Case Results

  • Case Dismissed

    Domestic Battery

    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.
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  • Case Dismissed

    Domestic Battery

    Client worked as a garage manager and after a verbal dispute with an employee, the employee called the police and made an allegation that the client hit him in the head with a tool (deadly weapon). The State Attorneys Office filed a charge of Aggravated Battery, which carries a penalty of up to fifteen (15) years on Florida State Prison. Mr. Schwartz conducted a thorough investigation of the scene and the victim and through taking depositions of the eye witnesses and the victim was able to establish a pattern on inconsistency in the alleged victim's allegations.
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  • case dismissed

    Domestic Battery

    Client was a manager at a gas station. He had to admonish an employee who decided to get back at him by calling the police and having him arrested for aggravated battery. After extensive discovery and depositions, Mr. Schwartz was able to establish that the alleged victim was lying and thus lacked the credibility to allow the state attorney's office to prove the case.
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  • Case and Injunction Dismissed

    Domestic Battery

    Client was arrested for aggravated battery and was the recipient of a petition for permanent restraining order. Mr. Schwartz, through deposition was able to establish that the "victim" completely lacked credibility. As a result, the assistant state attorney realized that she had no case because of the lack of physical evidence. She was forced to drop the case.
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  • Case Dismissed

    Domestic Battery

    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.
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  • Case Dropped

    Domestic Battery

    Client was with his girlfriend at the front door of one of her male friends. When the friend came to the door, he began flirting with the clients girlfriend which resulted in a fight that caused a glass door to break. The fight continued inside the residence and due to breakage of glass, the resident was seriously injured. Client was charged with burglary with a battery, a life felony, which carried no bond and a maximum penalty of life in Florida State prison. Mr Schwartz immediately upon being retained gathered witnesses and produced affidavits, which contradicted the statement of the alleged victim. A background check on the victim was done on the victim and revealed him to be an extensive drug user with mental stability issues which to some extent tarnished his credibility. As a result, Mr. Schwartz was able to work out a resolution with the alleged victim and the State Attorneys Office which led to the case being dismissed and ensuring that the clients criminal history remained clean.
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  • No Jail/Prison Time

    Aggravated Stalking

    Aggravated Stalking

    Fraudulent Use of Personal Identification Information

    Unlawful Use of a Two Way Communications Device

    Client was accused of using his phone and computer to make threats to a school and individuals. He was facing 15 years in Florida State Prison. After an extensive discovery process, Mr. Schwartz was able to negotiate a resolution that allowed the client to avoid any time in jail.

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  • Non-Reporting Probation

    Criminal Defense

    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.
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  • Case Dismissed

    Attempted Murder & Armed Robbery

    Client was picking up some jewelry with some other friends. When they approached the shop, a man came out and attempted to take their money. As a result, one of the individuals in my clients car pulled a gun and shot at the person multiple times, striking him once. The state filed the case and the client was looking at life in prison. However, Mr. Schwartz conducted a thorough investigation of all witnesses and co-defendants. As a direct result, Mr. Schwartz was able to establish that his client had minimal to no involvement and was nothing more than an innocent bystander who had no knowledge that there was a gun and played no role in the shooting. As a result, the case against Mr. Schwartz' client was eventually dropped. The 3 other co-defendants who were in the same car and represented by the public defenders office all served prison/jail time followed by lengthy probation. Mr. Schwartz' client got his case dismissed due to extreme efforts of Mr. Schwartz.
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  • Case Dismissed

    Domestic Battery

    Client was accused of beating her elderly mother in law after a verbal altercation over a family matter. The prosecutor had advised that she intended on filing the felony case as charged. However, due to Mr. Schwartz immediate diligence and strategy, he was able to convince her to hold off until more information could be obtained regarding the credibility of our client and the lack of credibility of the alleged victim. Mr. Schwartz was subsequently able to provide her with enough evidence that supported our clients version of the events and contradicted what the alleged victim told the police during their investigation.
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  • Case Dismissed

    Domestic Battery

    CASE DISMISSED after Mr. Schwartz established lack of credibility on behalf of victim and that she was lying about allegations.
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  • Expunged

