his meticulous investigation and review of all the evidence to convince the prosecutor that the arresting officer's representation of his investigation was inconsistent with the actual facts in the case.
RESULT: BREAKDOWN TO RECKLESS DRIVING

VOLUSIA COUNTY
Case#CTC 0642502
Charge: Driving Under the Influence
Facts: Client was stopped by police for failing to maintain a single lane. Police observed glassy and bloodshot eyes, poor manual dexterity and smelled a strong odor of alcohol. She performed field sobriety exercises on videotape and performed poorly and blew a .150 and .145 breath test result.
RESULT: THIS CASE WAS REDUCED TO RECKLESS DRIVING WITHOUT A CONVICTION AFTER MR. HAGER FILED A MOTION TO SUPPRESS THE INITIAL TRAFFIC STOP ARGUING THAT THE OFFICER DID NOT HAVE A LEGAL REASON TO STOP THE VEHICLE TO INITIATE THE DUI INVESTIGATION THAT ULTIMATELY RESULTED TO THE HIGH BREATH TEST READING.

HIGHLAND COUNTY
Case# 04-841MM
Charge: Possession of Marijuana
RESULT: MR. SCHWARTZ SUCCESSFULLY CONVINCED THE PROSECUTOR TO DISMISS THE CHARGES.

MIAMI-DADE COUNTY
Case# F03021560
Charge: Possession of Cocaine:
Facts: Client was facing up to five years in prison for the charge. Mr. Schwartz was able to successfully convince the prosecutor that putting his client in prison was counterproductive and would not serve anyone's best interest.
RESULT: WITHOLD OF ADJUDICATION WITH A SUSPENDED ENTRY OF SENTENCE (NO CONVICTION AND NO PENALTY)

Volusia County
Case# 057904W
Charge: Driving Under the Influence
Facts: Client was traveling 52 mph in a 35 mph posted speed zone and was stopped by the police. Client had red, bloodshot eyes, slurred speech and an odor of alcohol. Client refused field sobriety exercises and agreed to take a breath test and blew a .135 and .143.
MR. HAGER WAS SUCCESSFUL IN CONVINCING THE PROSECUTOR TO DISREGARD THE HIGH BREATH TEST READING AND REDUCE THE CHARGE TO RECKLESS DRIVING WITHOUT A CONVICTION.

MONROE COUNTY
Case# 2006N16138P
Charge: Boating Under the Influence
Facts: Client was stopped for riding his waverunner at a high rate of speed in a no wake zone. He was subsequently ordered to perform field sobriety tests and as a result of his alleged poor performance was arrested for Boating Under the Influence. He was offered and refused a breath test. Mr. Schwartz was able through his meticulous investigation and review of all the evidence to convince the prosecutor that the arresting officer's representation of my clients performance on the field sobriety tests was inconsistent with the actual evidence in the case and thus that there was little to no evidence of impairment.
RESULT: BREAKDOWN TO CARELESS BOATING WITH NO CONVICTION

HIGHLAND COUNTY
Case# 04-838MM
Charge: Possession of Marijuana
RESULT: CASE DISMISSED

LEE COUNTY
Case# 06CFA14334
Charge: Grand Theft & Burglary of a Structure:
Facts: Client was facing ten (10) years in state prison after being charged with breaking into a car with numerous co-defendants and stealing electronic equipment. As a result of the client's sensitive immigration issues, he could not accept a plea for burglary as it would result in almost immediate deportation. After a meticulous investigation and extensive negotiations with the prosecutor, the burglary charge was dropped, the information was amended and the client received no felony convictions.
RESULT: BURGLARY CHARGE DISMISSED

former prosecutors

Start Planning Your Defense

    • Please enter your name.
    • This isn't a valid phone number.
      Please enter your phone number.
    • This isn't a valid email address.
      Please enter your email address.
    • Please make a selection.
    • Please enter a message.
Put Us On Your Side