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Currently Showing 17 Results

Burglary

Treasure Coast August 2021
Charges Dropped

Facts: Our Client was arrested for the Burglary of a tire shop out of St. Lucie county. Our Client was caught red-handed moments later with the tires on the bed of his truck. The Client had just enlisted in the army before this incident,  and now his future was in jeopardy. Meltzer & Bell, P.A. was immediately retained.

Results: Our firm began to work on the case the moment we were retained. We successfully spoke with the tire shop owner and explained the situation to him, and he was sympathetic towards our Client. Next, we contacted the prosecutor and convinced them to drop the charges against our Client.

DUI; Possession of Heroin (Martin County)

Treasure Coast 2021
Probation

Facts: Our client was driving down I-95 in an erratic manner. Another driver called 911 to report a reckless vehicle. When law enforcement showed up our client was driving on the shoulder at a very slow rate of speed. He was stopped by the officer and described as being very lethargic and was taken to the hospital for medical clearance. Upon a search of his vehicle for a tow inventory heroin was found in the car.

Results: When our client came to us he was already working on getting into treatment. We continued the case to allow him time to get his life back on track. The state refused to take significant jail time off the table and we were forced to plea to the court. We brought in people from the treatment program he was in, life long family and friends, as well our client’s parents. Our client also testified about how he was progressing in treatment and why this time it would stick. We argued that our client should be placed on supervision and be allowed to stay in treatment. The judge agreed and sentenced our client to a suspended sentence, allowing to be on probation and continue on his treatment.

Drug Possession (Martin County)

Treasure Coast 2021
Charges Dropped

Facts: Our client’s mother contacted us because our client was picked up in Georgia on a warrant from Martin County and was not being explained the process for extradition. All the information that was available was that he was charged with possession of a controlled substance and unlawful use of a two-way communication device.

Results: We were able to explain the entire process to our client’s mother who was able to have someone meet with the client in the jail in Georgia and have him sign proper papers to waive extradition to get him back to Florida. Despite many attempts, the state would not agree to dismiss the warrant or allow our client to post bond in Georgia. We were, however, able to provide our client’s mother with a bondsman and make arrangements for him to be released immediately upon him being transported to Florida. In just a couple of weeks after our client bonded out of the jail the state filed the paperwork indicating they would not be pursuing the case against our client and he was free to remain in Georgia with his child and family!

Violation of Probation DUI (Saint Lucie County)

Treasure Coast 2021
Charges Reduced

Facts: Our client was placed on probation for a DUI which occurred in 2020. He was ordered to completed a substance abuse evaluation as a part of the required DUI school. He was also ordered not to drink or consume drugs and to submit to random testing. However, very early in his probation our client tested positive for alcohol and his probation was violated and he was sitting in custody without a bond.

Results: We were able to speak with our client in the jail right away after being contacted by our client’s family. After speaking with our client we learned that he had not yet enrolled in the drug and alcohol treatment, but that he was already scheduled to begin the treatment just several days after his arrest on the violation. We did not waste time on waiting around for a court date to come up. Instead, we called the state attorney immediately and let them know that our client was not yet in treatment and that while he tested positive he wasn’t using or drinking while receiving treatment. We asked for him to have the opportunity to get the evaluation and enroll in his treatment. We were successful in getting the state to agree and within a week he was entering a plea to reinstate his probation and released from custody.

Speeding 30 Miles Over (Volusia County)

Treasure Coast 2021
Dismissal

Facts: Our client was stopped and cited for speeding with a speed more than 3 miles over the posted speed limit. This traffic ticket requires a mandatory court appearance rather than just being able to elect traffic school and/or just paying the fine.

Results: Due to our knowledge of traffic laws and proper procedures we were able to see that our client’s citation was not properly signed. Rather than entering a plea and asking the court to keep the points off of our client’s license we moved for a dismissal of the citation and that motion was granted. Not only does this prevent our client from paying a hefty fine, but he will receive 0 points on his license and keep a clean driving record!

Failure to Yield (Brevard County)

Treasure Coast 2021
Not Guilty

Facts: Our client was the operator of a tractor trailer that was leaving a storage unit facility and making a left hand turn. He checked that the lanes were clear and entered the median. However, due to the length of his trailer part of the trailer remained in the inside lane. Our client had to wait for a few moments before he could proceed through the median. In that time a car came around the corner at a high rate of speed and struck our client’s trailer causing serious injury to herself and her passenger. When law enforcement arrived our client was cited for failing to yield.