    Domestic Battery

    Client was charged with battery and domestic violence. Our team was able to get the case dropped and expunged off their record.
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  • Minimum Mandatory Sentences Waived

    Drug Crimes

    2016 CFK15873

    2016 CFK15874

    2016 CFK15894

    2016 CF 3004

    Client, who had an addiction to opioids, got caught 4 separate times selling cocaine in order to finance his addiction. All of the transactions where for amounts that exceeded the statutory threshold for cocaine trafficking. Mr. Schwartz, after a tireless investigation filed 2 motions to suppress and two motions to dismiss. Client was facing over 140 years in Florida State Prison with over 25 years in minimum mandatory prison sentences. The bottom of his guidelines exceeded fifteen years. Mr. Schwartz was able to negotiate a resolution where the client serves only three years, significantly less than his guidelines.

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  • Case Dropped

    Sale of Narcotics

    Same client as case (repeat client) above got arrested when he was riding a scooter with a friend on South Beach and was stopped for improper turn. The police officer searched the scooter and under the seat found some narcotics. The repeat client was again looking at time in Florida State Prison. Mr. Schwartz immediately called the State Attorney and was able to convince her that there was no basis for the stop and certainly no basis for the search of the scooter. In addition, Mr. Schwartz was able to convince the prosecutor that there was no way they could prove that the client knew there were narcotics under the seat of the scooter.
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  • Dismissed

    DUI

    Our client was charged with Criminal Mischief and Disorderly Intoxication. The case was dismissed and expunged off record.
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  • Case Dismissed and expunged off record

    Criminal Defense

    A client in Miami-Dade was charged with Disorderly Conduct and we were able to get the case dismissed and expunged.
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  • Case Dismissed

    Domestic Battery

    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.
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  • Case Dismissed

    Domestic Battery

    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.
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  • Case Dimissed

    Domestic Battery

    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.
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  • Case Dismissed

    Domestic Battery

    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.
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  • Case Dismissed

    Domestic Battery

    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.
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  • Case Dismissed

    Domestic Battery

    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.
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  • Case Dismissed

    Domestic Battery

    Client had an argument and scuffle with her father, who decided to move forward with the criminal charges. After extensive discussions with the prosecutor, Mr. Schwartz was able to get the case dismissed.
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  • Case Dismissed

    Domestic Battery

    Client had a heated argument with her husband which resulted in an allegation that she punched him in the face. He called the police and she was arrested. After extensive discovery, Mr. Schwartz was successful in obtaining a dismissal of all charges.

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  • Dismissed

    Domestic Battery

    Charge(s) Domestic Battery (2 counts) and Defending Petition for Permanent Restraining Order

    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

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  • Case Dismissed

    Domestic Battery

    Client was on vacation from Canada and got into an argument with his girlfriend. She called police and alleged that he choked her. Mr. Schwartz was able to convince the prosecutor that the victim's allegations had many inconsistencies and that she lacked credibility.
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  • Case Dismissed

    Domestic Battery

    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.
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  • Dismissed

    Domestic Battery

    Our client was charged with domestic violence ?injunction. We were able to get the case dismissed after establishing in hearing the victim lacked credibility and had anterior financial motivations.
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  • Case Dismissed

    Domestic Battery

    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.
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  • Case Dismissed

    DUI

    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.
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  • Case Dismissed

    DUI

    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.
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  • Case Dismissed

    Drug Crimes

    Charge: Possession of Cocaine / Purchase of Cocaine / Possession of Controlled Substances

    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.

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  • Case Dismissed

    DUI

    Charge: Driving Under the Influence (DUI) w/Bench Warrant. Mr. Schwartz was able to set aside BW and get DUI dismissed without client present.
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  • Reduced Charges

    DUI

    DUI was broken down to a reckless driving with no conviction and the disorderly intoxication charge was dismissed.
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  • Both Cases Dismissed

    DUI

    Charge: Driving Under the Influence (DUI) and Leaving the Scene with Injury (LSA)

    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.

