CRIMINAL CASE DISMISSALS

STATE V. R.Y. (BURGLARY)

Our client was charged with stealing large amount of gravel from a sand company he worked at.  He was also on probation for Attempted Murder and was facing 30 years in prison if he was convicted on the Burglary charge. Mr. O’Toole took extensive depositions of eyewitnesses who claim they saw our client driving a payloader loading trucks with sand the night of the burglary.  One of the witnesses failed to show up at a deposition and instead of calling, the boss of the sand company called on his behalf.  This made Mr. O’Toole believe the boss was controlling the [...]

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STATE V. Y.B. (DUI & 2 SEPARATE SUSPENDED LICENSE CHARGES)

The client was a single mother and owned her own small business.  She had a suspended license charge previously and was arrested for this case for DUI and a new suspended license charge.  This meant that she would face a 5 year habitual suspension if she took a plea to both charges. To make matters worse, she picked up a new suspended license charge while her cases were pending! Mr. O’Toole had no other option than to have all the cases dismissed in order to save this single mother’s driver’s license.  So, he went to work… The DUI case involved [...]

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STATE V. B.T. (DRUG TRAFFICKING)

The client was charged with drug trafficking and had hired a prominent Fort Lauderdale attorney to represent him.  However, after hiring the attorney, the client realized that his needs were not being met and he was being pressured into taking a plea. After meeting with Mr. O’Toole, a new theory of a defense surfaced.  The defense of entrapment by the police!  Mr. O’Toole quickly hired an expert in jury consulting to see how the defense would go over in front of a jury.  It didn’t look good.  Two out of ten jurors in the mock trials believed the Defendant was [...]

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STATE V. E.O. (DUI)

The client was charged with DUI.  At the roadside, the client admitted to drinking at a local night club.  Moreover, the client performed poorly on the roadside exercises.  The videotape revealed that our client could not speak coherently, had poor dexterity, and that she spoke several different languages.  Mr. O'Toole took the case to trial.  At trial, Mr. O'Toole knew the police officer would try to persuade the jury that everything is a sign of impairment by alcohol, including someone speaking different languages.  This is how the police work, they take a fact and spin it in front of the jury (i.e. [...]

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STATE V. M.R. (BATTERY)

The client was charged with battery.  The client was a professional businessman who had just purchased an expensive new car. He parked his new car in the parking lot in front of his business in a strip mall. He saw a man park next to his car and begin unloading merchandise. Our client walked up to the man and asked him politely not to scratch his car. The victim (who was the man unloading the merchandise) claims that our client then punched him in the face several times and then ran. The police came to the scene and did an [...]

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STATE V. S.S. (DUI)

The client was a young man (21 years of age) charged with DUI. At trial, the officer testified that the client was stopped for almost striking a truck on I-95 and then speeding away. The officer further testified that our client could barely stand up, was swaying, had bloodshot eyes, slurred speech, and a strong odor of an alcoholic beverage coming from his breath. The officer told the jury that our client could not find his license and that he fumbled through his wallet. After a series of roadside exercises which were videotaped, the officer arrested our client and took [...]

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STATE V. R.S. (ARMED ROBBERY)

The Defendant was charged with Armed Robbery. He was accused of robbing a waitress behind a local PF Chang's restaurant at gunpoint and taking her money. He was identified by the victim as the person who robbed her after the police did a "dog track" back to his house where he was found sleeping on the couch. The Defendant was a middle aged professional business man who was well-respected in the Boca Raton community. There was no way that a plea bargain would take place in this case as our client was at home sleeping when this robbery occurred. Mr. [...]

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STATE V. M.S. (AGGRAVATED ASSAULT WITH A DEADLY WEAPON)

The Defendant in this case was charged with two counts of Aggravated Assault with a Deadly Weapon - a shotgun. He was accused of pulling a shotgun on two delivery men at his house for no reason other than the fact that he was upset that they would not install a dishwasher. He was also accused of threatening to "blow their heads off." Our client was facing 30 years in prison as a first time offender because a gun was alleged to be used in the offense. Moreover, the case could not be plea bargained because there was a [...]

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STATE V. H.A. (AGGRAVATED BATTERY WITH A DEADLY WEAPON)

he Defendant in this case was charged with Aggravated Battery with a Deadly Weapon. He was accused of hitting a co-worker in the head with a 12" steel wrench and punching him in the face several times. The victim sustained a large gash on his head and bruising on his face. He was taken to the emergency room for treatment. Our client is an expert at martial arts and the victim was overweight and helpless. After turning down a plea offer from the Prosecutor that included a large jail term, we took this case to trial. At trial, the [...]

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