• Case Dismissed

    Assault & Battery

    Charges: aggravated battery/serious bodily injury/deadly weapon, armed burglary/assault
    Facts: client was with girlfriend at another classmate's apartment. A fight over the girlfriend ensued and client allegedly went into apartment without consent and hit "victim," injuring him. Mr. Schwartz was able to establish through sworn testimony that the state's case would be weak and that the defendant is a good kid. Defendant was facing life in prison if convicted.
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  • Case Dismissed

    Criminal Defense

    Charge: Armed Robbery with a firearm
    Facts: client was charged with two other co-defendants with robbing another individual over some narcotics. There was gunfire exchanged and all three co-defendants were arrested for the charge. I was able to convince the assistant state attorney after discovery and depositions that there was insufficient evidence to prove that my client was involved in the robbery. The other two codefendants went to Florida state prison.
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  • Case Dismissed

    Assault & Battery

    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.
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  • Resolved

    Assault & Battery

    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 Non-Prison Sentence

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  • Charges Not Filed

    Criminal Defense

    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.
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  • Dismissed

    Assault & Battery

    Charge: domestic battery and civil petition for restraining order
    Facts: client's ex-girlfriend turned manipulative after a breakup. As a result she decided to make false allegations of domestic battery and file a corresponding petition for restraining order based on same facts and alleged incident. Mr. Schwartz was able to establish that the "victim" lacked credibility and got the criminal case dismissed. In addition, Mr. Schwartz was able to get the petition for restraining order dismissed and the client was able to avoid a record that a permanent restraining order would have caused.

    Results: dismissed, petition for injunction also dismissed

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  • Dismissed

    Assault & Battery

    Charge: Domestic Violence Battery/Intimidating a Witness
    Facts: Client was charged with a battery on his wife and was alleged to have intimidated her into not contacting the police. Client was arrested and ultimately Mr. Hager spoke with the victim who did not wish to pursue this case. A waiver of prosecution was drafted by Mr. Hager and the wife signed the form and it was forwarded to the State Attorney’s Office and the case was ultimately dismissed.
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  • Dismissed

    Assault & Battery

    Charge: Domestic Violence Battery
    Facts: Client was charged with a battery on his wife and was alleged to have striking her in the face with a closed fist. A sworn statement was taken and photos were taken of the victim. Client was arrested and ultimately Mr. Hager spoke with the victim who did not wish to pursue this case and he obtained a sworn statement from the alleged victim and it was forwarded to the State Attorney’s Office and the case was ultimately dismissed.
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  • Charges Dropped

    Assault & Battery

    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.
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  • Charges Dismissed

    Assault & Battery

    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.

    Results:Charges Dismissed & Injuction Dissolved

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  • No Conviction

    Drug Crimes

    Charges: producing marijuana
    Facts: judge in Fort Myers (Lee County) issued a $150,000 bond. Mr. Schwartz immediately set hearing to reduce bond and client got out of jail without having to pay bond and resolved case with 2 years' probation and no conviction. Client was facing five years in Florida state prison and a two year driver's license suspension.
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  • Case Dismissed

    Drug Crimes

    Charges: Possession of controlled substance
    Facts: client was riding a motorcycle in Miami Beach when he was stopped. Police decided to search the storage compartments for the motorcycle, where they found narcotics. Mr. Schwartz was able to establish that the police officer conducted an illegal search and thus the narcotics found were illegally seized.
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  • Charges Reduced

    DUI

    Charges: driving under the influence (dui), disorderly intoxication, resisting officer without violence
    Facts: client was riding a motor scooter on ocean drive when she was stopped for a traffic violation. She allegedly became irate with officer, who ordered the usual field sobriety exercises and subsequent breath test as part of his dui investigation, which registered at double the legal limit. Mr. Schwartz was able to get the dui charge reduced to a reckless driving without a conviction and get the disorderly intoxication and resisting without violence charge dismissed for lack of evidence.
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  • Case Was Not Filed

    Criminal Defense

    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.
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  • Case Dismissed

    Theft Crimes

    Charge: Grand Theft?
    Facts: client, who is a police officer from out of state, was seen taking an expensive piece of jewelry out of a bin at an airport security checkpoint. Mr. Schwartz was able to convince the assistant state attorney that they could not prove that he intended to permanently deprive the rightful owner of the jewelry and the case was dismissed. Client was able to keep his job as a police officer.
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  • Case Dismissed

    Criminal Defense

    Charges: criminal mischief, disorderly intoxication
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  • Dismissed

    Probation Violation

    Charge: Violation of Probation for Voyeurism and Battery
    Facts: Client was on probation for Voyeurism and Battery and violated his probation by being charged with a new crime of Loitering or Prowling. Client was faced over a year in jail if found guilty of the violation of probation. At the final hearing, the Assistant State Attorney attempted to introduce evidence by the police officers and other witnesses who did not see the actual incident occur and Mr. Hager objected to the judge considering such evidence based on hearsay.
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  • Dismissed

    Theft Crimes

    Charge: retail theft
    Facts: client was charged with retail theft from a popular department store, who utilized surveillance footage. Mr. Schwartz was able to convince the assistant state attorney that there was insufficient evidence to establish proof beyond a reasonable doubt.
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  • Charges Dismissed

    Theft Crimes

    Charges: petit theft, resist officer with violence, possession of drug paraphernalia, tampering with evidence
    Facts: client was seen by in store security concealing some tools. When approached, he became angry and tossed the merchandise away. Search incident to arrest revealed a small amount of drug residue in his pocket.

    Mr. Schwartz was able to get charges reduced and have cases transferred to misdemeanor court, b12-17074. Where client received no conviction for petit theft charge and got all other charges dismissed.

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  • Dismissed

    Criminal Defense

    Charge: possession of alcohol under 21
    Facts: Client was charged with possession alcohol on a recreational boat where alcohol and drugs were found. Mr. Schwartz was able to convince the government that there was no evidence to establish that the client was actually in possession of any drugs or alcohol other than her statements.
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