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  • Case Dropped

    Theft Crimes

    Client, who is a police officer in California, was in Miami for vacation. When he was leaving and going through airport security he allegedly took an expensive Rolex watch out of the property bin that belonged to someone else. Mr. Schwartz, immediately got the surveillance footage of the alleged incident and was able to establish to the State Attorneys Office that there was intent to "deprive another of their property."
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  • Case Dismissed

    Grand Theft Auto

    Client was accused of stealing property valued at over $300. Mr. Schwartz was able convince the prosecutor to dismiss the case.
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  • Case Dismissed

    Theft Crimes

    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.
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  • Dismissed

    Drug Crimes

    Our client was charged with juvenile drug possession. We were able to get the case dismissed and expunged off their record.
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  • No Jail/Prison Time

    Sex Crimes

    When the client was 24 years old, he was arrested for having sexual relations with a fourteen year old. He was facing 30 years in Florida State Prison. Mr. Schwartz, after an exhaustive discovery process was able to negotiate a resolution of community control and probation with no jail time.
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  • Immediate Release From Prison

    Sex Crimes

    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.

    We got the conviction vacated and the client immediately released from prison.

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  • Two Years Probation, No Jail Time

    Sale of Narcotics

    Client, who had a criminal history and addiction to narcotics was arrested for illegally carrying a gun and sale of narcotics. Prosecutor wanted to make him a convicted felon and put him in prison for an extended period of time based on facts of case and prior criminal history. After extensive investigation by Mr. Schwartz, client was able to provide enough mitigation that convinced the court to give him a withhold of adjudication thus allowing him to avoid being a convicted felon. He was also placed on 2 years of probation with no jail/prison time as he was facing 30 years in Florida State Prison.
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  • Case Dismissed

    Theft Crimes

    Client was seen taking merchandise from the shelf of a retail store. Mr. Schwartz got the case dismissed after another local attorney advised her to admit to the charge and take a plea.
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  • Case Dismissed

    Drug Crimes

    Client and his brother were having a party behind a vacant house in the neighborhood. Police were called. When they arrived they arrested most of the kids at the party. When they questioned my client, he was near what turned out to be a baggie of marijuana. Mr. Schwartz was able to establish that the being near the narcotics is not considered possession under the law and the case was dismissed.
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  • 2 Counts Dropped & 3rd Closed with No Conviction

    Theft Crimes

    Same repeat client as above was again in a situation that resulted in a police confrontation which lead to his arrest. The officer accused him of stealing merchandise from a merchant. When approached, he shoved the officer. The client was again looking at prison time as he was charged with a felony and two misdemeanors. Mr. Schwartz was able to get two counts dismissed due to a bad search and get the felony bound to a misdemeanor, where all he had to do is pay court costs and avoided a conviction.
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  • Probation on One Case, Second Case Dismissed

    Robbery

    Client was in town on vacation with his family. He was arrested and accused of robbing two separate women of their purses, wallets and phones, then running away. The police found the victims property on him upon his apprehension. Mr Schwartz, who was proactive in the investigation was able to negotiate with the filing prosecutor a resolution that resulted in only one case being filed and was placed on probation. The second case was dropped as part of the negotiated resolution. The client was facing up to 30 years in Florida State Prison, but because of Mr. Schwartz’ aggressive efforts, he was able to fly home the same day
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  • Case Dropped

    Possession of Controlled Substance

    Client was attending the ULTRA music festival when a police officer allegedly saw him grab a ticket out of another patrons hands, then run away to an awaiting car. Client was facing up to six (6) years in Florida State Prison. Mr. Schwartz, immediately after being retained, investigated the facts and got affidavits from eye witnesses that contradicted the testimony of the officer. As a result, Mr. Schwartz convinced the State Attorneys Office to drop the case, which preserved the clients clean record.
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  • Case Dismissed

    Organized Fraud, Grand Theft 1st Degree

    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.
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  • Warrants Removed and Violations Dismissed

    Probation Violation

    Client failed to complete the conditions of his probation and received warrants for such and for a failure to appear. Mr. Schwartz was able to not only get the warrants removed, he was able to get his probation terminated.
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