Results: Our client came to us regarding this traffic matter, but there was also civil litigation pending. Additionally, our client holds a CDL and an adjudication as to this traffic violation would put his livelihood at jeopardy. So, rather than what occurs in many traffic cases where a lawyer goes to court without their client and enters a plea and begs for mercy as to withholding of points we took his case to trial on the traffic issue. At the trial all of the witnesses indicated that our client looked both ways before proceeding into the median and that no one was coming when he entered the roadway. And, as an added wrinkle to this trial, the woman injured in the accident had her attorney present and he was permitted to ask questions of the witnesses. We were able to argue that our client did not fail to yield as all of the testimony was that he looked before entering the intersection and that no one was coming. The judge ruled in our favor and found our client not guilty. And, because we were able to get all of the information we needed from the witnesses we were able to prevent our client from testifying and being subject to questioning by the civil attorney present, preserving any potential issues that could pose on his pending civil litigation.

Possession Marijuana/Paraphernalia (Saint Lucie County)

Treasure Coast 2021
No Jail

Facts: Our client was sentenced to probation with a condition of weekend jail on a marijuana case back in 1999. At some point there was an allegation that our client violated his probation and a no bond warrant was issued for his arrest. Our client continues to live in the state of Florida, Citrus County and never hears another thing about this case. Until 2021 when the police knock on his door and take him into custody in Citrus County for a 22 year old Saint Lucie County violation of probation.

Results: Our client’s wife called and retained us right away. We immediately sent an email to the state attorney, putting them on notice, that this very very old warrant had been executed and our client was being held without bond. We advised that we wanted to get this resolved as quickly as possible so that he did not have to be transported from Citrus to Saint Lucie County. After being very diligent in following up with the state we were able to get them to agree to a resolution that would get our client out of custody immediately. Rather than wait for our client to be transported to get him before the judge we took it upon our selves to call the Citrus County jail and set it up for our client to appear from Citrus via Zoom to resolve his Saint Lucie case. It took multiple phone calls and emails, but in a matter of 3-4 business days we were able to get the case set before the Saint Lucie court and have our client on Zoom from the Citrus County jail and he was released that day!

Aggravated Assault with a Deadly Weapon (Indian River County)

Treasure Coast June 2021
Charges Dropped

Facts: Our client and his wife had a verbal altercation about him going away on a vacation without her. She had a young infant and was dealing with some emotional issues and wanted him to stay home with her. At some point during the argument law enforcement was called and the client indicated that he had threatened his wife, although that was untrue he knew that it would remove him from the situation. However, his wife indicated that no crime had occurred and law enforcement left. Soon after, our client left for his vacation. His wife became distraught and called law enforcement back to say that the crime did happen, hoping this would force her husband back home. Instead, he was arrested.

Results: We spoke with our client’s wife and we were able to determine a lot of what was going on around this time both with our client’s wife and in their marriage as a whole. His wife wanted him home with her and their child and indicated to us that she was not afraid of her husband and that he has never been physical or violent towards her or their son. When we were unable to obtain a response from the prosecutor in regards to a sworn affidavit sign by our client’s wife we set the case for a hearing to lift the no contact order to allow our client to return home and to put the wife’s testimony on the record. She testified that her husband had never threatened her and that she told law enforcement that he did due to her own emotional issues going on at the time that this occurred. Based on our argument and the testimony elicited by us on behalf of our client the state announced right in the middle of the hearing that they would not be pursuing charges and our client was free to leave and return home to his family!

Battery on Pregnant Women

Treasure Coast 2020
Dismissal

2020 Indian River County

Facts: Our client was accused of becoming physical with his wife after a verbal altercation. His wife was pregnant at the time and enhanced the charges to a felony.

Outcome: We immediately requested discovery. The state supplemented additional items, but once we had everything we requested to set depositions immediately. The listed victim contacted us and indicated she did not want to go forward. We made her deposition a priority and advised the state of our conversation. Based on this information the state dismissed the charges against our client!

Second DUI – Martin County

Treasure Coast 2021
Dismissal

Facts: Our client was traveling home with a group of friends in his vehicle. He made several lane changes, using his turn signal, and made a wide left turn to enter the Wawa gas station for a late-night snack. He was stopped for erratic driving and a DUI investigation was conducted which resulted in our client’s second arrest for DUI within 5 years. He was made an offer from the state to resolve his case, which included jail time.

Result: We got to work becoming familiar with the facts of the case and diligently researching the law cited by the officer as the basis for the traffic stop. We soon realized there was an issue with the lawful basis for the stop and filed a motion to suppress. The state was not willing to negotiate a better offer so we had the motion heard. The judge agreed with us and ruled to suppress the entire stop resulting in the case being dismissed for lack of evidence!

2020 DWLS Martin County

Treasure Coast 2020
Probation

Facts: Our client was released from prison in early 2020 and was slowly getting back to work. However, due to unpaid court costs and child support while in prison his license was suspended and he was caught driving and charged when driving on a suspended license. Before coming to us he found out he had a revoked bond and panicked and missed court. So, he was facing sitting in jail with no bond when he called our firm.

