Case Results

CHARGE: POSSESSION OF COCAINE
POSSESSION OF AMPHETAMINE
POSSESSION OF CANNABIS
DRUG PARAPHERNALIA

Client was arrested for drug charges after being a passenger in a vehicle with other
occupants that committed a traffic infraction. Police found drugs in the driver’s vehicle
so they conducted a search of all the occupants and vehicle and found drugs in a
purse supposedly belonging to client. In speaking with the prosecutor, we discussed
issues of constructive possession due where the purse was found in close proximity to
the other occupants. In addition, we contested the drugs that were found in the car
and the State dismissed the case prior to charges being filed due to there being an
unreasonable likelihood of success on the merits of the case.

CHARGE: BATTERY ON A LAW ENFORCEMENT

RESISTING AN OFFICER WITHOUT VIOLENCE
TRESPASS ON PROPERTY OTHER THAN STRUCTURE

Client was at a music festival and was asked to leave the VIP area. Police asked to
leave again after she refused and she walked away from them. When she refused to
listen to police, she was taken into custody and resisted arrest. She struck the police
officer in the upper torso and jaw. Upon receiving video surveillance from the incident,
needless to say, the incident didn’t occur as the police reported. Ultimately, charges
were dropped against client after the State agreed with our evaluation of the case.

CHARGE: BATTERY
Client allegedly struck his girlfriend with a closed fist during a verbal argument. There
were apparent injuries to her face. Upon being retained to investigate the case, the
victim in the case admitted to being the aggressor in the case and initially struck our
client against his will. She agreed to sign a Waiver of Prosecution and after providing
the waiver to the State, charges were dropped.

CHARGES: FALSE IMPRISONMENT

BATTERY ON PERSON 65 YRS OLDER
BATTERY CAUSING BODILY HARM

Client was dating his girlfriend for over ten ten years and an argument ensued because
client thought his girlfriend was cheating. The girlfriend stated that the client prevented
her from leaving the residence by holding her and grabbing her against the will. Injuries
were observed on the victim. Police never questioned our client who was no longer at
the scene. Prior to charges being filed, we contacted the victim in the case who
recanted her story, agreed to sign a waiver of prosecution and the charges were never
filed due to there being an inconsistent statement from the victim as to what happened.

Client, during the pandemic, fraudulently applied for Paycheck Protection Program monies that were set aside for businesses affected by the pandemic.  The amount obtained from the bank after he was approved for the loan was $150,000.  He was facing up to 20 years in prison and scored a total offense level of 16, subjecting him to 21 to 27 months in prison.  After providing financial records proving that he did not purchase luxurious unnecessary items, rather he used the funds to do good and start his own business helping less fortunate people obtain loans, the Court sentenced him to probation, with no prison time.

Client was charged with illegally importing wildlife from Australia and was facing 10 to 16 months in federal prison and the Court ultimately sentenced him to 3 years probation, no prison term, due to the mitigation that was provided to the Court; his professional work record, family ties to the community and various scholars awards that he earned while teaching at a college.

Client worked at a start up company in San Francisco and unlawfully wired $1.4 million into her own account and for her own use. Client had substance abuse and mental health issues and was facing to 41 to 51 months in federal prison. Upon providing the Court with mitigation, to include past mental health records and having her evaluated by a forensic psychologist, the Court sentenced her to serve less than a year to a Residential Drug Abuse Program followed by probation.

Police responded to a domestic violence complaint by the wife of our client. She told police that, after having an argument, her husband picked her up and forced her into the home, pushed her into one of the bedrooms, and grabbed her by the neck.

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.

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.

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.

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.

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. Client was charged with petit theft, resisting officer with violence, possession of drug paraphernalia, and tampering with evidence. Mr. Schwartz was able to get charges reduced and have cases transferred to misdemeanor court, where client received no conviction for petit theft charge and got all other charges dismissed.

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.

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.

Client was stopped for speeding and investigated for driving under the influence. Hewas told to keep his hands on the steering wheel while being detained and failed to do so while having a handgun in the car. He was ordered to exit the vehicle and did not obey the commands of the o?cer. He was forcibly removed and brought to the ground and was placed under arrest.

Client was riding a motor scooter on ocean drive when she was stopped for a traffic violation. She allegedly became irate with the 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 reckless driving without a conviction and get the disorderly intoxication and resisting without violence charge dismissed for lack of evidence.

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

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.

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.

Client and girlfriend had an argument and he slapped his girlfriend, threatened to kill her, grabbed his girlfriend by the neck, and obstructed her airway until she was about to lose consciousness. She sustained a large red bruise on the right side of her neck. The victim contacted our o?ce and we assisted her in executing a waiver of prosecution as she did not want to testify against her boyfriend. Ultimately, the charges were not filed.

Client was observed driving and colliding with a city bus and left the scene of the accident. Police caught up with the client’s vehicle and when they stopped the vehicle and opened the door, client was impaired to the extent that he fell out of the vehicle. Due to the client being too impaired, he was unable to perform the field sobriety exercises and he did not provide a breath sample. Ultimately, we had the case transferred out of the regular trial division and transfer into Veterans Court since client was a veteran of the armed forces and was honorably discharged. After he completed the terms and conditions of Veterans Court, all charges were dismissed.

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.

Contentious case where alleged victim, elderly woman, and client were involved in an incident of road rage after she stole a parking spot. The allegation was burglary due to her testimony that he put his arm in her car to take her keys and battered her. Result: After a year of discovery and depositions of alleged victim, eyewitnesses and investigative officers, Mr. Schwartz was able to convince the prosecutor that the allegations lacked credibility notwithstanding her financial motivations and the case was dismissed.

Client charged with criminal mischief and disorderly intoxication.

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.

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

Client charged with Domestic Violence Battery, Civil Injunction for Repeat Violence, and a new case for Violation of Injunction. Mr. Schwartz convinced the court to dismiss the Injunction and convinced the prosecutor that the victim’s credibility was less than noble. The Injunction was dismissed and the Criminal Domestic Violence Battery charges were dismissed.

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.

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.

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.

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.

Client was observed swerving and failing to maintain a single lane and driving on a flat tire. She was observed to have slurred speech, smelled of alcohol and admitted to having several drinks of vodka. Client performed poorly on the field sobriety exercises and had a breath test result of .137/.135.

Client charged with producing marijuana and the 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.