Result: We worked with our client to turn himself in on the open warrants and appeared at his first appearance. We were able to convince the judge to dismiss the failure to appear and set aside the bond revocation. He was released that day with a new court day. At that court date we decided to plea to the court and attempt to avoid the jail offer extended by the state. Based on the evidence we presented and the arguments we made the judge placed him on probation so that he will not be going back into custody.

St. Lucie Motion to Modify Probation 2021

Treasure Coast 2021
Probation

Facts: Our client pled to a period of probation which prevented her from leaving the county and required a curfew. Due to her limited ability to travel she was unable to do her job which included meeting with clients both in Florida and out of state. If she was not able to work she would be unable to pay for probation and continue on the right path.

Outcome: After speaking with the state and submitting a motion detailing our client’s hardship and her desire to continue her work and be successful the state agreed to our motion and allowed the probation officer complete discretion in allowing our client to travel for work purposes. This would prevent our client from having to go before the court for all work related matters taking her out of county.

St. Lucie 2021 (VOP; Battery by Detainee)

Treasure Coast 2021
Charges Reduced

Facts: Our client was placed on probation and set up with housing at a group home through probation. He decided he wanted to live elsewhere and was found wondering the streets of Fort Pierce which led to a violation of his probation for leaving his residence without notice or approval from his probation officer. While in custody he unfortunately got into an argument which led to a physical fight with another inmate which led to added charges.

Result: When we came onto the case the violation had been pending for several months, but the new case for battery was brand new. Ultimately, the state did not file charges on the new battery and our client was left with solely the violation of probation. After conversations with the state attorney about the circumstances surrounding the client’s violation and the nature of the new battery charge – which never came to light – we were about to secure our client a reinstatement of his probation and get him out of jail.

Martin 2021 VOP (DUI); St Lucie 2021 (Possession of a Revoked Driver’s License)

Treasure Coast 2021
Charges Reduced

Facts: Our client was placed on probation for a DUI, which resulted in his driver’s license being confiscated by law enforcement at the time of his arrest. While on probation the client’s license was suspended and he was unable to drive. While riding in the passenger’s seat his friend was stopped by the police who asked to see our client’s identification. Unfortunately, our client had not gone to the DMV to have an ID card issued and he was using an old driver’s license – which is illegal. This arrest led not only to new charges, but also the violation of his DUI probation.

Result: We were able to first, secure a notice to appear for the violation rather than a no bond warrant allowing our client to remain out of custody while we worked to resolve both of his cases. Additionally, we were able to speak with the prosecutors in both counties and explain how our client was attempting to do the right thing and we were able to secure him a withhold on the new charge for possessing a revoked driver’s license with no other punishment but to pay statutory costs and to have his probation reinstated with no additional conditions.

Indian River, 2021 Possession of Controlled Substance

Treasure Coast 2021

Facts: Our client’s mother was asked to work and double shift and did not have her medication. She asked her daughter to bring her medication to her, which she did. On the way there our client was stopped by law enforcement for drifting out of her lane. She cooperated by allowing the officer to search the vehicle where they located her mother’s medication. Since she did not have the prescription with her our client was arrested for being in possession of a controlled substance.

Results: After speaking the family and discussing our strategy to provide a copy of the prescription to the state attorney the case was dismissed. The dismissal occurred before formal charges were ever filed and our client never had to appear in court.

St. Lucie, 2021 VOP (DUI)

Treasure Coast 2021

Facts: Client was placed on probation for a period of 6 months for a DUI in 2005. Unbeknownst to our client, she was violated in 2006, the allegations being a failure to report, a failure to complete community service hours, and a failure to pay all costs. In 2021, our client, who thought the case had been dealt with, was having issues obtaining a professional license due to this open violation of probation.

Result: We got to work right away researching the case law and statutes as it related to a violation of that age. We are able to get the prosecutor to agree that the case should be dismissed. An agreed upon motion and order was submitted by us that very same day. In just 2 days’ time the judge had signed the order and our client’s violation was dismissed allowing her to move forward with her professional license.

St. Lucie, 2007 Child Neglect

Treasure Coast 2007

Facts: Our client was sentenced to time in prison followed by 15 years of probation in 2007. She came to us in 2021 desperate to get off of probation after having completed all conditions of her probation very early on during the course of probation. She had done everything she was supposed to do and had stayed out of trouble since her release from prison and a prior attempt to end her probation early had been denied.

Result: We contacted her probation officer to ensure all conditions were complete, which they were. We spoke to our client to get all the necessary information for our motion and all the information that showed she was an exemplary member of the community. The state objected to the motion arguing that the sentencing court chose to give her 3 terms of 5 years probation to run back to back for a reason. The judge, instead, terminated her probation effective immediately and commended her for her outstanding record during her time on probation.

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